DEPARTMENT OF THE NAVY 
 NAVAL DISCHARGE REVIEW BOARD (NDRB)
                     DISCHARGE REVIEW
                   DECISIONAL DOCUMENT

 ex-Pvt, USMC
Docket No. MD00-00221

Applicant’s Request

The application for discharge review, received 991130, requested that the characterization of service on the discharge be changed to general/under honorable conditions and the reason for the discharge be changed to (left blank).  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000907.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. 

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   USMC		930920 - 961205	HON
	Inactive: USMCR(J)		930312 - 930919	COG

Period of Service Under Review:

Date of Enlistment:  961206		Date of Discharge:  981123

Length of Service (years, months, days):

	Active:    01  11  18
	Inactive:  None

Age at Entry:  21			Years Contracted:  4

Education Level:  12			AFQT:  33

Highest Rank:  Cpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.1*			Conduct:  3.9*

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, Certificate of Appreciation, SSDR

Days of Unauthorized Absence:  None 

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  MARCORSEPMAN Par. 6210.2.

Chronological Listing of Significant Service Events:

971217:	Counseled for deficiencies in performance and conduct.  [Unauthorized absence from Platoon PT and one hour late showing up for work.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

971231:	Counseled for deficiencies in performance and conduct.  [Unauthorized absence and disobedience to a lawful order.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980219:	Counseled for deficiencies in performance and conduct.  [Misconduct for insufficient funds as evidenced by letter from Honolulu Ford Used Cars dated Mar98, the Marine Corps Exchange record of returned checks received Mar98, and counseling statement of 980219 for failing to pay past due obligation (pay of rent amount $4,000.00), for a total of $6,400.00.  You are advised to stop writing checks until this matter is corrected and directed to establish an appointment with Navy Relief Society for financial budgeting and to follow the guidance provided by the MCI for Personal Finance and to have no further involvement of a discreditable nature with military/civilian authorities or any further violations of the UCMJ.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980305:	Counseled for deficiencies in performance and conduct.  [Misconduct for failing to meet the Marine Corps Weight Standards.  On 970915 you weighed 223 pounds with an estimated body fat of 23.4% with a maximum weight limit of 203 pounds.  On 980302 you weighted 215 pounds with an estimated body fat of 19%.  You're directed to comply with the CO's letter 6100 dated 970903.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980311:	Counseled for deficiencies in performance and conduct.  [Insufficient funds as evidenced by letter from Honolulu Ford Used Cars dated Mar98, the Marine Corps Exchange record of returned checks received Mar98, and counseling statement of 980219 for failing to pay past due obligation (payment of rent amount $4,000.00) for a total of $8,400.00.  You are advised to stop writing checks until this matter is corrected and directed to establish an appointment with Navy Relief Society for financial budgeting and to follow the guidance provided by the MCI for Personal Finance and to have no further involvement of a discreditable nature with military/civilian authorities or any further violations of the UCMJ.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980430:	Special Court-Martial.
	Charge I: violation of the UCMJ, Article 86:
	Specification: Failed to be at appointed place of duty on 1630, 3Feb98.
	Charge II: violation of the UCMJ, Article 123A (13 specifications):
	Specification 1-13: With intent to defraud and for the procurement of lawful currency, wrongfully and unlawfully make and utter certain drafts between the dates of 22Dec97 and 18Feb98 in the amount of $2,400.00.
	Findings:  to Charge I and II and specifications thereunder, guilty.  
	Sentence:  Forfeiture of $617.00 pay per month for 4 months, confinement for 4 months, reduction to Pvt, and a bad conduct discharge.
	CA 980707: Sentence approved and ordered executed except for the BCD, the execution of those parts of the sentence extending to the bad conduct discharge, any and all confinement in excess of 89 day and forfeitures of $617.00 pay per month for 4 months will be suspended for 6 months.

980820:	Counseled for deficiencies in performance and conduct.  [Failure to comply with CO's letter 6100 dated 3Sep97.  On 980817 you weighed 223 lbs with an estimated body fat of 23%.  You may be recommended for administrative separation for professional incompetence due to Weight Control Failure.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980916:	Counseled for deficiencies in performance and conduct.  [Failure to comply with CO's letter 6100 dated 15Sep97.  You are being recommended for immediate process of separation for failure to maintain Weight Control Standards.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

981020:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions and unsatisfactory performance of duties due to weight control failure.

981020:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.  Second page only.

981020	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.  The factual basis for this recommendation was applicant's violations of the UCMJ to include unauthorized absence, making and uttering false checks (thirteen offenses), dishonorable failure to pay a debt and failure of the Marine Corps weight control program.

981026:	SJA review determined the case sufficient in law and fact.

981216:	GCMCA [Commanding General, Marine Corps Base Hawaii] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 981123 under other than honorable conditions for misconduct due to minor disciplinary infractions (A).  The Board presumed regularity in the conduct of governmental affairs (B).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

The applicant introduced no decisional issues for consideration by the Board.

The following is provided for the applicant’s edification.  The applicant must be aware that there is no law or regulation, which provides that an unfavorable discharge may be upgraded, based solely on the passage of time, or good conduct in civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must be found to have existed during the period of enlistment in question.  However, the NDRB is authorized to consider post-service factors in the recharacterization of a discharge. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB.  In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships.  The applicant's efforts need to be more encompassing than those provided.  The applicant should have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his financial responsibility in order for consideration for clemency based on post-service conduct.  At this time the applicant has not provided sufficient documentation of good character and conduct.  Therefore no relief will be granted.
 
The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210, MISCONDUCT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95until Present. 

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT

If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive before submitting such a complaint.  The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness.  You may view DoD Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.af.mil”.  

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023