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

 ex-Pvt, USMC
Docket No. MD03-01483

Applicant’s Request

The application for discharge review was received on 20030909.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record 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 20040608.  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 OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “The performance evaluation is a SNCO point of view that alcoholism was the prim factor of my misbehavior.

The reason I feel that I deserve an upgraded discharge are as follows:

Stationed at MCAGCC 29 Palms CA with 3rd Battalion 11th Marines as a 352 l/Diesal Mechanic, also trained in the maintenance of the MK48/LVS I did my duties as that in an exceptional manner.
I have two Meritorious masts and a letter of appreciation for performing my duties in such a fashion. I was cross trained as a driver and obtained an explosives endorsement and was used to fulfill the training mission, hauling artillery rounds, powder, primers and forklifts for my unit, dispersing such items when ordered quickly and efficiently. I was in high demand in all the firing batteries to perform my duties as a mechanic, because of my ability to keep all vehicles running on there own power, enabling the battery to complete it’s mission.
My uniforms and utilities were kept in tip top shape as per Marine Corps orders and standards. My personal appearance as well.
Back then I was experiencing difficulties coping with situations in my personal life and became addicted to alcohol witch lead to the behavioral problems. I then voluntarily went into level three alcohol treatment and successfully completed the program. Mistakes I made as a young man I feel should not be held against me the rest of my life, hindering any chance of reaching my goal, and that goal is to pursue a career in Law Enforcement. Therefore The Other Than Honorable discharge that I received am afraid will impede the opportunity to obtain that goal. I am currently attending a Police Academy in Stockton CA Were I have lived with my wife and three children for the past six years and I hope to join the ranks of the San Joaquin Valley Sheriffs Department or Unified School District Police.
I feel I served my country well overall, and a few mistakes of a young person should not limit the opportunities of ones entire life.
I sincerely regret the mistakes I made while serving, but can assure that the Three years. Seven months, Sixteen days that I served has made me a more mature, responsible man. I have the United States Marine Corps to thank for the discipline, self esteem and courage that I display every day.
In short I am asking that my request be viewed by a board and my discharge upgraded to an Honorable, so that I may utilize the traits that the Marine Corps has instilled into protecting and serving the civilian public.”

Documentation

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

Copy of DD Form 214
Two Meritorious Masts
Letter of Appreciation
Performance evaluation from SSgt K_ C_
Rogue Community College certificate of competency

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		940128 – 940228 	COG

Period of Service Under Review:

Date of Enlistment:  940301		Date of Discharge:  971015

Length of Service (years, months, days):

	Active:    03  07  15
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  41

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.5 (11)			Conduct:  3.9 (11)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, MM (2), LoA

Days of Unauthorized Absence:  15

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:

950127:	NJP for violation of UCMJ, Article 86: UA from 0700, 950110 to 2030, 950119.
Awarded forfeiture of $223.00 (suspended for 6 months), restriction and extra duties for 14 days.  Not appealed.

950628:	Counseled for deficiencies in performance and conduct.  [Knowingly absenting yourself from your place of duty.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960123:	NJP for violation of UCMJ, Article 86: UA from 1200, 951229 to 1300, 960104; violation of UCMJ, Article 92: Violated order of BN CO by retaining a M16A2 tracer round.
Awarded forfeiture of $230.00, restriction and extra duties for 14 days.  Not appealed.

961120:	Counseled for deficiencies in performance and conduct.  [Lack of maturity, disrespect towards SNCOs and failure to obey lawful written orders, specifically, failure to maintain minimum uniform issued.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970416:	NJP for violation of UCMJ, Article 92 (2 specs):
Specification 1: Wrongfully possessing a firearm in his BEQ room.
Specification 2: Introducing a privately owned weapon aboard MCAGCC without registering said weapon.
Violation of UCMJ, Article 91: Disobeyed GySgt S_ by bringing a firearm into his BEQ room.
Violation of UCMJ, Article 108: Willfully damaged Room 138, Building 1403, MCAGCC on 970315, in the amount of about $250.00, by discharging a firearm.
Violation of UCMJ, Article 134: Willfully discharging a firearm under such circumstances as to endanger human life.
Awarded forfeiture of $505.00 per month for 2 months, restriction and extra duties for 45 days, reduction to PFC.  Not appealed.

970520:	NJP for violation of UCMJ, Article 134: Break restriction on 970427.
Awarded reduction to Pvt.  Not appealed.

970521:	SACC recommended administrative separation due to Level III aftercare failure.  Substance abuse counselor diagnosed Applicant as alcohol dependent.

970620:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and due to minor disciplinary infractions as evidenced by numerous page 11 and page 12 entries.

970620:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

970620:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.  

971008:	GCMCA [CG, 1st MARDIV (Rein)] 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 19971015 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 four occasions, alcohol rehabilitation failure 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.  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, to enhance employment opportunities, or for good conduct in civilian life, subsequent to leaving the service.  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 91, disobedience of a SNCO; Article 92, disobey a lawful order; Article 108, destruction of government property; 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