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

  ex-PFC, USMC
Docket No. MD02-01315

Applicant’s Request

The application for discharge review, received 020911, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions.  The Applicant requested a documentary record discharge review.  The Applicant did not designate a representative on the DD Form 293.

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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  Dear Sir or Madam:

     My name is D_ C. M_ and I’m writing you today to request an upgrade of my discharge.  While in the Marine Corps I made some stupid mistakes that even today I’m ashamed of.  I am now and did then take full responsibility for my actions and if I were given the opportunity to take back what I did I would.   I know this sounds like an excuse that you’ve probably heard before and by no means am I making excuses, I wanted to give you a little back round on how my personal life had worked it’s way into my carrier.  I was young and just gotten married to a girl who was pregnant with someone else’s child; I thought I was in love and I wanted to take care of her and her baby; like allot of young people I knew it all and no one could tell me otherwise.  So we got married and started having financial problems immediately and they continued ever after the divorce.

     Since then, I was employed at Pep Boys Inc., were I worked my way from counter person to Retail and Commercial Sales Manager in just two years.  I left Pep Boys for a carrier that I could utilize more of my Marine Corps training and to teach delinquent youth that there are other ways then the path they are currently on.  I am currently employed with the Florida Department of Juvenile Justice as a Juvenile Corrections Officer, and have been recommended by my Superintendent to become part of an elite team called the Specialized Operational Response Team.  This team would in fact travel to state and respond to riots, disturbance etc.  I’m currently attending college at Central Florida Community College and will later transfer to the University of Florida to complete my degree in Physical Education with a minor in Physical therapy.
 I’m writing all of this not just in hopes of an upgrade, but also to let the Marine Corps know that they have changed my life forever and even though I was young and stupid then, I grow up to be a good, hardworking, productive member of society, and if given the opportunity to serve again I’d stay 20.  Please give me the opportunity to even further prove myself.   Thank you,  Signed D_ C. M_ (Applicant)

Documentation

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

Applicant’s PHASE I: Facility Certification Training Program/January 2000 (4 pages)
Applicant’s Dept of Juvenile Justice Certification and Probation Program PHASE I – Daily Observation Report (3 pages)
Applicant’s Dept of Juvenile Justice Certification and Probation Program PHASE III – Monthly Observation Report (8 pages)
Applicant’s Dept of Juvenile Justice Certification and Probation Program PHASE III – Daily Observation Report (6 pages)
Certificate of Compliance, Juvenile Detention Officer Certification Program (The Juvenile Justice Standards and Training Commission) dtd 04/20/01
Certificate of Training, Admission/Release Wizard Training, dtd Oct 12, 2001
Test Results for Use of Force written exam on Feb 16, 2001
Test Results for Protective Action Response written exam on Feb 15, 2002
Interoffice Memo Certification of Juvenile Detention Office and placement on 12-month probation dtd Apr 18, 2001

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		910726 - 920705	COG

Period of Service Under Review:

Date of Enlistment:  920706		Date of Discharge:  951201

Length of Service (years, months, days):

	Active:    03  04  26
	Inactive:  None

Age at Entry:  19			Years Contracted:  6

Education Level:  12			AFQT:  67

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (12)		Conduct:  4.1 (12)

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Expert Badge, SSDR, Pistol Expert Badge, CoC, NDSM

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  MARCORSEPMAN Par. 6210.3.

Chronological Listing of Significant Service Events:

930208:	Counseled for deficiencies in performance and conduct [involvement in an alcohol-related incident, specifically, under age drinking that occurred on 6 Feb 93 in Oxford, AL].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930517:	Counseled for deficiencies in performance and conduct [uttering checks without sufficient funds].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

931101:	Counseled for deficiencies in performance and conduct [trend of poor judgment, unsat military appearance in uniform, financial irresponsibility and the failing of 3 squadron field-day inspections].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

931103:	NJP for violation of UCMJ, Article 92 (3 specs):
Specification 1:  Derelict in the performance of duty by sleeping on Post as the Tower Sentry on or about 0500, 930831.
Specification 2:  Derelict in the performance of duty by sleeping on Post as the Tower Sentry on or about 0300, 930901.
Specification 3:  Derelict in the performance of duty by sleeping on Post as Tower Sentry on or about 0214, 930929.
Awarded reduction to E-2, restriction  for 60 days.  Not appealed.

931202:	Counseled for deficiencies in performance and conduct [Pg 11 entry on 930517 for uttering checks w/o sufficient funds; Pg 11 entry on 931101 for unsat military appearance, financial irresponsibility, and the failing of 3 field-day inspections, NJP on 931103 for violation of Art 92, UCMJ].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950927:	NJP for violation of UCMJ, Article 86:  Did absent yourself without authority by securing from duty at 1000, 950727 and did not return until 0730, 950728; violation of UCMJ, Article 107: Did on or before, 950603, knowingly, willingly, and with intent to deceive, make a false official statement that your leave address would be in Kansas vice Aviono, Italy; violation of UCMJ, Article 121:  Did between 950313 and 950829, falsely obtain the telephone services of S_ R_ by using her AT&T Calling Card to make unauthorized telephone calls totaling $941.45; violation of UCMJ, Article 123a:  Did on or about 950822 utter a worthless check with insufficient funds in the amount of $19.78 to Shell Gas Station; violation of UCMJ, Article 134:  Did on or about 950831, fail to pay just debt in the amount of $213.00 to AAFES for the DPP and UCDPP Programs.
Awarded reduction in paygrade to E-2, restriction and extra duties for 30 days.  Not appealed.

951024:	Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct as evidenced by discreditable involvement with authorities during this enlistment as evident by two non-judicial punishments for dishonorable failure to pay just debts, two statements of supervisors, and other adverse entries contained on page 11 of  the service record book.

951024:	Applicant advised of his rights and having elected not to consult 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.

951101:	Commanding Officer recommended discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct.

951120:	SJA review determined the case sufficient in law and fact.

951120:	GCMCA [Commander, MCAB, Eastern Area, Cherry Point, NC] directed the Applicant's discharge under honorable conditions (general) 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 951201 under honorable conditions (general) 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 Applicant’s discharge characterization accurately reflects his service to his country.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his 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.  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.  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.  Evidence of continuing educational pursuits, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that should have been provided to receive consideration for relief, based on post-service conduct.  The Applicant’s evidence of post-service conduct was found not to mitigate the offenses for which he was discharged.  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 18 Aug 95 until 30 Jan 97. 

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, unauthorized absence; Article 92, disobey a lawful order; Article 121, larceny; Article 123a, worthless checks; and Article 134, failure to pay just debts.

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