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

 ex-PFC, USMC
Docket No. MD00-00818

Applicant’s Request

The application for discharge review, received 000614, 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 general.  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 010201.  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-Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I feel that my discharge was inequitable because it was based on one group of mistakes I had on my bank account.  I was over seas when it happened when I returned to the states it was handled by myself and Lt. A_ C_ who was to make sure all matters was taken care of and played in full before my BTRY, office hours. We doubled check and all were taken care of!!  Then while on duty in "Desert Storm" one last floating checks showed up from about 4-5 months prior, which occurred during the same group of bounced checks I had the 1st office hours, so in this matter I got a second office hours and which the wanted me discharged.  In only has 2 1/2 - 3 weeks to go before my E.A.S. in which I would have got a General Discharge.

Documentation

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

Copy of DD Form 214
Statement from applicant dated June 1, 2000

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		870928 - 880510	COG

Period of Service Under Review:

Date of Enlistment:  880511		Date of Discharge:  920415

Length of Service (years, months, days):

	Active:    03  11  05
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  52

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.8 (11)		Conduct:  3.3 (11)

Military Decorations:  None

Unit/Campaign/Service Awards: SSDR with 2 Stars, NDSM, CAR, KLM, SASM with 2 Stars

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Pattern of misconduct (administrative discharge board required but waived), authority:  MARCORSEPMAN Par. 6210.3.

Chronological Listing of Significant Service Events:

881227:	Counseled for deficiencies in performance and conduct.  [Loss of I.D. card Form DD2MC.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

890828:	Counseled for deficiencies in performance and conduct.  [Loss of I.D. Card and meal card.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

891024:	Counseled for deficiencies in performance and conduct.  [Financial irresponsibility and unprofessionally shown by your writing worthless checks.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

891130:	Counseled for deficiencies in performance and conduct.  [UA from CAAC Level 2 on 2 November 1989.  Inability to accept responsibility for poor personal schedule and commitments.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

891212:	NJP for violation of UCMJ, Article 86:
Specification: Unauthorized absence 0800-0830, 30Nov89, from CAAC Level II class.
Violation of the UCMJ, Article 90:
Specification: Willfully disobeyed First Lieutenant's command to be present before him at 1300 and 1630 formation on 29Nov89.
Violation of the UCMJ, Article 123a (2 specs):
Specification: Made a check to Okinawa Area Exchange in the amount of $100.00, knowing he did not have sufficient funds for payment on 11Aug89.
Specification 2: Delivered a check to LCpl for $150.00, knowing he did not have sufficient funds for payment on 24Oct89.
Awarded forfeiture of $189.00 per month for 1 month, restriction and extra duties for 14 days.  Forfeiture, restriction and extra duty suspended for 6 months.  Not appealed.

900221:	NJP for violation of UCMJ, Article 134:
Specification: Make 14 checks for a total of $1741.73, without sufficient funds to cover the checks.
Awarded forfeiture of $400.00 per month for 2 months, restriction for 45 days, reduction to PFC, E-1.  Forfeiture suspended for 6 months.  Not appealed.

900530:	Counseled for deficiencies in performance and conduct.  [Loss of a meal card DD Form 714.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900814:	Counseled for deficiencies in performance and conduct.  [Loss of ID card Form DD2MC.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900831:	Counseled for deficiencies in performance and conduct.  [Inability to follow orders.  You didn't take advantage of a TMO move.  You located a self storage.  You were told to have you gear removed LOY.  900813 you didn't even after you were ordered to by SNCO.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

901101:	Not recommended for promotion to LCpl for the month of November because of irresponsibility.

911121:	NJP for violation of UCMJ, Article 123a:
Specification: Writing checks without having sufficient funds in his account.  Total of $982.99.
Awarded forfeiture of $400.00 per month for 2 months, restriction and extra duties for 45 days, reduction to PFC.  Not appealed.

920103:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

920103:	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

920103:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.  The factual basis for this recommendation was three nonjudicial punishments.  

920304:	Applicant waived his right to an administrative discharge board.

920317:	SJA review determined the case sufficient in law and fact.

920323:	GCMCA [Commanding General, 1st Marine Expeditionary Brigade] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920415 under other than honorable conditions for misconduct due to a pattern of misconduct (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 indicates that his one group of mistakes occurred when he was overseas and that his second NJP was for a bounced check that he should have been punished for during his first NJP.  The Board disagrees.  The Board found that during the applicant’s enlistment he received 6 counseling entries for various offenses punishable under the UCMJ, including: 2 for losing his ID card; 1 for loss of his meal card; 1 for financial irresponsibility; 1 for UA and 1 for misconduct.  In addition the applicant had 3 NJP’s, not 2 as he indicated.  All three were for writing bad checks totally almost $3000 of indebtedness.   One of the three also included a UA charge and disobeying a lawful order.  Clearly the records show that he had a pattern of misconduct.  The command worked with the applicant, as the counseling entries indicate, however, he failed to take corrective action. Relief denied.  

The Board does agree that the applicant was discharged 3 weeks prior to his EAS, although this is non-decisional. The applicant has provided no proof that the last NJP was for a bounced check that was covered in his first NJP.  Relief denied. 

The following is provided for the benefit of the applicant.  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  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.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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.  Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge.  The applicant is reminded that he is eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  The applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Representation at personal appearance hearing is highly recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210, Misconduct, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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