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

ex-LCpl, USMC
Docket No. MD01-00200

Applicant’s Request

The application for discharge review, received 001205, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance hearing discharge review.  The applicant did not designate a representative on the DD Form 293.  In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010601.  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/IN LIEU OF TRIAL BY COURT-MARTIAL, authority: MARCORSEPMAN Par. 6419.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

The following are issues that I am requesting to have reviewed, during my hearing.
•	*Other Than Honorable Discharge
•	*Letter of Request for Reduction in Rank to E-3
•	*RE 4 Code.

Documentation

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

Copy of DD Form 214 (2 copies)
Copy of DD Form 215 correcting item in Block 18
Service Record Pages (4 pages)
Copy of Applicant's request for reduction to E-3
Certificate of Meritorious Mast dated 20 Jan 1995
Special Achievement Award (Boeing), RCAS Program Manager dtd Mar 25, 1999
Applicant's New Employee Progress Report - 30 day review (6/8/98 - 7/8/98)
Applicant's New Employee Progress Report - 90 day review (6/8/98 - 9/6/98)
Applicant's New Employee Progress Report - 180 day review (6/8/98 - 12/5/98)
Character Reference ltr dated Nov 26, 2000 from Rev. M_ L. W_, Assistant Pastor, Union Temple Baptist Church
Notification ltr for completion of pre-service training for treatment parents in foster care dated Nov 8, 2000 from Pressley Ridge 
Character Reference ltr dtd 11/22/2000 from Ms. M_ M_.
Criminal history record check dtd Aug 14, 2000 from State of Maryland (2 pages)
Criminal history record check dtd Jul 31, 2000 from State of Maryland 
Applicant's Maryland's Voter Registration Card

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		890922 - 940107	HON
					851219 - 850921	HON
	Inactive: USMCR(J)		851025 - 851218	COG

Period of Service Under Review:

Date of Enlistment:  940108		Date of Discharge:  960125

Length of Service (years, months, days):

	Active:  02  00  18
	Inactive:  None

Age at Entry:  27			Years Contracted:  3

Education Level:  12			AFQT:  34

Highest Rank:  SGT

Final Enlisted Performance Evaluation Averages:  All enlisted performance reports were available to the Board for review.

Military Decorations:  None

Unit/Campaign/Service Awards:  NUC, MUC (w/1 Star), GCM (w/1 Star), NDSM, SSDR (w/2 Stars), MM, LOA, Rifle Marksman Badge

Days of Unauthorized Absence:  None 

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

UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT-MARTIAL, authority:  MARCORSEPMAN Par. 6419.

Chronological Listing of Significant Service Events:

940108:	Reenlisted for a term of 3 years at the WPNSTRNGBN, MCRD, Parris Island.

950714:	Counseled for poor judgment [driving under a suspended license specifically on 950616 have knowledge that your driving privileges were suspended by your license issuing state, for failure to pay for a traffic violation; being apprehended for driving while your license was suspended, writing worthless checks at the Marine Corps Exchange, MCRD Parris Island, totaling $688.00).  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

950908:	NJP for violation of UCMJ, Article 134:  did, drive under a suspended drivers license, to wit: having been informed not to operate a motor vehicle while your license was under suspension, you were apprehended by civilian authorities on or about 16 June 95 for driving under suspension, making his the second time in the last six months period, for the same type of offense.
Awarded forfeiture of $349.00 per month for 1 months, restriction and 
extra duties for 8 days. Forfeiture of pay and restriction suspended for 6 months.  Not appealed.

951212:	Counseled for deficiencies in performance and conduct [specifically in regards to the incident which occurred on 951116 by failing to obtain proper permission/clearance before driving/proceeding with a motor vehicle to the pit area of Inchon Range].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

Undated:	Applicant requested administrative separation in lieu of trial by Court Martial and reduction to rank of E-3 due to approval of his request for discharge in lieu of Court-Marital

960122:	Applicant acknowledged on Administrative Remarks page that he was not recommended for reenlistment because of trial by court-martial.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960125 under other than honorable conditions in lieu of trial by court-martial (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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 (D and E).

The applicant’s issue states:  “The following are issues that I am requesting to have reviewed, during my hearing.
•	*Other Than Honorable Discharge
•	*Letter of Request for Reduction in Rank to E-3
•	*RE 4 Code.”

The Board reviewed the applicant’s service record found no impropriety or inequity in the discharge.  The Other Than Honorable discharge accurately characterizes the applicant’s service.  The record shows the applicant accepted an Other Than Honorable discharge in order to escape a trial by Court Martial.  Relief is not warranted.

The Board found the applicant’s “Letter of Request for Reduction in Rank to E-3”  a non decisional issue.  Relief is not warranted.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces.  The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps.  Reenlistment policy is promulgated by the Commandant, United States Marine Corps, Headquarters USMC (CODE-MMEA),  3280 Russell Road,  Quantico, VA 22134.  Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment.  A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  Relief, is therefore, denied.

The NDRB is authorized to consider post-service factors in the re characterization of a discharge.  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 the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  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.  The Board noted the applicant failed to provide substantial documentation demonstrating his financial responsibility.  Relief is not warranted.

The applicant 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 recommended

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6419, SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 
18 Aug 95 until present.

B.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 123a, Making, drawing, or uttering check, draft, or order without sufficient funds.

C.  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.  

D.  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.

E.  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