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

 ex-PVT, USMC 
Docket No. MD03-00644

Applicant’s Request

The application for discharge review was received on 20030227.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record discharge review.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D. C. area.  No respond was received.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040205.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER CONDITIONS OTHER THAN HONORABLE/Separation in lieu of trial by court-martial, authority: MARCORSEPMAN Par. 6419.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“To Whom It May Concern:

I would like to apply for a change in the type of discharge issued to me from the USMC in 1988. I have enclosed a copy of my DD-214 for your reference.

I believe the following information is relevant and material to the above request to change my current discharge status from “other than honorable”.

1.	I was 18 years old at the time of enlistment. I had full intentions to make a career of the military.

2.	I attended 12 years of school prior and was well-liked amongst my teachers and peers. I led an honest, alcohol-free life up until I was sent to Japan. The company I kept at that time had many involvements with alcohol-related situations. My problems progressed from being UA and smelling of alcohol to a DUI while in the Marines.

3.	I received a sea service deployment ribbon as well as a rifle badge for expert while in the military. I have continued education as a gunsmith since being a marksmanship instructor in the Marines. I have also learned a trade as a carpenter and am self-employed.

4.	I am married and have children. I am responsible for myself as well as my family.

I learned later that alcoholism is a disease that needs to be treated through counseling and self-control. I had an alcoholism problem that eventually led to either the choice of a court martial or an “other than honorable discharge”. I jumped on the discharge decision in fear of a court martial. I was not offered any counseling for alcoholism nor do I feel I was clear-headed enough to have chosen the decision I made.

The decision I made then has haunted me for the past 14 years and cost me a career in the military. The stigma of not having an honorable discharge has bothered me tremendously over the years and I would like to have my DD-214 records upgraded. I feel that I served my country and did it well. The only negative marks against me in the service were always alcohol-related.

Please review the above information at your convenience. I look forward to hearing from you. Thank you for your time in this matter.”

Documentation

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

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		860529 - 861015	COG

Period of Service Under Review:

Date of Enlistment:  861016		Date of Discharge:  881118

Length of Service (years, months, days):

	Active:    02  01  03
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  38

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.9 (7)			Conduct:  3.6 (8)

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR, Rifle Expert Badge

Days of Unauthorized Absence:  None

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

UNDER CONDITIONS OTHER THAN HONORABLE /Separation in lieu of trial by court-martial, authority:  MARCORSEPMAN Par. 6419.

Chronological Listing of Significant Service Events:

880629:	NJP for violation of UCMJ, Article 86: UA (AWOL) from 1945 to 2200, 880622.
Awarded forfeiture of $182.00 pay per month for 1 month, restriction and extra duties for 14 days.  Not appealed.

880803:	NJP for violation of UCMJ, Article 86: UA (AWOL) from D Line, WpnsTrngBn from 0600, 880802 to 0645, 880802.
Awarded forfeiture of $300.00 per month for 2 months, restriction and extra duties for 30 days, reduction to E-2  (reduction suspended for 6 months).  Not appealed.

880815:	Counseled for deficiencies in performance and conduct.  [Frequent involvement with military authorities.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

880816:	Suspension of NJP imposed and suspended on 880803 for a period of 6 months is hereby vacated and the punishment is ordered executed.

880822:	NJP for violation of UCMJ, Article 86: UA (AWOL) from appointed place of duty BLDG #769, Recruit chow hall from 0430, 880813 until 0600, 880813.
Awarded forfeiture of $300.00 per month for 2 months (suspended for 6 months), restriction and extra duties for 30 days, reduction to E-1 (suspended for 6 months).  Not appealed.

880823:	Counseled for deficiencies in performance and conduct.  [Lack of responsibility, frequent disobedience of policies, orders and the UCMJ.  Uncooperative attitude, poor self-discipline, frequent poor judgement may result in administrative action.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

880908:	Suspension of NJP imposed and suspended on 880822 for a period of 6 months is hereby vacated and the punishment is ordered executed.

880908:	NJP for violation of UCMJ, Article 86: UA (AWOL) absent from appointed place of duty to wit: Dog Line from 0630 until 0815 880908, at RngCo, WpnsTrngBn, MCRD, PISC; violation of UCMJ, Article 91: Having received a lawful order from SSgt N_, to report to Dog Line, an order which it was his duty to obey, did at RngCo, WpnsTrngBn, MCRD, PISC, on 880908 willfully disobey the same.
Awarded forfeiture of $200.00 pay per month for 2 months, restriction and extra duties for 45 days.  Not appealed.

881101:	Applicant, having consulted with counsel certified under UCMJ Art 27b, requested discharge for the good of the service to escape trial by court- martial.  In the request the Applicant noted that his counsel had fully explained the elements of the offenses for which he was charged and that he understood the elements of the offenses.  He further certified a complete understanding of the negative consequences of his actions and that characterization of service would be under other than honorable conditions.  The Applicant admitted guilt to the following violations of the UCMJ, Article 92: Failure to obey a lawful order, to wit: Depot Order 11513.1, paragraph 3004, dated 871119, by wrongfully consuming alcoholic beverages 8 hours prior to working with recruits; Article 111: Operate a vehicle, to wit: a passenger car while drunk; Article 134: Breaking restriction on or about 881011.

881110:	SJA review determined the case sufficient in law and fact.

881116:	GCMCA [Commanding General, Marine Corps Recruit Depot/Eastern Recruiting Region, Parris Island] determined that Applicant had no potential for further service, that separation in lieu of trial by court-martial was in the best interest of the service, and directed discharge under conditions other than honorable by reason of conduct triable by courts-martial.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19881118 under other than honorable conditions in lieu of trial by court-martial (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.  The Board found that the Applicant’s age, education level, and test scores qualified him for enlistment.  While he may feel that his youth 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 evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  Relief denied.

Issue 2.  The Applicant’s alcohol abuse does not mitigate his misconduct.  The Applicant’s assertion that he should have but did not receive substance abuse treatment does not overturn the presumption of regularity in this case.  Relief denied.

Issues 3 and 4.  On 19881101, the Applicant requested discharge for the good of the service to escape trial by court-martial.  In the request the Applicant certified a complete understanding of the negative consequences of his actions and that characterization of service would be under other than honorable conditions.  The evidence of record does not demonstrate 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.  The discharge was proper and equitable.  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.

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6419, SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C), Change 2, effective 15 May 84 until 26 Jun 89.

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 91, disrespect to a SNCO; Article 92, disobey a lawful order; Article 111, drunk driving; and Article 134, break restriction. 

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