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

 ex-Pvt, USMC
Docket No. MD03-01488

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.  “Dear Naval Council Of Personnel Boards,

Hello, my name is M_ A_ P_ (Applicant) and I am writing to you at this time to ask for a change of discharge from, “other than honorable conditions” to “honorable.”

In 1992 I lived with my older brother P_, in July of that year he died in a motorcycle accident. In January of 1996 my maternal grandmother died from cancer. I never really dealt with these close deaths.  I just kept it all bottled up inside, hidden from everyone including myself.

On February 6, 1996, I joined the service and went to the Marine Corps Boot Camp. I was very excited and all about being a hard corps devil dog. Boot camp was great; it was much more than I ever expected it to be.  My drill instructors made me hate them, they made me made, angry, and frustrated and they broke me down just like they are suppose to. Then they built me back up and formed me into a United States Marine. I looked up to them, I respected them, I envied them and yes, just like all the other recruits I found myself daydreaming of being as hard as them, maybe someday even being a Marine Corps Drill Instructor.  I was bigger than the world coming out of boot camp. Nothing could touch me.  I felt as if I was made into steel and nothing could stand in my way for I was now a United States Marine.

Looking back on my own personal expectations coming out of boot camp I can see where I exaggerated.. I was given a false impression that being employed with the Marine Corps was a non-stop adventure. I felt let down as my occupation evened out to be a somewhat simple civilian job. I had expected so much more of the hard-core Marine Corps action that I was led to believe by my recruiter.

With all this on my shoulders and never before seeking a way to work any of this out cigarettes and some alcohol sure were appealing.  It seemed to be working for everyone else and they appeared to be having a great time.  Well there I was, a 21-year-old Marine.  I started a mission nobody ordered me to go on.  I didn’t even know I was on this mission of self-destruction until it was to late to even try to change.  I don’t us the loss of life in my family as an excuse for my actions for I’m responsible for my choices.  I have shared with you my trials to help you better understand my state of mind at the time of my mistakes. I do not drink alcohol nor smoke anymore and haven’t for several years now.

I have moved on in life, and I’m hopeful that you as the Naval Council of Personnel Boards can help me by voting to change my discharge thus affording me a chance to better my life.

God Bless and Semper-fi,

The following is a detailed letter regarding the events that lead to my “Other Than Honorable Discharge” do to misconduct.

After graduating from boot camp I went to my M.O.S. school which was 0311, infantry. About 2 1/2 weeks before completion of my M.O.S. school my back was injured. I was sent to the holding/legal platoon, I attended many doctor appointments so I could heal and get back to training.

While I was in the holding/legal platoon, I asked if there was a counselor that I could talk to about some personal problems I was facing. I felt that I really needed someone to help me deal with my personal challenges of death in my family, and a few other things that were eating at me at the time. The answer that I received for this request was “NO.” I was also told that everyone has problems and nobody wants to hear a boot privates problems, and to “suck-it up” and carry on. At this point I felt rejected and humiliated. I had made myself have the courage to ask for help and to be denied help only worsened my feelings. You see, I thought I joined a “band of brothers,” yet my cry for help went unheard. Thus, I asked to go on leave and was again told, “No.”

As a result of my situation I allowed alcohol to help me get through my troubling times. One day the alcohol got to be too much and 1 decided to go home, U.A. for 27 days.

At home I was able to get my head cleared up and I knew I needed to go back and face my mistake. I returned to base with a clear mind and let them know that I left, because I asked for help and I was rejected. The officer of course never heard about any of this previously and everyone I had talked to about getting help denied ever talking to me about it. The officer asked me if I still wanted to be a Marine? I said yes. He then suggested I switch my M.O.S, because he felt I would not make a good infantryman. At my next doctor appointment I asked if it was possible to have my M.O.S. changed because of my back injury, just as the officer suggested, and the doctor said yes, it is possible to get it changed, but 1 needed to heal first. I healed rather quickly and my M.O.S. was changed to motor transportation 3531.

I went off to an Army base named Fort Lenardwood in the state of Missouri for M.O.S. schooling. There I completed my 3531 course for motor vehicle operator. I graduated in the top percent of my class and I was selected to stay and attend the 3533 course, logistic vehicle systems.

There was a month in between courses and while I waited for class to begin I was put on a “cleanup crew” for that month. A fellow Marine asked me to help him carry some stuff to his room, I said of course I will help you. I helped him carry a stereo, a rented VCR and movies, some CD’s and cloths from the other end of the barracks up to his room. At the time nothing seemed wrong with helping him. That night we had a surprise barracks inspection. 1 had a feeling that it was because of the stuff I helped that other Marine move. I found him and asked if that stuff was stolen, he just looked at me, I took this as a yes and told him he better go tell them what happened or I would, because I do not want any trouble. He went and confessed but at the same time told them I was his partner. I was attempting to tell my side of what happened and there reply was. “Oh that’s original, we never heard that one before.” They were very sarcastic about the entire situation. While waiting to see what was going to happen, I had enough and went U.A. again for 25 days. I returned to base and faced my trouble. I graduated from my 3533 course and went to my duty station, Camp Lejune North Carolina 8th MTBn 2nd FSSG.

I lived on the west coast all my life so being sent to North Carolina was very exciting to me. Once I arrived there it was just like ajob back home in the civilian world. You go to work and go home every day. This was a big let down to me. My recruiter gave me a different impression of the Marine Corps. He told me whatever it took to get me to sign those papers, but it now seemed that he had left out the truth. This was a low blow to me. Why did he stab me in the back like that I thought? Then on top of all this occurring in my life my wife finds someone else and tells me she wants a devours. I felt cheated, so I cheated myself. I drowned my sorrows again and again. I pushed myself away and managed to find my good old buddy alcohol. I started to dig myself a hole and it just got deeper. I got into trouble for disobeying a direct order from a staff NCO, and then to top that it all off I got pulled over on base for a DUI. I got sent to the brig for 30 days and then was given an administration separation, due to a pattern of misconduct.

I thought at the time I was just young and stupid. I now realize from the help that I’ve received through counseling, the feelings and instincts that I had were human nature and is called post —traumatic syndrome. I accept fault for my decisions to drink alcohol and for being disobedient. I now have dealt with the personal tragedies in my life and nov~ know how to handle situations without the need of alcohol. I have worked through the difficult times mentally and I am asking all of you to please help me and grant me my wish of closing this chapter in my life with a positive note.

Thank you for your time. I appreciate your willingness to listen.

God Bless and Semper-Fi.

Since I have been out of the Marine Corps I have worked as a warehouse supervisor, a cage/vault supervisor in a casino, and I have attended and received certificates in schooling for the following: phlebotomy tech, pharmacy tech and E.K.G. tech. I enjoy going to school and learning new things. I have recently started my own business and have been somewhat successful in the past year. I now go to church regularly and help my mother with things she cannot do anymore. I take great pride in being a good influence to my nieces and nephews, and in helping my sisters. I’m also a part-time volunteer for a non-profit organization called Camp Taylor, Inc. The camp is a free residential summer camp for children with heart disease. It is also the only one in northern California. I help with fund raising events, camp logistics, marketing, setting-up camp and during camp session I’m a camp counselor to eight youths with heart disease. I am planning to be the Camp Director for this organization next summer.

I have sought and received counsel and much needed help for dealing with the losses and troubles I’ve encountered in my past. It feels so good to have my life in control and have nothing buried or hidden inside me. I do not drink or smoke anymore, and I really feel great and stress free.

At the time of my errors while enlisted, I was young and had “liquid courage” as my best friend with a lot of hurt built up inside me. I was young, and struggling to find my way in a place that was foreign to me (the military, alcohol and the losses.) I have learned from my mistakes and would like to have one more chance to be “me” with no restrictions of myself. I would like to be able to go back into the service as a reservist to serve my country, and to have the opportunity to further my education through the use of my benefits like the GI bill. I would also like to get a government job as a civilian and this is hampering my efforts. I ask for your assistance in helping me at this point as I have come a long way in improving myself and choices that I have made over the years since my discharge.

I appreciate the opportunity to share with you my ambitions and hopes.

God Bless and Semper-Fi”

Documentation

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

Copy of DD Form 214
Letter of recommendation from K_ L_
Letter of recommendation from K_ G_
Letter of recommendation from C_ L_
Letter of recommendation from L_ M_
Letter of recommendation from N_ F_

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		960125 - 960205	COG

Period of Service Under Review:

Date of Enlistment:  960206		Date of Discharge:  990114

Length of Service (years, months, days):

	Active:    02  08  17
	Inactive:  None

Age at Entry:  21			Years Contracted:  4 

Education Level:  12			AFQT:  33

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (9)			Conduct:  3.9 (9)

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  55

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:

960619:	NJP for violation of UCMJ, Article 92: Disobeyed order to prepare for FSSG SgtMaj’s parade on 970606; violation of UCMJ, Article 107: Lied to Sgt C_ concerning changing his quarter sleeve shirt.
Awarded forfeiture of $210.00, restriction and extra duties for 14 days.  Not appealed.

960829:	NJP for violation of UCMJ, Article 86: UA from 2300, 960719 to 1700, 960818.
Awarded forfeiture of $435.00 per month for 2 months, restriction and extra duties for 45 days (suspended for 2 months).  Not appealed.

970219:	NJP for violation of UCMJ, Article 121: Larceny; violation of UCMJ, Article 130: Housebreaking; violation of UCMJ, Article 107: False official statements; violation of UCMJ, Article 81: Conspiracy; violation of UCMJ, Article 134: Receiving stolen property; violation of UCMJ, Article 86: UA from 0530, 970105 to 1140, 970129.
Awarded forfeiture of $450.00 per month for 2 months, restriction for 60 days; reduction to Pvt.  Not appealed.

970811:	NJP for violation of UCMJ, Article 86 (2 specs):
Specification 1: Failed to check into C Company on 970728.
Specification 2: UA from morning formation on 970729.
Violation of UCMJ, Article 91: Disobeyed order of DNCO to clean up a pile of beer bottles; violation of UCMJ, Article 92: Disobeyed order of DNCO to clean up a pile of beer bottles.
Awarded forfeiture of $450.00 per month for 2 months, restriction and extra duties for 21 days.  Not appealed.

971003:	NJP for violation of UCMJ, Article 86 (2 specs):
Specification 1: UA from place of duty on 970819.
Specification 2: UA from motor pool on 970821.
Violation of UCMJ, Article 134: Break restriction.
Awarded forfeiture of $450.00 per month for 2 months, restriction and extra duties for 45 days.  Not appealed.

960829:	Counseled for deficiencies in performance and conduct.  [UA.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970822:	Counseled for deficiencies in performance and conduct.  [Subject of NJP for the fourth time.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

971120:	Counseled for deficiencies in performance and conduct.  [Lack of judgment.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

981006:	Summary Court-Martial.
	Charge I: Violation of UCMJ, Article 111: Drive on board CLNC with a BAC of 0.12 on 980902.
	Finding: Guilty.
	Sentence: Reduced to Pvt, forfeiture of $692.00, confinement for 30 days.
	CA action: 981006.  Sentence is approved and ordered executed.

981009:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by three page 11 entries, five nonjudicial punishments, and one summary court-martial.

981009:	Applicant advised of his 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.

981009:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.  

981223:	SJA review determined the case sufficient in law and fact.

990217:	GCMCA [CG, 2d FSSG] 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 19990114 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 five occasions, one summary court-martial 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 or under 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 NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  

The Veterans Administration determines eligibility for post-service benefits, not the NDRB.  There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

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, 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, disobedient to a NCO; Article 92, disobey a lawful order; Article 107, false official statements; Article 111, drunken driving; Article 121, larceny; Article 130, housebreaking, and Article 134, receiving stolen property.

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