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

FOR OFFICIAL USE ONLY

 ex-Pvt, USMC
Docket No. MD05-01125

Applicant’s Request

The application for discharge review was received on 20050622.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions).  The Applicant requests a personal appearance hearing before the Board in the Washington, D.C. Metropolitan area.  The Applicant did not designate a 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 20051216.  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 by reason of misconduct due to the commission of a serious offense.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application.

“I think a change is good because I would like to reenlist in the U.S. Military to proudly serve my country.”

Documentation

Only the service record book and medical record were reviewed.  The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

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

	Inactive:  USMCR (DEP)	20030116 - 20030902	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20030903		Date of Discharge:  20040216

Length of Service (years, months, days):

Active:    00  05  14  (Does not exclude lost time.)
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  23 days

Age at Entry:  18

Years Contracted:  4

Education Level:  11				AFQT:  37

Highest Rank:  Pvt				MOS:  9900

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  NA*				Conduct:  NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  None

*Not Available

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:

031219:	Charges preferred for violation of the Uniform Code of Military Justice (UCMJ) Charge I:  Violation of the Uniform Code of Military Justice, Article 81:
Specification 1: In that Private E_ J. S_ (Applicant), U.S. Marine Corps, Support Battalion, Recruit Training Regiment, Marine Corps Recruit Depot, Parris Island, South Carolina, did, on board Marine Corps Recruit Depot, Parris Island, on or about or between 19 November 2003 and 25 November 2003, conspire with Private First Class R_ L. A_, U.S. Marine Corps to commit an offense under the Uniform Code Military Justice, to wit: larceny of Marine recruits’ ATM cards, of some value, and subsequent larceny of U.S. currency, of a value of about $802, from those bank accounts, the property of Private C_ M. H_, U.S. Marine Corps and Private R_ A. C_, U.S. Marine Corps, and in order to effect the object of the conspiracy the said Private First Class R_ L. A_ did wrongfully use the stolen ATM cards to withdraw the U.S. currency from those bank accounts.
Specification 2: In that Private E_ J. S_ (Applicant), U.S. Marine Corps, Support Battalion, Recruit Training Regiment, Marine Corps Recruit Depot, Parris Island, South Carolina, did, on board Marine Corps Recruit Depot, Parris Island, on or about or between 19 November 2003 and 25 November 2003, conspire with Private P_ C. G_, U.S. Corps to commit an offense under the Uniform code of Military Justice, to wit: larceny of a Marine recruit’s ATM card, of some value, and subsequent larceny of U.S. currency, of a value of about $420, from that bank account, the property of Private W_ P. K_, Marine Corps, and in order to effect the object of the conspiracy the said Private P_ C. G_ did wrongfully use the stolen ATM card to withdraw the U.S. currency from that bank account.
Charge II:  Violation of the Uniform Code of Military Justice, Article 121:
Specification 1: In that Private E_ J. S_ (Applicant), U.S. Marine Corps, Support Battalion, Recruit Training Regiment, Marine Corps Recruit Depot, Parris Island, South Carolina, did, on board Marine Corps Recruit Depot, Parris Island, on or about or between 19 November 2003 and 25 November 2003, steal an ATM card, of a some value, the property of Private C_ M. H_, U.S. Marine Corps.
Specification 2: In that Private E_ J. S_ (Applicant), U.S. Marine Corps, Support Battalion, Recruit Training Regiment, Marine Corps Recruit Depot, Parris Island, South Carolina, did, on board Marine Corps Recruit Depot, Parris Island, on or about or between 19 November 2003 and 25 November 2003, steal U.S. currency, of a value of about $401, the property of Private C_ M. H_, U.S. Marine Corps.
Specification 3: In that Private E_ J. S_ (Applicant), U.S. Marine Corps, Support Battalion, Recruit Training Regiment, Marine Corps Recruit Depot, Parris Island, South Carolina, did, on board Marine Corps Recruit Depot, Parris Island, on or about or between 19 November 2003 and 25 November 2003, steal an ATM card, of some value, the property of Private R_ A. C_, U.S. Marine Corps.
Specification 4: In that Private E_ J. S_ (Applicant), U.S. Marine Corps, Support Battalion Recruit Training Regiment, Marine Corps. Recruit Depot, Pains Island, South Carolina, did, on board Marine Corps Recruit Depot, Parris Island, on or about or between 19 November 2003 and 25 November 2003, steal U.S. currency, of a value of about $40l, the property of Private R_ A. C_, U.S. Marine Corps.
Specification 5: In that Private E_ J. S_ (Applicant), U.S. Marine Corps, Support Battalion, Recruit Training Regiment, Marine Corps Recruit Depot, Parris Island, South Carolina, did, on board Marine Corps Recruit Depot, Parris Island, on or about or between 19 November 2003 and 25 November 2003, steal an ATM card, of some value, the property of Private W_ P. K_, U.S. Marine Corps.
Specification 6: In that Private E_ J. S_ (Applicant), U.S. Marine Corps, Support Battalion, Recruit Training Regiment, Marine Corps Recruit Depot, Parris Island, South Carolina, did, on board Marine Corps Recruit Depot, Parris Island, on or about or between 19 November 2003 and 19 November 2003, steal U.S. currency, of a value of about $420, the property of Private W_ P. K_, U.S. Marine Corps.

040112:	Special court-martial pre-trial agreement.  

040113:	Charges referred to summary court-martial.

040123:	Summary Court Martial:
Charge I:  Violation of the Uniform Code of Military Justice, Article 81:
Specification 1: In that Private E_ J. S_ (Applicant), U.S. Marine Corps, Support Battalion, Recruit Training Regiment, Marine Corps Recruit Depot, Parris Island, South Carolina, did, on board Marine Corps Recruit Depot, Parris Island, on or about or between 19 November 2003 and 25 November 2003, conspire with Private First Class R_ L. A_, U.S. Marine Corps to commit an offense under the Uniform Code Military Justice, to wit: larceny of Marine recruits’ ATM cards, of some value, and subsequent larceny of U.S. currency, of a value of about $802, from those bank accounts, the property of Private C_ M. H_, U.S. Marine Corps and Private R_ A. C_, U.S. Marine Corps, and in order to effect the object of the conspiracy the said Private First Class R_ L. A_ did wrongfully use the stolen ATM cards to withdraw the U.S. currency from those bank accounts.  Plea:  Guilty.  Finding:  Guilty.
Specification 2: In that Private E_ J. S_ (Applicant), U.S. Marine Corps, Support Battalion, Recruit Training Regiment, Marine Corps Recruit Depot, Parris Island, South Carolina, did, on board Marine Corps Recruit Depot, Parris Island, on or about or between 19 November 2003 and 25 November 2003, conspire with Private P_ C. G_, U.S. Corps to commit an offense under the Uniform code of Military Justice, to wit: larceny of a Marine recruit’s ATM card, of some value, and subsequent larceny of U.S. currency, of a value of about $420, from that bank account, the property of Private W_ P. K_, Marine Corps, and in order to effect the object of the conspiracy the said Private P_ C. G_ did wrongfully use the stolen ATM card to withdraw the U.S. currency from that bank account.  Plea:  Guilty.  Finding:  Guilty.
Charge II:  Violation of the Uniform Code of Military Justice, Article 121:
Specification 1: In that Private E_ J. S_ (Applicant), U.S. Marine Corps, Support Battalion, Recruit Training Regiment, Marine Corps Recruit Depot, Parris Island, South Carolina, did, on board Marine Corps Recruit Depot, Parris Island, on or about or between 19 November 2003 and 25 November 2003, steal an ATM card, of a some value, the property of Private C_ M. H_, U.S. Marine Corps.  Plea:  Guilty.  Finding:  Guilty.
Specification 2: In that Private E_ J. S_ (Applicant), U.S. Marine Corps, Support Battalion, Recruit Training Regiment, Marine Corps Recruit Depot, Parris Island, South Carolina, did, on board Marine Corps Recruit Depot, Parris Island, on or about or between 19 November 2003 and 25 November 2003, steal U.S. currency, of a value of about $401, the property of Private C_ M. H_, U.S. Marine Corps.  Plea:  Guilty.  Finding:  Guilty.
Specification 3: In that Private E_ J. S_ (Applicant), U.S. Marine Corps, Support Battalion, Recruit Training Regiment, Marine Corps Recruit Depot, Parris Island, South Carolina, did, on board Marine Corps Recruit Depot, Parris Island, on or about or between 19 November 2003 and 25 November 2003, steal an ATM card, of some value, the property of Private R_ A. C_, U.S. Marine Corps.  Plea:  Guilty.  Finding:  Guilty.
Specification 4: In that Private E_ J. S_ (Applicant), U.S. Marine Corps, Support Battalion Recruit Training Regiment, Marine Corps. Recruit Depot, Pains Island, South Carolina, did, on board Marine Corps Recruit Depot, Parris Island, on or about or between 19 November 2003 and 25 November 2003, steal U.S. currency, of a value of about $40l, the property of Private R_ A. C_, U.S. Marine Corps.  Plea:  Guilty.  Finding:  Guilty.
Specification 5: In that Private E_ J. S_ (Applicant), U.S. Marine Corps, Support Battalion, Recruit Training Regiment, Marine Corps Recruit Depot, Parris Island, South Carolina, did, on board Marine Corps Recruit Depot, Parris Island, on or about or between 19 November 2003 and 25 November 2003, steal an ATM card, of some value, the property of Private W_ P. K_, U.S. Marine Corps.  Plea:  Guilty.  Finding:  Guilty.
Specification 6: In that Private E_ J. S_ (Applicant), U.S. Marine Corps, Support Battalion, Recruit Training Regiment, Marine Corps Recruit Depot, Parris Island, South Carolina, did, on board Marine Corps Recruit Depot, Parris Island, on or about or between 19 November 2003 and 19 November 2003, steal U.S. currency, of a value of about $420, the property of Private W_ P. K_, U.S. Marine Corps.  Plea:  Guilty.  Finding:  Guilty.
	Sentence: Confined for 30 days, forfeiture of $700 per month for 1 month.
	CA.  Not found in service record.

040123:	Applicant to confinement.  [Based on dates on DD Form 214, Block 29.]

040202:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to commission of a serious offense.  

040202:	Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation and to submit a statement.

UNDATED:	Applicant waived administrative discharge board.

040202:	Commanding Officer, Support Battalion, Recruit Training Regiment, Marine Corps Recruit Depot, Parris Island, SC, recommended to Commanding General, Marine Corps Recruit Depot/Eastern Recruiting Region, Parris Island, SC, via Commanding Officer, Recruit Training Regiment, Marine Corps Recruit Depot, Parris Island, SC,  Applicant’s discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense.  The factual basis for this recommendation was Applicant’s pretrial agreement (enclosure 3) and summary court-martial (enclosure 4).  Private S_ (Applicant) was found guilty of conspiracy to steal a total of $1222.00 collectively from Privates C_ M. H_, R_ A. C_, and W_ P. K_, U.S. Marine Corps, by stealing the said name Private’s automatic teller (ATM) cards and subsequently stealing a total of $1222.00.  

040206:	SJA review determined the case sufficient in law and fact.

040206:	GCMCA, Commander, Marine Corps Recruit Depot/Eastern Recruiting Region, Parris Island, SC, directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense.
040215:	Applicant released from confinement.

040216:	Applicant acknowledges receipt of Persona Non-Grata Letter from GCMCA, Commander, Marine Corps Recruit Depot/Eastern Recruiting Region, Parris Island, SC.  Applicant ordered not to return or reenter the Marine Corps Recruit Depot Parris Island, SC after receipt of this letter.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040216 by reason of misconduct due to the commission of a serious offense (A and B) with a service characterization of under other than honorable conditions.  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 (C and D).  

When the service of a member of the U.S. Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable.  An under other than honorable conditions discharge 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 pled guilty at a Special Court-Martial to Violations of UCMJ Article 81 (2 x specs, conspiracy) and Article 121 (6 x specs, larceny).  Violations of UCMJ Articles 81 and 121 are serious offenses and substantiate the narrative reason for discharge.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Marine Corps and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time.  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 01 September 2001 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 121 larceny.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 “http://Boards.law.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:

		Secretary of the Navy 	Council of Review Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023