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

  ex-Pvt, USMC
Docket No. MD03-01460

Applicant’s Request

The application for discharge review was received on 20030905.  The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions.  The Applicant requests a documentary record review.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040608.  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 of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “I am asking for a review of my discharge characterization to be upgraded from Under Other Than Honorable Conditions to General Under Honorable Conditions.  When I joined the United States Marine Corps I was looking for the opportunity to be challege and to serve my country honorably in a team full of spirit d corps.  Along the way, I made mistakes which I could have corrected at the time but failed to use sound judgement to prevent future occurences.

Since separating from the USMC, have realized the positive inpact and the opportunity that I was provided. I wish that the incidents that have lead to this request had never happen and perhaps today I would be serving next to my fellow marines somewhere in Iraq.  Knowing that I will never have the opportunity to serve again, I ask
for leniency in upgrading my discharge characterization. I am trying to become a model citizen and a positive rople model for other young adults.  However,  with a UOTHC it is most difficult to overcome daily obstacles in the civilian sector.
I currently hold aposition in a local air conditioning and heating service company as an apprentice technician.  I would like to improve my life and become self-sufficient.

Please afford me the opportunity to correct my mistakes and allow me to excel and succeed.  I have learned a hard and costly lesson in life and would like to overcome this huddle.  I will be grateful and indebted forever to the USMC.  I will continue to do my best to exemplify the corps image and whenever possible sell the USMC way of life.

Thank you for the review board’s time, please allow me to improve my future as a civilian member.”

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		990528 - 990628	COG

Period of Service Under Review:

Date of Enlistment:  990629		Date of Discharge:  020125

Length of Service (years, months, days):

	Active:  02  06  27
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  42

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.9 (7)		Conduct:  3.8 (7)

Military Decorations:  None

Unit/Campaign/Service Awards: SSDR, REX (2), PSS

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. 6210.2.

Chronological Listing of Significant Service Events:

000906:	Counseled for deficiencies in performance and conduct.  [Failure to obey rules and regulations on numerous occasions.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000922:	Counseled for deficiencies in performance and conduct.  [Attempted to start a fight with a fellow Marine.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010207:	Counseled for deficiencies in performance and conduct.  [Disrespect to a NCO.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010516:	NJP for violation of UCMJ, Article 91 (2 specs):
Specification 1: Disrespectful to Sgt H_ on 010425 by saying to him “Fuck you.”
Specification 2: Disobeyed order from Sgt H_ to go back to his hole. 
Awarded forfeiture of $283.00 (suspended for 6 monts), restriction and 
extra duties for 14 days.  Not appealed.

010923:	Counseled for deficiencies in performance and conduct.  [Pattern of misconduct.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010923:	NJP for violation of UCMJ, Article 91: Willfully disobeyed order from Cpl A_ on 010907; violation of UCMJ, Article 113: Sleeping on post on 010920.	
Awarded forfeiture of $584 per month for 2 months, restriction and extra duty for 45 days, reduction to PFC.  Not appealed.

011106:	NJP for violation of UCMJ, Article 113: Fell asleep on firewatch on 011002 and 011005.
	Awarded forfeiture of $521 per month for 2 months, restriction and extra duty for 45 days, reduction to Pvt.  Not appealed.

011119:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions as evidenced by a series of documented minor disciplinary infractions.

011119:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

011119:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.  The factual basis for this recommendation was Applicant’s complete disregard of military standards and orders.  

011210:	SJA review determined the case sufficient in law and fact.

020115:	GCMCA [CG, 2d MARDIV] directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020125 under other than honorable conditions for misconduct due to minor disciplinary infractions (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.  A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a Marine.  The Applicant’s service was marred by award of nonjudicial punishment (NJP) on three 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 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.  Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country.  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.  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 Jan 97 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 91, disrespect to a NCO; and Article 113, sleeping on post.

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