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

 ex-Pvt, USMC
Docket No. MD05-00481

Applicant’s Request

The application for discharge review was received on 20050125.  The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions.  The Applicant requests 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 20050512.  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.  “I was promoted right out of Boot camp.  Positive Merits in MCT, Positive Pros and Cons in MOS school - always a leader in all Activities.  Positive Marks in first year in Fleet, that is why I feel this discharge was improper.  I also feel that my times as a Marine was spent as a great learning Experience.  My positive Records will reflect the reason in which I request my discharge to be upgraded.”

Documentation

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

None were submitted

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		991130 - 991205	COG

Period of Service Under Review:

Date of Enlistment:  991206		Date of Discharge:  020502

Length of Service (years, months, days):

	Active:    02  04  08 (Excludes lost time)
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  51

Highest Rank:  LCpl			MOS:  6672

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.2 (8)			Conduct:  4.0 (8)

Military Decorations:  None

Unit/Campaign/Service Awards:  RQB (E), NDSM, MM

Days of Unauthorized Absence:  2

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:

990824:	Applicant screened by Substance Abuse Counseling Center, MCAS New River and given a diagnostic impression of alcohol abuse which was confirmed by a Medical Officer.  Applicant did not meet any DSM-IV criteria for Alcohol Dependence.  Applicant assigned to outpatient treatment.  [Extracted from e-mail dated 020215.]

991025:	Applicant completed Outpatient treatment.  [Extracted from e-mail dated 020215.]

991124:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

000516:	NJP for violation of UCMJ, Article 92:
Specification: Violated MATSG Order 1700.4D of 980821 by drinking alcoholic beverages under the age of 21 onboard NAS Meridian, MS on 1800, 000507.
Awarded forfeiture of $300.00 per month for 2 months, restriction for 30 days, and extra duties for 30 days, reduction to E-1.  Forfeiture of $100 per month for 2 months suspended for 3 months.  Not appealed.

000824:	Medical Officer letter: Applicant screened by Substance Abuse Counselor at MCAS New River.   The diagnostic impression is alcohol abuse.  Recommend that the SNM attend the next available Intensive Outpatient Treatment at the Substance Abuse Counseling Center, MCAS New River.  Applicant was seen by a Medical Officer who concurs with the counselor’s impression.

000830:	NJP for violation of UCMJ, Article 92:
Specification: Disobeyed SqdnO 1700.3E by underage drinking on 0124, 000812.
Violation of UCMJ, Article 111:
Specification: Drunken operation of vehicle (BAC .06) on 0124, 000812.
Awarded forfeiture of $400.00 per month for 2 months, restriction and extra duties for 45 days.  Forfeiture of $200.00 for 2 months suspended for 3 months.  Not appealed.

001025:	Applicant successfully completed outpatient treatment at the Substance Abuse Counseling Center, MCAS New River.  Continuing care plan: weekly meetings with the SACO for 12 months; individual is to be held responsible for his actions.  

010215	Applicant screened by Substance Abuse Counseling Center, MCAS New River.  The diagnostic impression is alcohol abuse.  Applicant is re-assigned to the Outpatient Treatment Program beginning 15 Feb 01.

010321:	Director, Substance Abuse Counseling Center, MCAS New River, notifies the Applicant’s CO that the Applicant has been terminated from Continuing Care as a treatment failure and that the Applicant should be processed for administrative separation.

010426:	Counseled for deficiencies in performance and conduct.  [Consumption of alcoholic beverages on 010126 while under the legal drinking age of 21 years old.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010426:	Counseled for deficiencies in performance and conduct.  [On 1530, 010309 you were seen driving a POV on base.  On 000906, you signed a memorandum acknowledging suspension of his driving privileges on base from 000906-010906.  He also was briefed by his SNCOIC on 010608 that his driver’s license had been suspended and he was not allowed to drive any automobiles.  He displayed lack of maturity by his weak excuse for his actions.  His reason was that he was tired of depending on others to take him where he needed to go.  He showed lack of integrity when he lied to his NCO’s by stating that he caught a ride with another Marine to the Substance Abuse Class.  When he realized that his NCO’s were going to verify his statement with the alleged Marine, he retracted his statement and admitted that he drove to class.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010823:	Applicant signed Substance Abuse Counseling Center statement of 
understanding of treatment for substance abuse after his discharge at a Veterans Administration Medical Center.

011206:	NJP for violation of UCMJ, Article 92 (2 specs):
Specification 1: Violation of SqdnO 1700.3E, underage drinking.
Specification 2: Violation of MCO 1020.34F, was caught wearing an earring.
Awarded forfeiture of $520.00 per month for 1 month, correctional custody for 29 days, reduction to E-1.  Reduction suspended for 29 days.  Forfeiture of $520.00 pay per month suspended for 6 months.  Not appealed.

020305:	Applicant notified of intended recommendation for discharge by reasons of alcohol abuse rehabilitation failure and misconduct due to a pattern of misconduct.  The least favorable characterization of service which you may receive is under other than honorable conditions.

020305:	Applicant advised of rights and having elected not to consult consulted 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.

020320:	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 is his alcohol abuse treatment failure, various related NJPs and a most recent violation of wearing an earring and yet another underage drinking episode.

020321:	Applicant to unauthorized absence 1200, 020321.

020327:	Applicant from unauthorized absence 0300, 020324 (2 days/surrendered).

020415:	NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 020408, tested positive for cocaine.

020422:	NJP for violation of UCMJ, Article 86:
Specification: Unauthorized absence from 1200, 020321 through 0300, 020324.
Violation of UCMJ, Article 112A:
Specification: Wrongfully use a Scheduled I substance between 020315 and 020415, to wit: cocaine.
Awarded forfeiture of $552.00 per month for 2 months, restriction and extra duties for 45 days.  Forfeiture suspended for 6 months.  Not appealed.

020424:	SJA review determined the case sufficient in law and fact.

020424:	GCMCA, Commanding General, 2d Marine Aircraft Wing, Cherry Point, NC, directed the Applicant's discharge under other than honorable conditions by reason of alcohol rehabilitation failure and misconduct due to a pattern of misconduct.  For reporting purposes only, misconduct due to a pattern of misconduct is designated as the primary basis for separation.

020425:	Applicant is notified by letter that he is debarred from entering Marine Corps Air Station, Cherry Point, North Carolina as well as all other installations commanded by the Commander, Marine Corps Air Bases East.	 

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020502 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.   When the service of a member of the U.S. Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable.  An under other than honorable conditions discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The Applicant’s service was marred by 2 retention warnings and 4 nonjudicial punishment proceedings for violations of Articles 86 (UA), 92 (4 specs of failure to obey order, regulation), 111(drunken driving), and 112a (wrongful use of a controlled substance) of the UCMJ.  Further, the Applicant was diagnosed as an alcohol abuser and was terminated from Continuing Care as a treatment failure.   The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Marine Corps and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time.  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 P1900.16F), effective 01 Sep 2001 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 an order, regulation), 111 (drunken driving), and 112a (wrongful use, possession, etc. of controlled substances).

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

E.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 “http://Boards.law.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:

		Secretary of the Navy Council of Review Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023