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

 ex-Pvt, USMC
Docket No. MD02-01243

Applicant’s Request

The application for discharge review, received 020828, 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 030602.  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.  To whom it may concern;

I am writing this letter in hopes of having my discharge record corrected.  I was discharged from the military on an other than honorable, and would like to have my record changed to an honorable discharge.  I would like to start by explaining my situation from high school until now.  I graduated in May of 1995, 1 joined the Marines and went to boot camp Aug. of 1995.  I was engaged to a girl before I went in and was happy, after boot camp I went through MCT for a month, from there I was stationed in North Carolina.  Everything was going good, I finished my training, shortly after that I went to Japan for one year.  During my time in Japan I went through a rough breakup with my girlfriend, on top of all that my grandmother passed away.  I started drinking with some of my fellow Marines and got myself in trouble for under age drinking.  I was down and a little depressed about things.  I know that is not an excuse for my actions, but at the time it was all I could think about.

When I got discharged on Sept. 1998, a week later I got married and moved to Arkansas.  Shortly after that I had a son.  In Aug. 2000 my wife left with my child and went to Ohio, in Feb. 2002 1 finally got a divorce.  I have my son for four months out of the year and I dearly love it.  I have been working steady for a growing company, I am working on paying off debts acquired during marriage and decided to take charge of my life.

I have got my life on track and decided to go back to school, I have enrolled in college to better myself and get the education needed for a better job.  I know that if I can get my record changed I will have a better looking resume and have a better chance in the job market.

I pray that you can find it in your heart to help me accomplish my goal by changing my record to an honorable discharge.  I know it took me more than the three years to get back on track and approach this, but I believe I am ready to make a better life for my son and myself.

Thank you for the opportunity to bring this matter to your attention and the time and effort you will put into this matter.  Please give me the chance to prove myself and correct the mistakes I had made.

Sincerely,

Documentation

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

DD Form 149
Applicant's DD Form 214 (Member 1)

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		950131 - 950807	COG

Period of Service Under Review:

Date of Enlistment:  950808			Date of Discharge:  980925

Length of Service (years, months, days):

	Active:    03  01  18
	Inactive:  None

Age at Entry:  17 Parental Consent		Years Contracted:  4

Education Level:  12				AFQT:  43

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  NMF*				Conduct:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR, Certificate of Commendation, Certificate of Appreciation

Days of Unauthorized Absence:  None

* No Marks Found in the service record.

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:

970219:	NJP for violation of UCMJ, Article 134:
Specification: Violate MARFORPACO 1700.1a, by consuming alcohol underage on 2045, 970215 at the 24 hour shoppette.
Awarded forfeiture of $244.00 per month for 1 month, restriction and extra duties for 14 days.  Not appealed.

970219:	Counseled for deficiencies in performance and conduct.  [Lack of judgement and failure to follow orders, specifically underage drinking resulting in NJP held on 970219.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980408:	Counseled for deficiencies in performance and conduct.  [Failure to maintain military weight/personnel appearance standards.  Ht.  66”, Wt. 196, Body Fat %: 24, Max Wt: 170.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980709:	NJP for violation of UCMJ, Article 92:
Specification 1: Failure to obey a regulation or an order, drinking underage on 2110, 980702.
Specification 2: Drinking underage on 2210, 980702.
Violation of UCMJ, Article 134:
Specification: Disorderly conduct, drunkenness at Barracks 4201 on 2210, 980702.
Awarded forfeiture of $519.00 per month for 1 month, restriction and extra duties for 30 days, reduction to PFC.  No indication of an appeal found in record.

980803:	NJP for violation of UCMJ, Article 86
Specification: Unauthorized absence from PTP at 0600, 980713.
Violation of UCMJ, Article 92:
Specification: Disobeying ABO 11012.1 by allowing unaccompanied guest and not logging in the BEQ guest log book and disobeying Marine Corps regulations by wearing unauthorized rank insignia on 980731.
Awarded forfeiture of $463.00 per month for 2 months, restriction and extra duties for 45 days, reduction to Pvt.  Not appealed.

980818:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

9808xx:	Applicant advised of 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.  [Date unreadable on statement of awareness.]

980831:	SACC Evaluation: Applicant did not meet the criteria for alcohol abuse or dependence.  Review of records does reveal evidence of irresponsible use, but symptoms do not appear to meet DSM IV criteria for duration.

980903:	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 discreditable involvement with military authorities.  During the current enlistment, Applicant has been the subject of two nonjudicial punishments and four adverse counseling entries as evidenced by the service record. 

980916:	SJA review determined the case sufficient in law and fact.

980916:	GCMCA [Commanding General, 2d Marine Aircraft Wing] 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 980925 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 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 three occasions and adverse counseling entries on other occasions.  While he may feel that depression was a factor that contributed to his actions, the record clearly reflects his 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.

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 occurred 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.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization 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 did not provide any evidence of post-service conduct.  Relief not warranted.

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 86, unauthorized absence; Article 92, failure to obey a lawful general order; Article 134, disorderly conduct.

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