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

FOR OFFICIAL USE ONLY

 ex-PVT, USMC
Docket No. MD05-01040

Applicant’s Request

The application for discharge review was received on 20050602.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable or general (under honorable conditions).  The Applicant requests a documentary record discharge review.  The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060302.  After a thorough review of the available 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 by reason of misconduct due to minor disciplinary infractions.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“I was stationed in 29 Palms from 98-99. My time there was nothing short of Hell.  I can’t even count how many times my life was threatened in this time period.  I was given a mental evaluation and I was told it was all in my head.  That’s the problem my head.

I was beaten up in my own room, pinned in corners, and others were told to stay away from me.

Prior to this I had no problems, no addictions and never been in any trouble up until then.  Now I live my life with a mental disorder Inpaluse Control Disorder.

Several doctors told me my condition occurred during my time I the USMC.  I now have a problem with authority and can not keep a job.”

Documentation

Only the service record book was reviewed.  The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

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

	Inactive:  USMCR (DEP)	19971001 – 19980126		COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19980127		Date of Discharge:  19990701

Length of Service (years, months, days):

Active:    01  05  05  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  none
	Confinement:		  none

Age at Entry:  20 

Years Contracted:  4 

Education Level:  12				AFQT:  39

Highest Rank:  PFC				MOS:  0811

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.0 (3) 			Conduct:  4.0 (3)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  Rifle Marksmanship Badge. 

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  MARCORSEPMAN Par. 6210.2.

Chronological Listing of Significant Service Events:

980916:	Counseling:  Advised of deficiencies in performance and conduct (Violation of Article (s) 121, Larceny and wrongful appropriation, of the UCMJ.  While assigned to Marine Btry, 2/80th, Ft Sill OK, on or about 1900, 980818, did wrongfully appropriate (1 pack of Newport cigarettes) valued at $1.75.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980916:	NJP for violation of UCMJ, Article 121:  While assigned to Marine Btry, 2/80th, Fort Sill, OK, wrongfully appropriate one (1) pack of Newport cigarettes the property of the Army, Air Force System.
Award:  Forfeiture of $100 per month for 1 month, restriction and extra duty for 14 days (suspended for 3 months).  Not appealed.

981209:	Counseling:  Advised of deficiencies in performance and conduct (On 3 Dec 98 Applicant was cited with driving under the influence of alcohol, Applicant blood alcohol content was 0.18.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

981221:	NJP for violation of UCMJ, Article 111:  Drunken operation of a vehicle, in that SNM, did, on or about 0230, 981203, at MCAGCC main gate operate a privately owned vehicle while under the influence of alcohol.  SNM’s BAC was .18.
	Award:  Forfeiture of $463 per month for 2 months, restriction for 60 days, reduction to E-1.  Not appealed.

990216:	Counseling:  Advised of deficiencies in performance and conduct (Failure to [appear] at required formations during the period of 991012 to 990114.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990222:	Acknowledged understanding of eligibility but not recommended for promotion to PFC for the month of March due to lack of maturity and misconduct.  Applicant chose not to make a statement.

990408:	Counseling:  Advised of deficiencies in performance and conduct ([Applicant’s] continued alcohol and personality disorder problems and the effect they are having on performance.  [The Applicant has] had two specific alcohol related incidents since completion of Level III treatment.  [The Applicant has] been counseled verbally by Btry GySgt, Btry Commander and Battalion SgtMaj, but [is] still involved with alcohol even with their assistance...  [Applicant] is not keeping pace with [his] peers in MOS credibility and further enhancement training.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990615:	Counseling:  Advised of deficiencies in performance and conduct (Violation Article 121, wrongful appropriation and violation Article 130, unlawful entry.), necessary corrective actions explained, sources of assistance provided and advised being processed for administrative separation.

990622:	GCMCA, Commander, 1st Marine Division directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

Service Record Book contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990701 by reason of misconduct due to minor disciplinary infractions (A and B) with a service characterization of under other than honorable conditions.  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 (C and D).  The Board presumed regularity in the conduct of governmental affairs (E).

When Marine’s service 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 received four retention warnings and his service was marred by two nonjudicial punishment proceedings.  During the Applicant’s enlistment, he violated Articles 111, 121 and 130 of the UCMJ.  The Applicant also had alcohol-related incidents after completing Level III treatment.  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 Marine Corps and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

The Applicant contends that his character of service should be upgraded because, during his enlistment, he was, “beaten up” and “pinned in corners.”  The Applicant also implies that his discharge was inequitable because he suffers a medical disorder as a result of his enlistment.  There is no evidence in the record, nor did the Applicant provide any documentation, to support the Applicant’s contention that the Applicant suffered any injustices during his period of service, to include his administrative separation processing.  The Applicant committed at least four serious offenses during his enlistment and the evidence of record does not show that the Applicant should not be held accountable for his conduct.  Therefore the Board did not find the Applicant’s discharge improper or inequitable.  Relief denied.

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.  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 31 Aug 2001.

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, Articles 111, 121 or 130.

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

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

E.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.  

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