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

     ex-PFC, USMC
Docket No. MD03-00150

Applicant’s Request

The application for discharge review, received 20021028, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to convenience of the government.  The Applicant requested 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 he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D.C. area.  Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20030926.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character and narrative reason of the discharge shall not change.  The discharge shall remain: UNDER CONDITIONS OTHER THAN HONORABLE/Separation in lieu of trial by court-martial, authority: MARCORSEPMAN Par. 6419.

ART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  My discharge was based upon the conduct over an 8 month period, during which time I received a knee injury & became addicted to pain-killers & later other narcotics.  I informally spoke with my Btn, Sgt Maj, he stated that it was my problem, & not the Marine Corps, to get fixed.  I was UA on several occasions due to my drug problem.  Eventually I was given the choice of discharge in lieu of court martial.  I was young at the time and didn’t fully appreciate the significance such a discharge would have on my life.  Upon discharge I completed 2 residential drug treatment programs, I was habitat, which is a 2 yrs. Program, the 2nd was Salvation Army which was 6 months & aftercare.  I have been clean since 1989, and I obtained 2 college certifications.  One as a computer repair tech, & the 2nd as an automotive service tech.  I am finding it difficult to obtain loans or a respectable job due to the type of discharge I have.  I pray that you will reconsider the type of discharge that I have, & grant me an upgrade in my discharge status.

Documentation

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

Applicant’s DD Form 214
Applicant’s DD Form 215

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		870310 - 870629	COG

Period of Service Under Review:

Date of Enlistment:  870630			Date of Discharge:  880923

Length of Service (years, months, days):

	Active:    01  02  24
	Inactive:  None

Age at Entry:  17 Parental Consent		Years Contracted:  6

Education Level:  12			AFQT:  53

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  2.8 (5)			Conduct:  2.7 (5)

Military Decorations:  None

Unit/Campaign/Service Awards:  Not available.

Days of Unauthorized Absence:  53

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

UNDER CONDITIONS OTHER THAN HONORABLE/Separation in lieu of trial by court-martial, authority:  MARCORSEPMAN Par. 6419.

Chronological Listing of Significant Service Events:

880324:	NJP for violation of UCMJ, Article 86:
Specification: Unauthorized absence for 0730, 880226 to 2250, 880321 (24 days/surrendered).
Awarded forfeiture of $150.00 per month for 1 months, reduction to PFC.  Suspended for 3 months.  Not appealed.

880505:	NJP for violation of UCMJ, Article 86:
Specification: Unauthorized absence from 0800 to 1200, 880428.
Awarded forfeiture of $100.00 per month for 1 month.  Not appealed.

880523:	Applicant to unauthorized absence from 2001, 880523.

880604:	Applicant in hands of civilian authorities 2359, 880604.

880606:	Applicant from unauthorized absence 1059, 880606 (13 days/apprehended).

880606:	Counseled for deficiencies in performance and conduct.  [Disregard of military rules, regulations, and authorities.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

880608:	Vacate forfeiture and reduction for 6 months.

880912:	NJP for violation of UCMJ, Article 86 (2 specs):
Specification 1: Unauthorized absence from 0801, 880827 to 0900, 880901 (5 days/surrendered).
Specification 2: Unauthorized absence from 0801, 880902 to 0730, 880912 (11 days/surrendered).
Awarded forfeiture of $100.00 per month for 1 month, restriction and extra duties for 14 days.  Restriction and extra duty suspended for 6 months.  Not appealed.

Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19880923 under conditions other than honorable 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).

Issue 1.  The Applicant’s discharge proceedings are not available for review.  The Applicant did not provide sufficient documentation to refute the presumption of regularity in this case.  No other narrative reason is presumed to more clearly describe the circumstances surrounding the Applicant’s processing for administrative separation.  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, to enhance employment opportunities, or for 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 offense for which he was discharged.  Relief not warranted.

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 P1900.16C), Change 2, effective 15 May 84 until 26 Jun 89.

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. 

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