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

 ex-Pvt, USMC
Docket No. MD01-01001

Applicant’s Request

The application for discharge review, received 010727, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions.  The applicant requested a personal appearance hearing before the board in the Washington National Capital Region.  The applicant listed the Disabled American Veterans as the representative on the DD Form 293.  In the acknowledgement letter to the applicant, the applicant 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 020215.  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.  At the time of my problems in the Marines, I now consider myself to have been immature and have come to regret my actions.  I understand now that I let myself and everyone else down by my mistakes.  Having a female in my room after knowingly not allowed broke rules.  What made my situation worse I feel is that the Cpl that busted me was in a relationship with her.  After that I just had problems with him.  My last incident in Camp Pendleton is inexcusable.  Why it happened, I can not say.  By receiving two meritorious masts, letters of appreciation, and filling the billet of NOIC, I feel I was an asset that needed a few problems fixed.  Since being discharged, I have grown more responsible and even help my community with events.

2.  After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to note the request of the appellant of an upgrade of his Under Other Than Honorable Conditions discharge, to that of General Under Honorable conditions or Honorable.

The records reflect the FSM served in the United States Marine Corp. until his discharge on January 15, 1994.  A review shows that most of the time spent is good service with several commendations available for the Board's review.

In light of the FSM's request we ask that in the course of the discharge review, if it is determined that the policies and procedures under which that applicant was discharged differ in material respects from policies and procedures currently applicable on a service wide basis to discharges of the type under consideration that full consideration be given to a change of the current discharge on the basis of equity in accordance with SECNAVINST regulations.

We ask for the Boards careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision.  These issues do not supersede any issues previously submitted by the applicant.  Respectfully,

Documentation

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

Letter from Brigadier General dated November 9, 1991
Copy of meritorious mast dated October 8, 1993
Character reference dated June 15, 2001
Character reference

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		900711 - 901225	COG

Period of Service Under Review:

Date of Enlistment:  901226		Date of Discharge:  940114

Length of Service (years, months, days):

	Active:    03  00  19
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  63

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.1 (10)		Conduct:  3.8 (10)

Military Decorations:  Sharpshooter Rifle Badge

Unit/Campaign/Service Awards:  NDSM, SSDR

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:

920210:	NJP for violation of UCMJ, Article 92:
Specification: Violated MCO P1020.34 by wearing a earring in his left ear while on liberty on 2330, 25Jan92.
Awarded forfeiture of $457.00 per month for 1 month.  Forfeiture of $228.00 pay per mo for 1 month suspended for 6 months.  Not appealed.

920229:	Vacate suspended reduction awarded at CO's NJP 920210.

920229:	NJP for violation of UCMJ, Article 86 (2 specs):
Specification 1: Absent from appointed place of duty on 0700-1015, 19Feb92, to wit.
Specification 2: Absent from appointed place of duty on 1800, 19Feb92.
Violation of UCMJ, Article 107:
Specification: Make a false statement to 1st LT, SSgt and Sgt on 1015, 19Feb92, to wit: that he was at Lester Hospital and then went to BAS at Camp Courtney.
Awarded restriction for 45 days, reduction to PFC.  Not appealed.

920817:	NJP for violation of UCMJ, Article 92 (2 specs):
Specification: Violated Camp Order P1100.8 by having an unauthorized female in his BEQ room after 2200 on 2400, 6Aug92.
Specification 2: Violated Company Order 1601.1P by failing to log in his guest with the DNCO on 6Aug92.
Violation of UCMJ, Article 86:
Specification: Absent from appointed place of duty on 0530, 11Aug92, to wit: PT formation at barracks 4433.
Awarded forfeiture of $183.00 per month for 1 month, restriction and extra duties for 14 days, reduction to Pvt.  Forfeiture suspended for 6 months.  Not appealed.

920924:	Counseled for deficiencies in performance and conduct.  [Your total disregard for rules and regulations and unsatisfactory attitude; which has resulted in your receiving NJP on 3 occasions within a 6 mos period].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930806:	Counseled for deficiencies in performance and conduct.  [Your total disregard for rules and regulations and unsatisfactory attitude; which has resulted in being in your delinquency status on paying your bills on two occasions within a four month period; you have also been taking advantage of your fellow Marines by using their calling card number without authorization].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930915:	NJP for violation of UCMJ, Article 121 (2 specs):
Specification 1: Wrongfully use LCpl AT&T calling card number to a value of $106.54 on 4Jul93, 5Jul93, 7Jul93, 8Jul93 and 10Jul93.
Specification 2: Wrongfully appropriate 1 computer mini tower hard drive component valued at $1000.00 on 0840, 22Aug93.
Awarded forfeiture of $407.00 per month for 2 months, restriction and extra duties for 45 days.  Not appealed.

930923:	NJP for violation of UCMJ, Article 92:
Specification: Violate BEQ regulations because he was found with M-16 rounds in his room.
Violation of UCMJ, Article 107 (2 specs):
Specification 1: Make a false official statement by telling the CoCmdr when asked if he had any ammunition words to wit: "No he had none" on 16Sep93.
Specification 2: Make a false official statement to the Co 1stSgt when asked if he had any ammunition in his BEQ room he said words to wit: "No he had none" on 16Sep93.
Awarded forfeiture of $190.00 per month for 1 month, restriction and extra duties for 14 days.  Forfeiture suspended for 2 months.  Not appealed.

931103:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions and pattern of misconduct.

931104:	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

931108:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions and pattern of misconduct.  The factual basis for this recommendation was your five nonjudicial punishments.  

931129:	Applicant waived right to administrative discharge board.

931216:	SJA review determined the case sufficient in law and fact.

931217:	GCMCA [Commanding General, 1st Marine Division (Rein), FMF] 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 940114 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 that the applicant’s age, education level, and test scores qualified him for enlistment.  While he may feel that his immaturity was a factor that contributed to his actions, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service.  The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

Issue 2.  A characterization of service of under other than honorable conditions is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The applicant’s service was marred by award of nonjudicial punishment (NJP) for offenses triable by court-martial on five occasions and adverse counseling entries on other occasions.  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 naval service, and falls short of that required for an honorable characterization of service.  The discharge was proper and equitable. An upgrade would be inappropriate.  Relief denied.

The applicant is reminded that he remains 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.  Legal representation at a personal appearance hearing is highly recommended but not required.  Relief denied.

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.  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, absent from place of duty; Article 92, failure to obey a lawful general order; Article 107, false official statement; Article 121, larceny.

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