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

 ex-LCpl, USMC
Docket No. MD02-00597

Applicant’s Request

The application for discharge review, received 020326, 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 021217.  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, as submitted

1.  I am asking the review board to change my final discharge to honorable based on the fact that I already received an Honorable discharge on the 17 October 1996.  I re-enlisted in my beloved Corps the very same day for 4 more years.  During my next tour, I got a D.U.I. on base at Camp Lejeune, North Carolina.  I was reduced in grade, but I was allowed to continue to serve the Marines.  The reason why I was discharged was because I got a reckless driving a couple of months later out in town, and my unit started a process when I was serving, I was a non-commissioned officer all the way up until the day I left, a Corporal. If you review my leave and earning statements in my records, you will find that I received Corporal's pay all the way up until my final day in the Corps.  I believe I served Honorably during my entire career and hope the board can see this.  A man or woman doesn't last 7 years in the Marine Corps serving other than honorable.  I hope that the Marines will change my final discharge so I can pursue college.  I put my life on the line every-day for the American people. I still Love and will always respect Marines whether old or young, I still wear my Eagle, Globe, and Anchor proudly.  I just pray the Board will consider my request and grant me an up-grade on my final discharge to Honorable so I may pursue to further my education.  I also received two (2) meritorious masses and a letter of appreciation during my career, also a good conduct medal.  Also received a combat action ribbon. Also my effective date of pay grade is incorrect on line 12H.  I was paid as a Corporal all the way up until my final day in the Corps.  The unit said they could - not discharge me as an N.C.O., so that is why they put Lance-Corporal on my DD-214, if you review my leave and earning statement while I served my final days, I received Corporal's pay all the way up until the final-day.  I also had to give back all my beloved uniforms I earned throughout my entire career.  I served as an N.C.O. for most of my entire career; one does not become an N.C.O. and stay one by serving other than Honorably.  I just pray the board will see this unjust an grant me an Honorable - discharge so I may pursue my education and get my life back in order.  I still have the utmost respect not only for Marines, but also for all personnel who serve in our beloved armed forces.  Thanks for you time in this process.

Documentation

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

Copy of Honorable Discharge Certificate dated October 17, 1996
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Inactive: USMCR(J)		900208 - 900521	COG
	Active:   USMC		900522 - 961017	HON

Period of Service Under Review:

Date of Enlistment:  961018		Date of Discharge:  970514

Length of Service (years, months, days):

	Active:    00  06  27
	Inactive:  None

Age at Entry:  24			Years Contracted:  4

Education Level:  12			AFQT:  44

Highest Rank:  Sgt

Final Enlisted Performance Evaluation Averages:  Enlisted performance reports were available to the Board for review.

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR, SASM with 3 Stars, CAR, KLM, KLM(K), Letter of Appreciation, NUC, MM (2), USCGSOSR, GCM, HSM, MUC, JUA

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:

961018:	Applicant reenlisted for 4 years.

961220:	NJP for violation of UCMJ, Article 92:
Specification: Driving while on base suspension on 2300, 15 Nov 96.
Violation of UCMJ, Article 111:
Specification: Operated a motor vehicle while drunk on 2300, 15 Nov 96.
Awarded restriction and extra duties for 45 days, reduction to Cpl.  Not appealed.

961220:	Counseled for deficiencies in performance and conduct.  [Repeated misconduct which has resulted in adverse administrative/disciplinary action on more than one occasion.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970122:	Applicant evaluated on 3 Jan 97.  Counselor's diagnostic impression:  Alcohol dependence relapse and was confirmed by a medical officer's diagnosis on 14 Jan 97.

970302:	Applicant DUI.  [Extracted from CO's letter dated 6 Mar 97.]

970305:	Counseled for deficiencies in performance and conduct.  [Alcohol related incident and failure to obey and follow orders and regulations.  Applicant given ample opportunities to correct his alcohol related problems and failed to do so.  This counseling was made due to DWI and driving on a revoked license charge on 970302 by civilian authorities.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970306:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

970306:	Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

970306:	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 based on two DWI offenses, as follows, while on base suspension, operated a motor vehicle while drunk, resulting in Bn NJP on 20 Dec 96 and while driver's license was revoked, operated a motor vehicle while subject to an impaired substance, resulting in page 11 entry dated 5 Mar 97. 

970414:	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 recommended discharge under other than honorable conditions.  One member voted the discharge be suspended for 6 months.

970505:	Applicant evaluated for substance abuse and counseled re: failure of treatment/failure to participate.

970506:	SJA review determined the case sufficient in law and fact.

970508:	GCMCA [Commanding General, 2d Marine Division, U.S. Marine Corps Forces, Atlantic] directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

970514:	Applicant reduced to Lance Corporal.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 970514 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.  A previous honorable enlistment is not a sufficient mitigating factor to warrant an upgrade to an under other than honorable characterization of service.  A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a Marine.  The Applicant’s service was marred by award of nonjudicial punishment (NJP) on one occasion and adverse counseling entries on other occasions.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service.  An upgrade would be inappropriate.  It must be noted that most Marines serve honorably and well and therefore earn honorable discharges.  In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due.

The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident during the Applicant’s enlistment.  Additionally, 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 civilian life, subsequent to leaving the service.  Relief not warranted.

Review of record clearly reflects his last rank was corrected to 19970514 by issuance of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge From Active Duty).

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  Representation at a personal appearance hearing is recommended but not required.

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, Article 92, failure to obey a lawful general order; Article 111, drunk driving.

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