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

ex-Pvt, USMC
Docket No. MD00-00115

Applicant’s Request

The application for discharge review, received 991027, 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 000720.  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-Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. TO WHOM IT MAY CONCERN:

Request my military discharge be upgraded from Under Other Than Honorable Conditions to General Under Honorable.  I have made some mistakes in the past and I am in the process of turning my life around.  Nine years later I am still living with the regrets of getting an Other Than Honorable discharge.  I do believe that the discharge was somewhat excessive for the offenses.

The first experience I had with the military was joining the Army National Guard.  After army boot camp being very motivated and wanted more out of the military so I made the choice to enlist full time.  At the time, I entered the Marine Corps.  I already knew what was expected of me.  I was dedicated and hardworking.  I finished boot camp and Infantry Training School.  My record show I was awarded a Good Conduct Medal, a Lance Corporal Team Leader and received average proficiency and conduct ratings, which indicated that I was a very capable Marine.  But there was a deterioration of morale, loyalty, and motivation in the final period due to situations and incidents with my conduct.

During the time of my enlistment in the Marines I had my first experience with alcohol, which was part of the problem concerning in my conduct.  I was doing fine the first 2 years and 11 months and then it seemed a downward spiral from there.  Under a new command I was denied leave when a member of my immediate family had a serious medical emergency.  I became disillusioned with the Marines and I didn't address t issues of what I was feeling at the time.  While influenced by not the best of my peers, I started having a very negative attitude and made some immature decisions.

In addition, my drinking increased and made me very agitated and depressed.  I lost my main objective to serve the Corps because I began to focus on my superior's inability to provide the necessary assistance I needed to resolve my personal and career issues.  I developed a dependence on alcohol and could not control my emotional and immature demeanor.  So I behaved without any clear thinking or rationale of the consequences I soon would face.  I was immature and made some poor decisions.

Since my discharge from the Marines, I have attended outpatient alcohol rehabilitation programs.  I have been sober and clear thinking since my separation from the marines.  I am now, however, a state licensed EMT with the Whitestone Community Ambulance Service.  I volunteer my services at the community hospital assisting in the emergency room several times a week.  In addition, I am furthering my education in order to better service my community and my country.

In light of this, request a positive decision and an upgrade be granted.
Sincerely,

Documentation

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

Copy of DD Form 214 (Member 1 and 4)
Character reference dated September 19, 1999
Character reference dated September 17, 1999
Character reference dated September 19, 1999
Character reference dated September 20, 1999
Letter from Queens Hospital Center dated March 5, 1996 with program summary
Copy of DD Form 215
Forty-eight pages from applicant's service record

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		861220 - 861228	COG

Period of Service Under Review:

Date of Enlistment:  861229		Date of Discharge:  901107

Length of Service (years, months, days):

	Active:    03  10  09
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  46

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.9 (10) *		Conduct:  3.9 (10) *

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR with 1 Star

Days of Unauthorized Absence:  None

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

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

Chronological Listing of Significant Service Events:

890531:	Counseled for deficiencies in performance and conduct.  [Lack of initiative and responsibility along with deficiencies in his performance, specifically drinking alcoholic beverages during training at the rifle range; laziness shown by dragging the stock of his M16A2 on the ground without regards to government property.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

890717:	NJP for violation of UCMJ, Article 89:
Specification: Behave himself with disrespect, by making laughing gestures and disrespectful action towards his platoon commander during a formal counseling session on 1430, 10Jul89.
Violation of UCMJ, Article 86:
Specification: Unauthorized absence 0700-1230, 5Jul89 with intent to avoid Battalion formation and Battalion hump.
Awarded forfeiture of $200.00 per month for 1 month, restriction and extra duties for 14 days.  Not appealed.

891007:	NJP for violation of UCMJ, Article 92:
Specification: Failed to obey a lawful order issued by the Company Commander to write a 2000 word essay and turn it into the Co Cmdr on 14Oct89.
Awarded forfeiture of $100.00 per month for 1 month, restriction for 7 days, and extra duties for 14 days.  Not appealed.

900104:	NJP for violation of UCMJ, Article 91:
Specification: Disrespectful toward Sgt, a noncommissioned officer, by calling him a "scumbag".
Awarded forfeiture of $224.00 per month for 1 month, restriction and extra duties for 14 days.  Not appealed.

900104:	Counseled for deficiencies in performance and conduct.  [Frequent involvement with military authorities and three nonjudicial punishments.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

900309:	NJP for violation of UCMJ, Article 91 (2 specs):
Specification 1: Disrespectful to a SNCO by saying "I hear you man." After being instructed on proper procedures to address a senior SNCO.
Specification 2: Disrespect to a SNCO by "rolling eyes and ignoring a senior SNCO" while being counseled on respect of SNCO.
Violation of UCMJ, Article 86:
Specification: Unauthorized absence from Plt. Formation for PT on 0500, 8Mar90.
Violation of UCMJ, Article 92:
Specification: Disobey a direct order by GySgt by going on the 3rd deck to the laundry room on 0730, 8Mar90.
Awarded forfeiture of $405.00 per month for 2 months, restriction for 60 days, reduction to PFC.  Not appealed.

900515:	Counseled for deficiencies in performance and conduct.  [Disrespectful demeanor toward authority and my unmilitary like conduct specifically, derogatory utterances in a disrespectful manner toward authority.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900625:	Applicant evaluated as alcohol dependence.

900629:	Summary Court-Martial.
	Charge I: violation of the UCMJ, Article 86.
	Specification: Absent from unit 0300-0405, 7Jun90.
	Charge II: violation of the UCMJ, Article 134:
	Specification: Incapacitated for the proper performance of his duties on 0405, 7Jun90, as a result of previous overindulgence in intoxicating liquor or drugs.
	Finding: to Charge I and II and the specification thereunder, guilty.
	Sentence:  Forfeiture of $482.00, reduced to Pvt, confinement for 30 days.
	CA action 900706: Sentence approved and ordered executed.

900706:	Applicant to confinement.

900730:	Applicant from confinement.

900906:	NJP for violation of UCMJ, Article 92:
Specification: Operating a motor vehicle while on base revocation on 0355, 3Sep90.
Violation of UCMJ, Article 111:
Specification: Operate a motor vehicle while under the influence of alcohol on 0355, 3Sep90, to wit: PMO issued a DWI (.14% BAC).
Awarded forfeiture of $168.00 per month for 1 month, restriction and extra duties for 14 days.  Forfeiture suspended for 3 months.  Not appealed.

900912:	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 summary court-martial of 29 June 1990, his nonjudicial punishments of 17 July 1989, 7 October 1989, 4 January 1990, 9 March 1990 and 6 September 1990 and his adverse page 11 entries of 31 May 1989, 4 January 1990 and 15 May 1990. 

900912:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

900918:  	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.

901001:	Applicant did not request treatment in conjunction with EAS at VAH nearest my home of record.

901019:	SJA review determined the case sufficient in law and fact.

901105:	GCMCA [Commanding General, 2d Marine Division, FMF, Camp Lejeune, NC] 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 901107 under other than honorable conditions for misconduct due to a pattern of misconduct (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 believes that alcohol was part of the problem with his conduct. The Board found that the summery court-martial and one of his NJP’s were related to alcohol.  However, the remaining four, do not appear to be alcohol related. 
    
The Board was impressed with the efforts he has begun to make in attempting to recoup his reputation which has been sullied by his misconduct in the Marine Corps, (one summery court-marital, 5 NJP’s and 3 adverse page 11 counseling entries).  NDRB experience has shown that applicants with less than ten years sobriety usually have not had sufficient opportunity to demonstrate continuing, positive contributions to society.  Therefore, relief will not be granted at this time.  

The applicant is reminded that he remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at a personal appearance hearing is highly recommended.  The possibility of favorable action in the applicant’s case will increase with the amount of time he maintains an alcohol free lifestyle.  Verifiable documentation of such a lifestyle, is essential. Documentation of community service, evidence of continuing educational pursuits and employment verification is also essential. The applicant is encouraged to continue his community service, remain sober, and apply for a personal appearance hearing.

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210, Misconduct, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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