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

 ex-Pvt, USMC
Docket No. MD99-00990

Applicant’s Request

The application for discharge review, received 990713, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000512.  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: BAD CONDUCT DISCHARGE/As a result of a courts-martial (SPCM) – Other, authority: MARCORSEPMAN Par. 1105.

The NDRB did note an administrative error on the original DD Form 214.  Block 4a, Grade, Rate or Rank, should read: "PVT" vice "PFC" and Block 4b, Pay Grade, should read:  "E-1" vice "E-2".  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  At the time of my discharge, I was very young and immature.  I'm now an automotive repair shop manager with over 10 years of management exp. And wish to change to law enforcement.

2.  I am attempting to obtain a position in law enforcement, some 15 years later and feel that my Bad Conduct discharge would hinder this from happening.

Thank you for your time and attention to this matter.

Documentation

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

Copy of DD Form 214 (2 copies)
Butte Center Individual Achievement/Class Standing dtd 03/03/2000 (2 copies)
Applicant's Resume (2 copies)
Applicant's letter undtd
Applicant's letter to Board undtd
Butte Training Center undtd ltr to Applicant concerning application 
Certificate of Completion (Class A Commercial Drivers License) dtd 24 Sep 98 
International Mobile Air Conditioning Assoc. Certification dtd 06/08/99 (2 copies)
New Ad, Econo Lube N' Tune, showing Applicant with write-up
Certificate of Completion (Parent Education Network) dtd 24 June 1998
Foster Elite School Certificate with Final Grades dtd 24 Sep 98
Enrollment ltr from Butte College (Law Enforcement Academy) dtd Apr 12, 2000
Butte County Sheriff ltr issuing Applicant Concealed Weapons Permit

PART II - SUMMARY OF SERVICE

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

	Active:    None
	Inactive:  USMCR(J)		810415 - 810512	COG

Period of Service Under Review:

Date of Enlistment:  810513		Date of Discharge:  850205

Length of Service (years, months, days):

	Active:    03  08  23 (Does not exclude lost time)
	Inactive:  None

Age at Entry:  17			Years Contracted:  4 

Education Level:  10			AFQT:  34

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.2 (9)		Conduct:  3.9 (9)

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Sharpshooter Badge

Days of Unauthorized Absence:  15

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

BAD CONDUCT DISCHARGE/As a result of a courts-martial (SPCM) - Other, authority:  MARCORSEPMAN Par. 1105.

Chronological Listing of Significant Service Events:

820803:	NJP for violation of UCMJ, Article 86: unauthorized absence on or about 02JUL82 at 0600, and did remain UA until 1230, 17JUL82 
(15 days).
Award:  Forfeiture of $300.00 per month for 1 month.  Not appealed.

821108:	NJP for violation of UCMJ, Article 86: on or about 1915, without authority, go from his appointed place of duty, to wit: H&SCo Field Day.
	Award:  Forfeiture of $100 per month for 1 month.  Not appealed.

821222:	NJP for violation of UCMJ, Article 111: on or about 1200, 821112, on the way back from Wilcox Range, operate a vehicle, to wit: a truck, in a reckless manner by intentionally overstepping the speed limit and causing harm to his passengers; violation of UCMJ Article 91: on or about 1200, 821112, was disrespectful in language toward CPL P_, his superior noncommissioned officer who was in the execution of his office, by saying to him "You can shove it up your ass Motherf........", and "I don't give a f....", or words to that effect.
	Award:  Forfeiture of $100 per month for 1 month, 7 days Correctional Custody (suspended three months).  Not appealed.

830118:	Counseled for deficiencies in performance and conduct (frequent involvement).  Necessary corrective actions explained, sources of assistance provided.

830121:	NJP for violation of UCMJ, Article 91:  at Wilcox Range, on or about 830113, was disrespectful in language toward SGT S_, his superior Noncommissioned Officer, who was then in the execution of his office, by saying to him, "Do I look like a driver" or words to that effect; violation of UCMJ Article 111: on the way to Wilcox Range, on or about 830113, operate a vehicle, to wit:  a truck in a reckless manner by speeding, running a stop sign, making sharp turns at excessive speed.
	Award:  Reduction to E-1, 21 days Correctional Custody.  Not appealed.

830121:	Suspension of NJP imposed and suspended on 821222 for a period of three months vacated and punishment ordered executed.

840110:	NJP for violation of UCMJ, Article 92:  was, on or about 840105, disrespectful to Cpl A_, his superior NonCommissioned Officer who was then in the execution of his office, by saying to him, "You are a f........ asshole", or words to that effect when told he would not be secured until the rec room was finished during field day.
	Award:  Forfeiture of $155 per month for 1 month, extra duty for 14 days.  Not appealed.

840427:	Special Court-Martial.
	Charge I:  violation of the UCMJ, Article 80:  did on or about 840124, attempt to steal one AM/FM radio, one 120 watt power booster, one 9 band equalizer, one cassette deck, and one 40 watt amplifier, of a value in excess of $100.00, the property of SGT R_, USMC.
	Charge II:  violation of the UCMJ, Article 81:  did on or about 840124, conspire with LCpl B_, USMC, to commit an offense under the UCMJ, to wit: larceny of one AM/FM radio, one 120 watt power booster, one 9 band equalizer, one cassette deck, and one 40 watt amplifier, of a value in excess of $100.00, the property of SGT R_, USMC, and in order to effect the object of the conspiracy the said PFC S_, did stand watch while the said LCpl B_ broke the passenger side window and unlawfully enter SGT R_, 1974 Dodge Van.
	Finding: Charge I, guilty.
		  Charge II, guilty.
	Sentence:  To be discharged with a Bad Conduct Discharge, to be confined at hard labor for six months and to forfeiture of $350.00 per month for six months.
	CA 840510:  Only so much of the sentence as provided for forfeiture of $200 per month for six months, discharge with a BCD, and confinement at hard labor for six months is approved and ordered executed.
	SA 840525:  Sentence approved; found correct in law and fact. 

840427:	To confinement at Camp Pendleton Correctional Facility, Sentence of SPCM.

840724:	NMCCMR:  Affirmed findings and sentence.

840920:	COMA:  Petition not received from applicant

841015:	NC&PB denied clemency and restoration.

841026:	From confinement too appellate leave.

850124:	SSPCMO:  Article 71c, UCMJ, having been complied with, Bad Conduct discharge ordered executed.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 850205 with a bad conduct discharge which was the sentence adjudged by a properly constituted special court martial that was determined to be legal and proper, affirmed in the legal chain of review and executed (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 states in his issues that he was young and wants a position in law enforcement.  The Board does not reverse discharges solely for the applicant’s personal gain.  Relief denied   

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 1105, DISCHARGE ADJUDGED BY SENTENCE OF COURTS-MARTIAL, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C), effective 821001 until 890626. 

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.

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 Street SE Rm 309
		Washington, D.C.  20374-5023