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

ex-Pvt, USMC
Docket No. MD01-00694

Applicant’s Request

The application for discharge review, received 010419, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance hearing before the board in the Washington National Capital Region discharge review.  The applicant listed a civilian counsel as the representative on the DD Form 293.  The applicant failed to respond by the deadline date to a letter requiring the applicant to notify the Naval Discharge Review Board of intention to be present for the requested personal appearance hearing. Therefore, a documentary review was conducted.  Applicant is not eligible for further review by this Board.

Decision

A documentary discharge review was conducted in Washington, D.C. on 011018.  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 (admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  This serviceman was suffering from PTSD at the time of the behavior that lead to his discharge.  Since his unacceptable behavior was a result of an undiagnosed emotional disorder he should have been given an honorable discharge for medical reasons.

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		810605 - 840702	HON
	Inactive: USMCR(J)		800911 - 810604	COG

Period of Service Under Review:

Date of Enlistment:  840703		Date of Discharge:  860502

Length of Service (years, months, days):

	Active:    01  10  00
	Inactive:  None

Age at Entry:  20			Years Contracted:  4

Education Level:  12			AFQT:  41

Highest Rank:  Cpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.7 (7)			Conduct:  3.4 (7)

Military Decorations:  None

Unit/Campaign/Service Awards:  NUC with 1 Star, SSDR with 1 star, HSM, MCEM, AFEM, CAR, GCM

Days of Unauthorized Absence:  9

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

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

Chronological Listing of Significant Service Events:

840703:	Applicant reenlisted for 4 years.

850129:	NJP for violation of UCMJ, Article 86:
Specification: Unauthorized absence from 0801, 3Jan84 to 1800, 12Jan84 (9 days).
Awarded forfeiture of $200.00 per month for 2 months, restriction and extra duties for 14 days, reduction to LCpl.  Appeal 850131.  Appeal denied 850220.

850129:	Counseled for deficiencies in performance and conduct.  [Your failure to be at your appointed place of duty, to wit: UA/AWOL from H&HS-90 Chow Hall].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

850502:	NJP for violation of UCMJ, Article 128:
Specification: Wrongfully assault PFC, by striking him in the face on 1700, 10Apr85.
Awarded forfeiture of $100.00 per month for 1 month, restriction for 30 days, reduction to PFC.  Appealed 850506.  Appeal denied 860605.

850502:	Counseled for deficiencies in performance and conduct.  [Your failure to conduct yourself as a Marine as evidenced by your striking a junior Marine subject to your orders].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant refused to sign counseling.

860213:	NJP for violation of UCMJ, Article 86:
Specification: Failure to be at your appointed place of duty, to wit: EDF dining facility from 1300-1615, 15Jan86.
Awarded forfeiture of $358.00 per month for 2 months, restriction and extra duties for 60 days, reduction to PFC.  Not appealed.

860213:	Counseled for deficiencies in performance and conduct.  [Your failure to be at your appointed place of duty, sick call for appointment].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

860320:	Counseled for deficiencies in performance and conduct.  [Your failure to make musters on time 0900, 15Mar86 and 0700, 20Mar86].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

860321:	NJP for violation of UCMJ, Article 92 (2 specs):
Specification 1: Disobey a lawful verbal order issued by Sergeant Major not to drive his car while on restriction on 0145, 9Mar86.
Specification 2: Disobey a lawful verbal order issued by Sergeant Major not to drive his care while on restriction on 1300, 20Mar86.
Violation of UCMJ, Article 134:
Specification: Break restriction on 0145, 9Mar86 by not remaining in the limits of the barracks.
Awarded forfeiture of $318.00 per month for 2 months, restriction for 60 days, reduction to Pvt.  Restriction to run consecutively with current restriction order which ends on 860414.  Forfeiture and restriction suspended for 2 months.  Not appealed.

860321:	Counseled for deficiencies in performance and conduct.  [Your failure to obey order, written, and verbal issued by the Sergeant Major and Commanding Officer].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

860325:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

860325:	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.

860327:	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 established pattern of involvement of a discreditable nature with military authorities as evidenced by five nonjudicial punishments.  

860416:	SJA review determined the case sufficient in law and fact.  Applicant's 820302 nonjudicial punishment may not be considered to characterize discharge.  The four nonjudicial punishments in his present enlistment provide sufficient basis for such characterization.

860417:	Commandant of the Marine Corps 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 860502 under other than honorable conditions for misconduct due to a pattern of misconduct (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).

Issue 1.  The Board found no evidence that the applicant suffered from Post Traumatic Stress Disorder.  The applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service.  The applicant’s discharge characterization accurately reflects his service to his country.  The discharge was proper and equitable.  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the applicant’s enlistment.  Additionally, 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. Relief denied.  

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210 MISCONDUCT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C), Change 2, effective 15 Apr 84 until 28 Jul 87.

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 86, failure to be at the appointed place of duty; Article 92, disobey orders; Article 128, assault; Article 134, break restriction.

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 “afls10.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