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

 ex-Pvt, USMC
Docket No. MD01-01205

Applicant’s Request

The application for discharge review, received 010920, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020529.  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. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  Dear Sir or Madam:

This is a rebuttal concerning my administrative separation.  I would like to request that the board conduct a record review based solely on my military records and job performance. During these past four years I have realized the magnitude of the mistakes that I have made while I served my tour of duty in the Marine Corps.  I feel that I have grown tremendously over these past four years and that I control my own destiny.
That is why, I would like to take this time to give you a brief synopsis of my background and difficulties I had while I served in the military.  These problems in my personal life had a direct influence on my military bearing, as well as my personal well being.  It is my hope that by shedding light on these subjects that you will have an idea of the disarray that was in my life while I was a Marine.  This is in no way intended to serve as an excuse for my actions.  One very important topic that I learned in the Marine Corps was to be accountable for my actions.  I have already acknowledged that I jeopardized not only my rank but my career.  Your understanding of these problems in my life and their affect on my judgment is most appreciated. My grandmother was key in keeping my family together as a single unit, until her untimely death.  Since her death, our family has lost some of its solidarity and closeness.  However, I always had have had a good relationship with my parents although we did not have the same point of view on many issues.  They have played a large role in my life, as you could expect from the view of an only child. My parents did not approve of my entering the service, having hoped that I would attend college.  They did understand however, that neither myself no they could afford the cost of a degree.  Entering the service was an alternative to entering the local work force and saving for years to attend college.  The armed forces offered me a better opportunity to prepare for college, and so I enlisted.
Shortly after I entered the service, my parents began having marital problems, primarily due to financial difficulties.  I began to send some of my earnings to assist them and although this did help, the problems still persisted.  This caused me to feel tom between two people that I admire most.  As their problems escalated my stress level continued to increase.  To add to this stressful time my parents told me that they were considering divorce after 24 years of marriage.  All of this devastated me and as the problems grew worse I began to drink more heavily. I know now that drinking was not the answer to my parents' problems, nor mine.  I know what I did was wrong but at the time I did not know how to deal with this stressful time in my life.  I realize now that drinking did not solve any of my problems.  Consequently drinking caused more problems for me on top of what I was already going through at home.  It was at this time that my Gunnery Sergeant E_ sent me to HM H_. HM H_'s first evaluation stated "The patient reported that most of his difficulties began when he reported to Cherry Point from overseas duties." It also states that "Everyone at work seems to be at everyone's throat." Thus, causing additional frustration due to the stressful working conditions.  I also explained to the evaluator that I was a couple of pounds overweight.  This was due to the fact that I was working a second job, which prevented me from working out.  I thought by working a second job it would allow me to send more money to my parents.  Unfortunately, my parents still had to file for bankruptcy.
HM H_ contacted my supervisor, Gunnery Sergeant E_.  He stated that I was an "Excellent worker, but seems to be on edge much of his time." It was also stated that the patient seemed to have rapid mood swings at work. It was in this evaluation that I reported that my mother was an alcoholic and my father had a temper.  Although I had frequent fights with both parents, I told the evaluator that I have a "good" relationship with them.  Subsequently, HM H_ diagnosed me as alcohol dependent. Another influence on my behavior and emotions at this time was the deaths of two of my closest friends.  Both of my friends died violent deaths.  Their deaths had a large influence on many people due to the circumstances surrounding them.  These were guys that I had grown up with, that had been my "buds." We had hoped to live our lives in the same neighborhood, and continue our friendship into the years.  The two people that I shared my thoughts and problems with, the guys that I looked to for support, the friends that have been like brothers to me, both killed.  This was another emotional cross for me to carry.  These guys knew what was going on in my life, the problems with my parents.  They were my support team through all my difficult times. My first friend died in February, and the second while I was attending Level III.  I did not handle either one very well, and as had I began to do with my parents' problems, I handled my grief with alcohol.  The counselors at Level III could not take away the pain, but I felt that alcohol could.  I was wrong.  The pain is still very real and strong.  My actions while at Level III, and my accountability for those actions left me near rock bottom.  It is only after I brought this upon myself, that what I had learned while under Level III treatment had finally sunk in.  I have learned that alcohol is one of my problems. It is my opinion that every problem or incident that has occurred while I was in the service has been the result of my alcohol problem.  My parents did not make me drink, I did.  And it was I who ended up in trouble, I who am responsible for my own actions.  It is I who have a problem that is bigger than I, the problem that I can not fight by myself That is why I have been attending AA meeting and attending church for the past four years.  That is why I refrain from drinking and seek help from my friends in the AA program.  They can relate and understand the problems I am experiencing and how I feel.  They have helped me deal with my life.  They have shown me that drinking is my problem, and my problem to fix.  The program has helped me stay sober for four years and I have also attended anger and stress management classes to try to better myself. Since being out of the Marine Corps, I have taken college courses to obtain a college degree in Physical Education.  Thus far I have coached high school students in football and wrestling to help me reach that dream.  As well as volunteer in our community's pop-warner football team, which is designed to teach young children the basics of the game.  I also hope to educate future generations on the dangers of abusing alcohol.  I also attend church regularly, so that I learn from the ultimate teacher.

I sincerely wish to express my apologies for the actions that I have made.  Not only the actions themselves, but also the situation that they have placed me in have embarrassed me. I would like to do my best to make amends for these actions, and show that I have what it takes to be "One of the Few and the Proud," although I am in no way proud of what I have become or that I have done.  I have learned that I have a problem, and that it is up to me to correct it.  I feel that with the problem under control, that I can handle any obstacle in life without the misleading comfort of intoxication.  Once again my sincere appreciation for your time in reading this letter.  I hope that it will give you a better understanding of my life, as I have directed.  Semper Fi,
Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Fifteen pages from applicant's service record
Copies of applicant's DD Form 214 (Member 1 and 4)
Police record check dated October 30, 2001
Letter from Hudson Valley Community College re admission for Spring 2002
Unofficial copy of college transcript
Character reference dated October 25, 2001
Character reference dated October 27, 2001
Letter from applicant's parents dated October 30, 2001
List of shared time and talent with St. Ambrose
Questionnaire from St. Ambrose Parish
Spindle City Historic Society paper (6 pages)
Name tag from JC Penney with three awards attached
PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		921121 - 930920	COG

Period of Service Under Review:

Date of Enlistment:  930921		Date of Discharge:  970320

Length of Service (years, months, days):

	Active:    03  06  00
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  46

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  NMF			Conduct:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, OSDR

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. 6210.3.

Chronological Listing of Significant Service Events:

960126:	Psychology Evaluation: Diagnosis:  Axis I: Alcohol dependence.  Recommendations: Level III treatment.

960311:	Weight Control Program:  Applicant weight does not meet acceptable Marine Corps standards.  Request medical evaluation.  Present weight is 240 pounds with a body fat percentage at 2.68 percent.  Applicant advised that the loss of 6.16 pounds per month and the total of 37 pounds within a 6 month period is a realistic goal.

960311:	Counseled for deficiencies in performance and conduct.  [Alcohol related incident, specifically, your poor judgment for consuming alcohol to a degree in which it effected your performance of duties.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960314:	Applicant directed to meet the weight reduction goal of 6.16 pounds per month.  Applicant informed that progress failure may result in separation by reason of unsatisfactory progress.

960314:	Weight Control Counseling Sheet: Initial counseling:  Advised of deficiency (not meeting Marine Corps height and weight standards.  First assignment to the program.), notified of corrective actions and assistance available.

960327:	Counseled for deficiencies in performance and conduct.  [Inability to maintain proper weight control standards in accordance with MCO 6100.10A.  You weighed in at 240 on 960111.  Your target is 203 1bs.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960327:	Applicant screened as a Command referral due to reporting to work with alcohol on his breath, and receiving a fitness for duty examination.  A: Alcohol dependence.  P: Level III treatment.  SACC letter forwarded to his command.

960412:	NJP for violation of UCMJ, Article 92:
Specification: Failed to obey a direct order from Corporal to return his weight control package to S-3 after his weight control photos were taken.
Violation of UCMJ, Article 107:
Specification: Made a false official statement by stating: "You never gave it to me"
Violation of UCMJ, Article 121:
Specification: Wrongfully appropriated a weight control package; government property, official records.
Violation of UCMJ, Article 108:
Specification: Destroyed government property, official records, by throwing away a weight control package.
Awarded forfeiture of $450.00 per month for 2 months, correctional custody for 30 days, reduction to PFC.  Not appealed.
960500:	Weight Control Counseling Sheet: Unsatisfactory progress while assigned to the weight control program.

960825:	Weight Control Counseling Sheet: Unsatisfactory progress while assigned to the weight control program.  Level III.

960925:	Weight Control Counseling Sheet: Unsatisfactory performance.

960919:	NJP for violation of UCMJ, Article 86:
Specification: Absent from place of duty on 1430, 14Aug96 until 1227, 15Aug96.
Violation of UCMJ, Article 92:
Specification: Failed to obey a lawful order issued by HN on 1800, 14Aug96, to wit: to get rid of a container containing alcohol.
Violation of UCMJ, Article 128:
Specification: Assault PO2, by striking him in the facial area with his fist on 2345, 10Jul96.
Awarded restriction for 60 days, reduction to Pvt.  Not appealed.

961003:	Applicant reexamined and found to be overweight and not due to a pathological disorder.

961104:	Applicant dropped from SACC's aftercare program for non-participation.  Recommend applicant be processed for discharge as a Level III aftercare treatment failure.

961104:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and weight control failure.

961104:	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

961121:	Weight Control Counseling Sheet: Unsatisfactory progress while assigned to the weight control program.

961210:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to a pattern of misconduct, that the misconduct warranted separation, and by a vote of 3 to 2 recommended discharge under other than honorable conditions.

961105:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and weight control failure.  The factual basis for this recommendation was your discreditable service, as evidenced by your two nonjudicial punishments and other adverse entries on pages 11 and 12 of your service record and your failure to maintain Marine Corps height/weight standards.

970306:	SJA review determined the case sufficient in law and fact.

970306:	GCMCA Commanding General, Marine Corps Air Station, Cherry Point, 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 970320 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).

The applicant’s issue was a letter that rebutted his administrative separation and requested a review based solely on his military records and job performance.  Additionally, the applicant described the personal stress from family and friends he had at the time of discharge.  The applicant provided post service documentation pertaining to his employment, police records, educational pursuits, and character references.

The NDRB reviewed the applicant’s service record and found that based on the merits of the applicant’s service, the discharge – Other Than Honorable – was equitably assigned.  The record shows the applicant was found guilty at NJP on two separate occasions of violations of serious offenses, which could result in a punitive discharge at court martial.  The record further shows the applicant had an alcohol problem and, despite an attempt by the applicant’s command to provide rehabilitation treatment, the applicant was discharged from Level III Treatment for failure to participate.  Relief based on this issue is not warranted.

The applicant’s letter also discussed personal factors surrounding his discharge.  While the applicant’s personal problems were unfortunate, the Board determined there was insufficient evidence to show that the applicant tried to use his chain of command to resolve his personal issues.  He was justifiably held accountable for his actions.  The discharge was proper and equitable.  Relief is not warranted.

The NDRB is authorized to consider post-service factors in the re characterization of a discharge.  There is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  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, may be considered by the NDRB.  The applicant failed to provide sufficient documentary evidence to demonstrate he is a person of good character and conduct and that he is no longer an alcohol abuser.  Relief is not warranted.

The applicant is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is recommended. 

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210, MISCONDUCT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 31 Jan 97 until Present. 

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, Articles 92, 107, and 128.

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 “afls10.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