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

 ex-LCpl, USMC
Docket No. MD02-01241

Applicant’s Request

The application for discharge review, received 020828, requested that the characterization of service on the discharge be changed to honorable or entry level separation or uncharacterized.  The Applicant requested a personal appearance hearing discharge review before the Board in the Washington National Capital Region or a documentary record discharge review.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter, 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 030722.  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. 6210.6.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  At the time during my article 15 and (in house) I guess it was a court martial within the unit by my commanding officer (G_ C. D_) a major.  I excepted my punishment with honor without arguing or even defending myself.  I knew I was wrong and made a mistake.  I excepted my punishment without question.  I was confused and distrait.  When my papers were sent to be considered for a discharge it had no mention of my prior service records or that I was a veteran, it was incomplete, and mentioned nothing of my achievements and awards.  I was not a good Marine, (I was the best) I know I made a bad decision in my life.  But it wasn’t that bad.  It should not have cost  me my career.  Thank you for you time and consideration.  I was only charged with a misdemeanor, and the judge will clean it off my record.  

Documentation

In addition to the service record (there was NO DISCHARGE PACKAGE AVAILABLE), the following additional documentation, submitted by the Applicant, was considered:

Copy of DD Form 214
Letter of Recommendation for Marine of the Quarter from Sgt J_ N_
Character Reference Letter from Sgt J_ G_, Jr.
Copy of Army Achievement Medal Certificate dated April 24, 1995
Copy of Army Achievement Medal Certificate dated September 4, 1995
Copy of Southwest Asia Service Medal Certificate dated November 1, 1995
Copy of Navy and Marine Corps Achievement Medal Certificate dated July 1, 1997
Copy of Letter of Appreciation dated August 10, 1992
Copy of Certificate of Achievement dated November 1, 1995
Copy of Certificate of Appreciation dated July 31, 1994
Copy of Certificate of Achievement dated January 9, 1995
Copy of Marine of the Quarter Award dated June 27, 1997
Copy of Certificate of Excellence 
Copy of Certificate of Completion (MOS 0311) dated December 13, 1996
Copy of Certificate of Completion (Basic Security Guard Course) dated February 7, 1997
Copy of Certificate of Completion (Coaches School Course, 8531 Range Coach) dated July 25, 1997
Copy of Certificate of Completion (Protective Countermeasure and Surveillance Detection) dated March 12, 1997
Copy of Certificate of Completion (Headstart to German)  16 February – 19 February 1993
Copy of Certificate of Completion (Requisite Course) dated February 19, 1993
Copy of Permanent Order (Military Vehicle Driver Award) dated July 11, 1994
Copy of Certificate of Completion (AAA Driver Improvement Program) dated June 25, 1997
Copy of Certificate of Completion (National Safety Council’s Defensive Driving Course II) dated November 19, 1993
Copy of Certificate of Completion (Unit Supply Specialist Course) dated August 10, 1992
Copy of Certificate of Excellence (PFT) 
Copy of Certificate of Commendation (PFT) dated November 24, 1997
Copy of Certificate of Commendation (PFT) dated May 30, 1997
Copy of Certificate of Completion (National Safety Council’s Defensive Driving Course II) dated November 19, 1993
Copy of Certificate of Completion (Field Sanitation Certification Course) dated 14-16 April 1993
Copy of Certificate of Completion (Unit Supply Specialist Course) dated August 10, 1992
Copy of Certificate of Completion (Fundamentals of Marine Corps Leadership) dated May 16, 1997
Copy of Certificate of Completion (Personal Finance) dated April 11, 1997
Copy of Certificate of Completion (Infantry Squad Leader, Land Navigator) dated July 10, 1997
Copy of Certificate of Completion (Operations Against Guerrilla Units) dated October 22, 1997
Copy of Certificate of Completion (Infantry Patrolling) dated June 24, 1997  
Copy of Certificate of Training (Bomb Search Techniques) dated March 11, 1997    

PART II - SUMMARY OF SERVICE

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

Active:   USAR		930119 - 960118	HON
Active:	   USAR		00 04 09 * 
Inactive: USAR		00 01 04 * (Total time served reflected on DD214 issued 930119) 

Period of Service Under Review:

Date of Enlistment:  960702		Date of Discharge:  980519

Length of Service (years, months, days):

	Active:    01  10  17
	Inactive:  None

Age at Entry:  23			Years Contracted:  4 

Education Level:  12			AFQT:  44

Highest Rank:  Cpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (7)			Conduct:  3.8 (7)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, NAM, AAM, NMCOSR

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. 6210.6.

Chronological Listing of Significant Service Events:

971104:	Counseled for deficiencies in performance and conduct.  [Concerning the proper procedures on inviting guests/visitors into the barracks/BEQ.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980121:	NJP for violation of UCMJ, Article 134: Did on or about 971210, burn his privately owned vehicle with intent to defraud his insurance company for a monetary value.
	Award:  Forfeiture of $615.00 pay per month for 2 months (suspended for 6 months), restriction for 60 days (suspended for 6 months), reduction to E-3.  No indication of appeal in the record.

980123:	Counseled for deficiencies in performance and conduct.  [Failure to adhere to the high moral, ethical values, and rules and regulations of the United States Marine Corps as set forth by the Commandant of the Marine Corps.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

NO DISCHARGE PACKAGE AVAILABLE

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 980519 under other than honorable conditions for misconduct due to the commission of a serious offense (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 Applicant’s violation of Article 134 on 971210 is considered a serious offense since the offense is punishable by a court-martial that could have awarded a dishonorable discharge.  Reference (A) authorizes administrative separation under other than honorable conditions for misconduct due to the commission of a serious offense.  Despite the positive aspects of the Applicant’s 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.

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 inequity must have existed during the period of enlistment in question.  No such error or inequity is evident 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 not warranted.

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.  Representation at a personal appearance hearing is recommended but not required.  

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210, MISCONDUCT of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 31 January 1997 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 134, burning with intent to defraud.

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