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

 ex-PVT, USMC
Docket No. MD99-00953

Applicant’s Request

The application for discharge review, received 990708, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge 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 000410.  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: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  During my career as a Marine I made some mistakes.  I was having personal problems in my marriage which caused some problems in my duties.  But I still tried to be the best Marine I could under my circumstances.  I am no longer married, but I do have to start my life over.  O respectfully request you consider changing my discharge of Other Than Honerable to Honerable.

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:   USMC		None
	Inactive: USMCR(J)		930720 - 940110	COG

Period of Service Under Review:

Date of Enlistment:  940111		Date of Discharge:  970815

Length of Service (years, months, days):

	Active:  03  07  02
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  32

Highest Rank:  LCPL

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.8 (10)		Conduct:  3.5 (10)

Military Decorations:  None

Unit/Campaign/Service Awards: NDSM, SSDR, CertCom, Rifle Marksman Badge

Days of Unauthorized Absence:  2 

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  MARCORSEPMAN Par. 6210.3.

Chronological Listing of Significant Service Events:

950310:	NJP for violation of UCMJ, Article 86: On or about 0701 to 0800 10Mar95 was UA from appointed place of duty.
Awarded forfeiture of $232.00 per month for 1 month, restriction and 
extra duties for 14 days.  Forfeiture suspended for 6 months. Not appealed.

951004:	Counseled for deficiencies in personal financial matters, specifically delinquent account notices from DPP, and receiving past due notices from Consumer Adjustment Corps. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

961008:	Counseled for domestic violence, specifically on 960908 arrested by PMO because you and your wife were involved in domestic disturbance at your quarters. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

961104:	NJP for violation of UCMJ, Article 86: UA from 0640 to 1800 961010; violation of UCMJ Article 86: UA from 0630 to 0640, 961001; violation of UCMJ Article 86: UA from 0635 to 0735, 961025.
	Award:  Forfeiture of $200 per month for 2 months, restriction and extra duty for 30 days, reduction to E-2.  Forfeiture of $100 per month for 2 months and 15 days restriction and extra duties suspended for 6 months. Not appealed.

970131:	Counseled for lack of financial responsibilities, specifically you have not been providing support to your spouse. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970609:	NJP for violation of UCMJ, Article 92: At 1600, 970421, failed to obey an order given by Sgt _ ; violation of UCMJ, Article 86: UA from 0600 to 0630, 970421 from PT.  
	Awarded forfeiture of $450 per month for 1 month, restriction for 60 days and reduction to E-1.  Forfeiture, restriction and reduction suspended for 6 months.

970625:	NJP awarded and suspended 970609 hereby vacated and ordered executed. 

970725:	Counseled for 4 violations of Article 86 and 1 violation of Article 92. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970730:	Counseled for following deficiencies, specifically violating Article 86, UCMJ by failing to be at your appointed place of duty.  Advised that being processed for administrative separation.

970731:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by one page 11 entry, two 6105 entries, and three nonjudicial punishments spanning over two years.

970731:  	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.

970731:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.  The factual basis for this recommendation was 1 page 11 entry, two 6105 entries, and three nonjudicial punishments spanning over two years. 
970808:	SJA review determined the case sufficient in law and fact.

970808:	GCMCA, CG, 1st FSSG, directed the applicant's discharge under other than honorable conditions 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 970815 under other than honorable conditions 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).

The applicant introduced no decisional issues for consideration by the Board.
The following is provided for the applicant’s edification.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E).  The applicant must be aware that 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 the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, 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, may be considered by the NDRB.  The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

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 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 [e.g., Article 86, unauthorized absence for more than 30 days].

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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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
		Washington Navy Yard
		720 Kennon St SE Rm 309
		Washington, D.C.  20374-5023