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

ex-PVT, USMC
Docket No. MD00-01065

Applicant’s Request

The application for discharge review, received 000918, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions or entry level separation or uncharacterized.  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 010309.  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: OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  At this time I wish to receive an upgrade to a favorable discharge so that I may return to the Marines.  On several occasions I was charged with UA (I.E. Being late to formation or to report in) I feel that was a lack of maturity on my part, as well as drinking under age incidents.  I have since matured & have reflected on my poor decision.  Attached you will find a letter addressed to the Board from myself, letter of commendation, a performance rating &, a letter on my behalf for work that I had accomplished.  To speak on my behalf in hopes I will be allowed to return to the Marines.

Documentation

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

Copies of DD Form 214 (2)
Letter from Applicant (2pgs)
Letter of Recommendations (7)
Character Reference Letter
Employment Reference Letter
Copy of Performance Appraisal (4pgs)
Copy of Job Salary Increasement Letter
Letter to National Personnel Record Center (2pgs)

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		940829 - 950710	COG

Period of Service Under Review:

Date of Enlistment:  950711		Date of Discharge:  980501

Length of Service (years, months, days):

	Active:  02  09  21
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  50

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.70 (0)		Conduct:  3.7(0) [EXTRACTED FROM PERSONAL DATA SHEET]

Military Decorations:  None

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

Days of Unauthorized Absence:  None 

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

OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  MARCORSEPMAN Par. 6210.2.

Chronological Listing of Significant Service Events:

960507:	Counseled for deficiencies in performance and conduct.  [Misconduct, for violation of Article 86, failure to go to appointed place of duty] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960507:	NJP for violation of UCMJ, Article 86: Failed to be at his appointed place of duty on 960502.
	Award:  Forfeiture of $229.00 per month for 1month, restriction and extra duty for 14 days.  Not appealed.

960522:	Counseled for deficiencies in performance and conduct.  [Misconduct, for breaking restrictions and being UA on two occasions for sign in while on restricted status] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960617:	Counseled for deficiencies in performance and conduct.  [Alcohol related incident on 960716] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960617:	NJP for violation of UCMJ, Article 86: UA from his appointed place of duty on 960516, violation of UCMJ, Article 134: Broke restrictions which was limited to the C co area on 960518.
	Award:  Forfeiture of $228.00 per month for 1month, restriction and extra duty for 14 days.  Not appealed.

960723:	NJP for violation of UCMJ, Article 92: Consume alcoholic beverage while under the legal drinking age of 21 on 960616, violation of UCMJ Article 92: Stayed out on liberty beyond commanding officers guidance.
	Award:  Forfeiture of $490.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2.  Not appealed.

960831:	Completed BN Level I "Alcohol Aware" Substance Abuse Class.

971211:	Counseled for deficiencies in performance and conduct.  [Continuous minor infractions as evidenced by Co NJP on 960507, Co NJP on 960617, Bn NJP on 960723] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

971216:	SACC Evaluation Report indicates applicant was diagnosed as alcohol dependence.

971217:	NJP for violation of UCMJ, Article 111: Operate a motor vehicle while under the influence of alcohol.
	Award:  Forfeiture of $505.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2.  Not appealed.

971230:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

971230:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

971230:	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 numerous violations of the UCMJ to include unauthorized absence (2 offenses), breaking restrictions, underage drinking, disobeying a lawful order, and driving under the influence. 

980202:	NJP for violation of UCMJ, Article 92: Broke restriction on or about 2015, 980120.
Awarded forfeiture of $463.00 per month for 2 months, restriction and 
extra duties for 45 days, reduction to E-1.  Not appealed.

980203:	Counseled for deficiencies in performance and conduct.  [NJP on 980202] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980406:	Unconditional Waiver of Administrative Discharge Board.

980408:	SJA review determined the case sufficient in law and fact.

980409:	GCMCA [Commander, Marine Corps Base Hawaii] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980501 other than honorable conditions for misconduct due to minor disciplinary infractions (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).

In considering the applicant’s issues the Board found that the applicant’s age, education level, and test scores qualified him for enlistment.  While he may feel that his immaturity was a factor that contributed to his actions, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service.  The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions.  Relief denied.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces.  The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps.  Reenlistment policy is promulgated by the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134.  A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  Relief, on this basis is therefore, denied. 

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, can be considered.  In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships.  In reviewing the applicant’s post service, 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.  Service to the community such as the applicant has performed, when combined with a wholesome personal lifestyle is exactly what the Board considers to be justification for upgrades.  However, NDRB experience has shown that applicants with less than five 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 and drug free lifestyle.  Verifiable documentation of such a lifestyle is essential.  The applicant is strongly encouraged to continue his community service, remain sober, and apply for a personal appearance hearing prior to 1 May, 2013.

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