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

 ex-Pvt, USMC
Docket No. MD99-01245

Applicant’s Request

The application for discharge review, received 990923, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  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 000525.  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. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. 

Documentation

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

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive:  USMCR(J)		960329 - 960730	COG

Period of Service Under Review:

Date of Enlistment:  960731		Date of Discharge:  980310

Length of Service (years, months, days):

	Active:    01  07  10
	Inactive:  None

Age at Entry:  20			Years Contracted:  4

Education Level:  12			AFQT:  43

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.6 (5)			Conduct:  3.5 (5)

Military Decorations:  None

Unit/Campaign/Service Awards:  MM 

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:

970527:	NJP for violation of UCMJ, Article 86:
Specification: Unauthorized absence from appointed place of duty, to wit: Formation for Machine Gun Shoot on 0530, 20May97.
Awarded forfeiture of $235.00 per month for 1 month, restriction and extra duties for 14 days.  Not appealed.

970528:	Counseled for deficiencies in performance and conduct.  [Misconduct due to you violation of Article 86, UCMJ, specifically unauthorized absence.  Resulting in Btry NJP held on 970527.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970813:	NJP for violation of UCMJ, Article 92:
Specification: Violated the liberty risk program by being out in town after liberty was secured at 2200 at 0230, 9Aug97.
Awarded forfeiture of $244.00 per month for 1 month, restriction and extra duties for 14 days.  Not appealed.

971009:	Counseled for deficiencies in performance and conduct.  [Violation Article 92 of the UCMJ which resulted in your NJP.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

971022:	NJP for violation of UCMJ, Article 86 (3 specs):
Specification 1 and 2: Failed to check in with duty per the requirements of the liberty risk program on 2200, 20 and 22 Sep97
Specification 3: Unauthorized absence on 10Oct97, to wit: change of command ceremony.
Awarded forfeiture of $450.00 per month for 2 months, restriction and 
extra duties for 45 days, reduction to Pvt.  Not appealed.

971103:	Counseled for deficiencies in performance and conduct.  [Recent unauthorized absence of 42 minutes from BN Restriction check-in and the three NJP's, two of which for violation of Article 86, you have received in the short time you have been in the Marine Corps.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

971105:	NJP for violation of UCMJ, Article 86:
Specification: Unauthorized absence at the prescribed time for restriction sign-in, did not muster until 1530.
Awarded forfeiture of $450.00 per month for 2 months, restriction and extra duties for 45 days.  Not appealed.

971201:	Counseled for deficiencies in performance and conduct.  [Violation of Article 86.  Which resulted in my recent NJP on 5Nov97.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

971201:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

971204:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

980106:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to minor disciplinary infractions, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

980206:	NJP for violation of UCMJ, Article 86:
Specification: Absent from HQ Btry formation on 1300, 26Jan98 until 2100, 27Jan98 (1 day).
Awarded forfeiture of $216.00 per month for 1 month, restriction and extra duties for 14 days.  Not appealed.

980206:	Counseled for deficiencies in performance and conduct.  [Absent from HQ Btry formation from 1300, 26Jan98 until 2100, 27Jan98.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980206:	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 repeated incidents of misconduct. 

980213:	SJA review determined the case sufficient in law and fact.

980219:	GCMCA [CG, 3d Marine Division] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

980306:	NJP for violation of UCMJ, Article 91:
Specification: Treat with disrespectful language/deportment Sgt, by saying, "I don't have to take this anymore", when he was instructed to shave by Sgt.
Awarded forfeiture of $216.00 per month for 1 month, restriction and extra duties for 14 days.  Not appealed.

980306:	Counseled for deficiencies in performance and conduct.  [Treat Sgt with disrespectful language/deportment, by saying "I don't have to take this anymore", when he was instructed to shave by Sgt.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980310 under other than honorable conditions for misconduct due to minor disciplinary infractions (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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).

The applicant introduced no decisional issues for consideration by the Board.

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 95until Present. 

B.  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.  

C.  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.

D.  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