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

 ex-LCpl, USMC
Docket No. MD04-00078

Applicant’s Request

The application for discharge review was received on 20031014.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record review.  The Applicant did not list a representative on his DD Form 293.  In the acknowledgement letter, the Applicant was informed that he was approaching the 15-year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D. C. area.  The Applicant failed to respond and is now no longer eligible for consideration by this board.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040617.  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/Misconduct – Pattern of misconduct (admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “My discharge was inequitable because it was based on one isolated incident in 38 months of service with no other adverse action.  1st office hours making unauthorized phone call (UA) – 2nd office hours THC in urine (unreadable), 30 days CCU for 2nd offense reduction in rank and pay and extra duty.  3rd office hours charged with entering off limits establishment but there was no sign of any kind outside at all and I was thirsty and just needed a drink of water because I felt a little dehydrated and dizzy I know it was posted on base but I am human and forgot.  After second offence Capt M_ my CO called me into his office and said he told me I don’t like you I don’t like the music that you listen (Christian Rock) and I don’t like the friends you spend your time with  I want you out of my Marine Corps and I will do everything I can do to get you out you piece of dirt Filth Son of a Bitch who has no right Being in my Marine Corps and when I tried to ask for permission to speak I was told to shut up and I did not have the right to be free to speak  Capt M_ sent a SSgt to harass me until I said stop and I was written up for disrespect.  The Marine Corps is a place where people can come for help especially if they need it  But how can that be if there is no help to find  I believe in the Marine Corps (The Armed Forces of the United States) and I believe in then now But I do not Believe in them being run (manipulated by Evil.  I am requesting an Honorable discharge upgrade because I was wronged.  How Horrible it is dear (Blessed, Blessed) Naval Council of Personnel Boards for someone to be forced into the dark by his own brothers and not allowed to be the soldier he was promised he could be.  Please my brethren help me obtain what Capt. M_ was not strong enough to give me.  Thank you and may God continue to Bless you this day and Forever more Sincerely (Applicant) P_ C. R_”

Documentation

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

Applicant’s DD Form 214 (Member-4)
Applicant’s DD Form 214 (Member-1)
Applicant’s DD Form 214 (Reverse Stamped Endorsement)
Character Reference (Undated)
Character Reference (Undated)
Character Reference (Undated)
Character Reference (January 30, 2004)
Character Reference (Unsigned & Undated)

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None			HON
	Inactive: USMCR (J)		850910 - 851126	COG

Period of Service Under Review:

Date of Enlistment:  851127		Date of Discharge:  890213

Length of Service (years, months, days):

	Active:    03  02  17
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  40

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.8 (12)			Conduct:  3.9 (12)

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR (w/1 star)

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct (admin discharge board required but waived), authority:  MARCORSEPMAN Par. 6210.3.

Chronological Listing of Significant Service Events:

850905:	Initial enlistment contract documents admission of pre-service marijuana experimentation.  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

860206:	NJP for violation of UCMJ, Article 86:  Absent from appointed place of 
duty.
Awarded forfeiture of $100.00 per month for 1 month.  Not appealed.

870615:	NJP for violation of UCMJ, Article 112a:  Wrongfully used marijuana.
Awd red to PFC (E-2), forf of $369.00 per month for 2 months, 30 days Correctional Custody.  Not appealed.

870730:	Counseled for deficiencies in performance and conduct.  [Wrongful use of marijuana.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

881128:	NJP for violation of UCMJ, Article 86:  Absent from appointed place of 
duty; Article 91:  Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer;  Article 92:  Failure to obey order or regulation;  Article 113:  Sleeping on post.
Awarded forfeiture of $200.00 per month for 1 months, restriction and extra duties for 14 days.  Not appealed.

881129:	Counseled for deficiencies in performance and conduct.  [Frequent infractions of Uniform Code of Military Justice.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. 

881216:	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 an audit of the Applicant’s SRB and certification of all required entries as issued and accurate.

881229:	SJA endorsement concurring with the Commanding Officer. (Discharge package is absent from the record.)

890210:	Counseled for deficiencies in performance and conduct.  [Not eligible and not recommended for reenlistment because of misconduct due to a pattern of misconduct and in-service drug involvement.]  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 19890213 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).

Issue 1:  The Applicant states his discharge “was based on one isolated incident in 38 months of service with no other adverse action.   Even though the civilian world treats some offenses with leniency because they are a first time incident on an otherwise clear record, the military does not view such offenses as minor infractions to maintain proper order and discipline.  The Applicant’s service record is marred by award of nonjudicial punishment (NJP) on three separate occasions for being absent from place of duty, illegal drug use, insubordinate conduct, failure to obey an order, and sleeping on duty, thereby, substantiating the misconduct for which he was separated.  Any one of these violations of the UCMJ could warrant processing for separation, normally under other than honorable conditions.  Regulations limit the Board’s review to a determination of the discharge’s propriety and equity.  In the Applicant’s case, the Board discovered no impropriety or inequity and considers the Applicant’s discharge proper and equitable.   Relief denied. 

The NDRB is authorized to consider outstanding post-service factors in the re-characterization of a discharge, 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.  Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge.  Evidence of continuing educational pursuits, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that should have been provided to receive consideration for relief, based on post-service conduct.  The Applicant’s additional documentation was insufficient to claim post-service conduct in order to mitigate the offenses for which he was discharged. 

 

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210, MISCONDUCT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C), Change 4, effective 29 Jul 87 until 26 Jun 89.

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, Absence without leave; Article 91, Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer; Article 92, Failure to obey order or regulation; Article 112a, Wrongful use, possession, etc., of controlled substances; or Article 113, Misbehavior of sentinel. 

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 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