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

FOR OFFICIAL USE ONLY

 ex-Pvt, USMC
Docket No. MD05-01308

Applicant’s Request

The application for discharge review was received on 20050727.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to entry level separation or uncharacterized.  The Applicant requests 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 20060403.  After a thorough review of the available 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 as a bad conduct discharge by reason of court-marital.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application and/or from an attached document/letter to the Board:

“1) I had less than 180 days of active duty service at the time of my special court martial.

2) Due to a domestic dispute/emergency at home I was under severe stress in training.

3) I approached my battalion commander for assistance and was subject to ridicule without offer of help.

I open this letter with gratitude to the Reviewing Board for its consideration of my request.  I am writing in regards to my actions in hope to better explain a young man of twenty five years old and the mistake he made.  Growing up I was lucky to have a Mother and Grandmother whom raised me to the best they could without a father.  My mother entered the U. S. Army in 1964 graduated from the Women’s Army Corps before its integration into the regular Army.  She has just recently retired in 2000 after thirty plus years of active service.  My father joined the U.  S.  Army in 1965 and served as a medic with the 1/7 Air Calvary in Vietnam from 1966 thru 1967.  He was present for several campaigns Ia Drang Valley, Ahn Khe, Ple Ku, to name a few.  He was awarded The Republic of Vietnam Gallantry Cross, Combat Medic Award, Vietnam Campaign Medal w/ action stars, Germany occupation medal, and several Good Conduct Medals.  My father passed away in 1980 due to service related injuries that at the time where not recognized by the U. S. Government to be existent.  I am speaking of defoliant exposure contracted while in the jungles of Southeast Asia.  I am proud to have his name R_ C_ B_ and that is shared by my oldest daughter R_ C_ B_ whom we named in his memory.  I enlisted with pride into the U.S.  Marine Corps in 1994 as a member of the delayed entry program and chose the MOS of Security Forces in a strong desire to defend my comrades and our great nation in the shadow of the Somalian campaign and Desert Storm.  While in the delayed entry program and three to four weeks before departing to Boot Camp, I then married my girlfriend C_ D. M_ with the intention of securing our relationship and starting a family for our future.  I had a daughter of 4 years old whom C_ assisted in caring for while I was away.  Upon completion of Boot Camp at MCRD San Diego, I returned home for a thirteen day leave before entering The School Of Infantry at USMCB Camp Pendleton CA.  During this time I learned of a conflict between my child’s mother and my current wife that unfortunately resulted in the absence of my daughter in retaliation towards my wife.  I can only express to you the frustration my wife felt and stress she was under without my presence.  To the best of my observation I was able to resolve the dispute and strengthen my relationship by showing support to my wife and former girlfriend whom is the mother of my daughter.  I arrived at the School Of Infantry as ordered on February 15, 1995 and began training a week later with Charlie Company ITB without further incident until the second week of training I telephoned home and was alarmed to hear my wife was doubting her ability to continue the marriage in my absence and not cut out to be a stepmother given the circumstances of my previous relationship involving my daughter.  I was very alarmed at this point and sought out advise from my Company First Sargent W_.  He was very helpful and comforting and issued an out of bounds chit so that I could return home for the coming weekend during my liberty to attend to this ongoing worry I had developed.  Upon arrival of Friday at 16:30 hours I left to return home and did so while the USMC Silent Drill Team was making an appearance on the tarmac in front of the barracks Charlie Company occupied.  The Company Commanding officer had issued an order that all Marines where to attend this presentation before leaving on liberty per his orders.  I had a payed plane ticket for an 18:00 departure and made the reservation per FSGT. W_’s previous issued out of bounds chit which authorized me to leave at 16:30 hours.  Upon hearing the standing order I requested as a obedient Marine conformation from the First Sargent to proceed to the airport as previously authorized but, he had already left for the day so I then sought out the NCO on duty at the time to notify of my departure but he also was not present on the duty deck.  I then proceeded at 16:30 to leave as previously authorized do to the time constraints of the flight home.  I then returned on Sunday night to hear that after leaving the Corporal on duty entered the barracks just post of my departure and classified me UA article 86 due to my absence.  Upon Monday morning I was informed by Corporals N_ and T_ that my leaving would be punished regardless as far as they saw it.  I then approached them with my increasing drama on the home front in hopes to not excuse myself but to seek some help.  This did nothing but make the already bad situation much worse.  I was brought to the Captain for office hours and restricted to barracks and fined one weeks pay and duties.  I completed this punishment and then was assigned to a holding company to be recycled to training upon the next training cycle.  At this point I was not able to focus on anything and I felt that no one in the Marine Corps would help.  Looking back on this now I wonder how many other Marines and or servicemen or women have experienced the same incident and possibly the same outcome?  I then left on liberty with intention of returning to the company that Sunday only to find myself at the airport in San Diego with a head spinning of what to do.  I did not choose wisely and displayed conduct unbecoming a U. S. Marine.  I was apprehended a month later at my inlaws home on a Saturday morning with my daughter and her grandparents present in tears.  I had purchased a plane ticket to return to the base that Sunday and was dealing with the fact that I was too late and could only blame myself I did not try to change my identity or hide my military identification as a Marine.  I was taken to the Camp Pendleton Base Brig where I served ninety days of confinement and was issued an appelate leave upon completion and sent home awaiting service separation.  I would like nothing more than to tell you that it ended happily ever after but, it didn’t.  My marriage did not go so well after all that a lot due to that I was never able to live up to my goals of being a U.  S.  Marine.  I love the Marine Corps and I am proud to have became a U. S. Marine.  In the ten years since my separation I have held management positions in several large retail companies.  I have fathered a beautiful little girl whom is now six years old with my previous wife and now have two beautiful daughters.  I have recently returned to school as a full time student pursuing a degree in criminal justice.  I feel the board can identify the pain the September 11th terrorist attacks brought upon all of the world.  Here for me it was at my families door step in receiving the news that my cousin who also came from Ridgewood N. J. as myself was killed in the attack of the second tower of the World Trade Center buildings.  In the ongoing weeks that passed I can only tell you of the grief my family suffered due to losing C_ and all those whom he perished beside.  I was a U. S. Marine that wanted to deploy so passionately with our men and women to Afghanistan but was filled with regret of a life mistake made that would haunt my very existence in the shadow of these events.
The comradery that is shared by soldiers is such an honor to be a part of words can’t describe.  A sudden storm of tears fill my eyes to see men and women leaving their homes to defend our freedoms.  I hold them all with the highest praise as I do those in law enforcement and homeland defense as well.  I would like to serve my country with a commitment to its people to defend her as well as give my efforts as a community service officer in her homeland defense.  I would like to make the later part of my life in service to my country and community.  I do not seek a fix all to my previous conduct that resulted in my separation from the Marine Corps.  I was young and I take full responsibility for my actions.  I do not appeal to this board to give honor to that which is not.  I appeal to this board to review my statement in hope that its members will decide upon an action of clemency.  I would like carry out the duty For which I swore an oath Protect this great nation and her people from all enemies foreign and domestic upholding the honor and integrity of all those whom serve in her defense.  My fathers name is a proud testament to all those who serve in a uniform and continue to serve.  I can only pray that I will be given the chance to keep my name honorable to.  Thank you for your consideration in my request.
[signed] R_ C B_”

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214
Character reference ltr from Applicant’s mother P_ P. B_, USA, Retired, undtd
Letter from Applicant, dtd August 17, 2005
Arizona Department of Public Safety criminal history letter, dated July 22, 2005
College papers by Applicant (11 pages)
University of Phoenix unofficial grade report and schedule, printed August 17, 2005 (2 pages)
Notices from City of Phoenix regarding hiring eligibility, dtd June 24, 2005, July 5, 2005, July 22, 2005 and August 2, 2005
Teamwork certificate, dtd October 22, 2001
Certificate of Achievement, dtd October 24, 2004
Certificate of completion of Success Through Leadership, dtd April 2, 2003
Certificate of completion of EL101 – Intro to Automotive, dtd October 15, 2002
Certificate of completion of EL201 – Basic Automotive, dtd October 23, 2002
Certificate of completion of EL301 – Intermediate Automotive, dtd October 15, 2002
Document of unknown origin, dtd June 3, 2004
Document entitled “My Personal Goals,” undtd (2 pages)
Document entitled “Strengths and Weaknesses,” undtd (2 pages)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USMCR (DEP)	19940727 - 19941114	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19941115		Date of Discharge:  19960415

Length of Service (years, months, days):

Active:    01  02  03  (excludes lost time)
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  50 days
	Confinement:		  33 days

Age at Entry:  24

Years Contracted:  4

Education Level:  8 GED			AFQT:  55

Highest Rank:  PFC				MOS:  0300

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):  Rifle Expert Badge, National Defense Service Medal

*Not Available

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

BAD CONDUCT DISCHARGE/COURT-MARTIAL, authority:  MARCORSEPMAN Par. 1105.

Chronological Listing of Significant Service Events:

940722:	Pre-service waiver for moral granted.

950310:	Applicant to unauthorized absence at 1630 on 950310.

950312:	Applicant from unauthorized absence at 1900 on 950312.

950324:	NJP for violation of UCMJ, Article 86:  At “C” Co, ITBBn, MCB, CamPen, UA from 1630, 950310 to 1900, 950312.
Violation of UCMJ, Article 92: Violation of written order.  SCOLO 1050.1E, SNM did violate the order by going out of bounds without a pass.
	Award:  Forfeiture of $233 per month for 1 month, restriction and extra duty for 9 days.  Forfeiture suspended for 6 months.  Not appealed.

950324:	Counseling:  Advised of deficiencies in performance and conduct (Placed in an unauthorized absence status by departing the company area without permission on 950310 at 1630 and remained absent until 1900 on 950312.  Further, traveled out of normal liberty limits without a pass.  This action caused Applicant to be the subject of Commanding Officer’s Office Hours on 950323.  This conduct is not in keeping with that expected of a member of this command and will not be tolerated.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950409:	Applicant to unauthorized absence at 1800 on 950409.

950509:	Applicant declared a deserter on 950509 having been an unauthorized absentee since 1800, 950409 from SAC, H&S Bn, SOI, CAMPEN, CA.

950527:	Applicant apprehended by civil authorities on 950527 (1145) and held at Maricopa County Jail, Phoenix, AZ.

950527:	Applicant from unauthorized absence at 1502 on 950527.

950528:	Applicant to confinement.

950629:	Special Court Martial
	Charge I:  violation of the UCMJ, Article 86. Spec, UA fr 9 Apr 95 until aprnd 27 May 95.
	Findings:  to Charge and specification thereunder, guilty.
	Sentence:  Confinement for 6 months, forfeiture of $200 per month for 6 months, reduction to E-1, bad conduct discharge.
	CA 951003:  The sentence is approved and, except for the bad conduct discharge, ordered executed, but the execution of that portion of the sentence adjudging confinement in excess of 60 days is suspended for a period of 12 months from the date the sentence was adjudged, at which time, unless sooner vacated, the suspended confinement will be remitted without further action.

950629:	Applicant from confinement.

950721:	Applicant to voluntary appellate leave.

960103:	NMCCCA:  Affirmed findings and sentence.

960415:	SSPCMO:  Article 71c, UCMJ, having been complied with, Bad Conduct discharge ordered executed.

Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19960415 with a bad conduct discharge which was the sentence adjudged by a properly convened special court-martial.  That sentence was subsequently approved by both the convening and appellate review authorities (A and B).  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the Applicant’s issues were insufficient to merit clemency (C).  The Board presumed regularity in the conduct of governmental affairs (D).

With respect to a discharge adjudged by a court-martial case, the action of the NDRB is restricted to upgrades based on clemency.  Clemency is an act of leniency that reduces the severity of the punishment imposed.  After a thorough review of the Applicant’s record, issues submitted, and post service accomplishments, the Board determined that clemency was not warranted and that the sentence awarded the Applicant at his court-martial was appropriate for the offense he committed.  Relief denied.

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

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 1105, DISCHARGE ADJUDGED BY SENTENCE OF COURT-MARTIAL, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 950818 until 010831.

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 for more than 30 days or Article 92, failure to obey an order regulation.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 205(2), Jurisdictional Limitations Authority for Review of Discharges.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.

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