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

FOR OFFICIAL USE ONLY

 ex-Pvt, USMC
Docket No. MD05-01118

Applicant’s Request

The application for discharge review was received on 20050621.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  The Applicant requests a personal appearance hearing discharge review before a traveling panel closest to Los Angeles, CA.  The Applicant did not designate a representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington, D.C. Metropolitan area.  The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing

Decision

A documentary discharge review was conducted in Washington, D.C. on 20051221.  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 bad conduct discharge by reason of court-marital.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application and from an attached document to the Board:

“I am requesting an upgrade in my discharge because since leaving the Marine Corps I have been a model citizen.  I’ve gone back to college.  I work two jobs. I’m active in my community and church and I am a responsible person in AA activities.  A BCD hinders me in job growth etc.”

“To whom it may concern,

My name is I_ R_ J_. I was a United States Marine who had entered the corps on April 24, 1996 and exited the military on Dec 31, 1999. I will give an account of my story. Please take into consideration this request for an upgrade to the discharge status that I received, in order to obtain my veteran medical and dental benefits.  
In the month of February 1998 I left my unit, 3rd Battalion 7th Marines Company India. You must first know this unfortunate decision was due, I believe to the fact I had been suffering from grave emotional distress and an alcoholic condition, which led me to experiment with other substances. Before my departure that became deserter status, I had received promotions, but had also subsequently lost rank due to violent alcohol related outbursts. By recommendation of my platoon sergeant, Staff SGT T_, I was ordered to level one alcohol treatment. However, even in level one I was still drinking. After a time later I was reprimanded to level two treatments. Still my alcoholism got progressively worse, along with erratic, violent behavior on and off base. The final straw came when I received a level three reprimand while on the island of Okinawa, Japan while stationed for six months.  Ironically I still found it easy to drink at camp Schwab, because other marines were sneaking alcohol into the barracks and offering it to me, which I readily accepted. This was in the year 1997. Once my unit and I returned stateside I continued to train with my infantry unit Christmas. I was on Christmas leave for 2 weeks 2 days before the New Year when I received a DUI in Santa Monica California and I lost my driver’s license. As a result of my depression after that incident, I went on a drugs and alcohol binge realizing what charges I faced when I returned to 29 Palms (My home base).  
I was a disgrace to my unit because I was alcoholic, emotionally unstable. I had a violent disposition, not to mention I had a paranoid schizophrenic mother at home who needed my help financially. I even went to my company 1st Sergeant to ask if I could be medically discharged or administrative separated due to emotional/psychological reasons including my alcoholic condition. My deadly alcoholic tendencies I feel was destroying my ability to interact with other Marines and perform my job duties as an infantry man. 1st Sgt. S_ mocked me, he didn’t realize the severity of my condition and denied my plea for help. I had been crying out for help but denied because the Corps thought I was looking for an easy way out. I believe after 2 ½ years committed to the Corps, someone would have noticed that I wasn’t looking for an easy way out but a better way to recover from alcoholism.   In February 1998 I left my unit. I appeared in court on my DUI charge and plead no contest. I was ordered 120 hours of community service, $100.00 restitution fee to the court-clerk and ordered to do a 3-month DUI school. I accepted all terms and obligations, but I was confused, by the fact that my sentence did not include counsel and detox. I was unaware that this vicious cycle would repeat itself so easily, and with out detoxification or proper counseling. The counsel from the military was too short (28-30 days) and could not, would not help a person like me who would drink to live and live to drink.  In March 1998 so continuing with addiction I checked myself into the salvation army program (located in Santa Monica CA) The program is a work therapy program for the drug and alcohol addicted, counseling individuals in a Christian church oriented service. It had a 24-hour facility with a program that teaches discipline not only about addiction but work ethic, conduct and spiritually it helped me to find God and Christ. The program was an intense six months, designed to help the addict survive his/her disease, and acquire the living skills to survive in society, allowing me to see how to help fellow mankind.  As time progressed my remorse and guilt plagued me like a cancer, everything inside me yearned to return to my unit but I had to start and finish the program. I believe the rest of my life depended on it. I knew I faced military court-martial and possible Dishonorable discharge, but everything in me could not allow me to quit. I had to finish this program. While in the program I met two spiritual mentors who helped me find the Lord and to whom I confided in, which helped me see my indiscretions. I told them once I completed the program I would be returning to my unit to face any charges because I knew it was the right thing to do.  In September 1998 I completed the program and I was given a ride back by my two spiritual mentors Pastor Summers and Salvation Army soldier, E_.  I detained indefinitely at camp Pendleton over the weekend when I was escorted then to Twenty-Nine palms base and processed by JAG court to stand before a military court-martial for Article 86 under the uniform code of military justice. I was found guilty and served 2 months at camp Pendleton military brigade. Upon exiting my sentence from the brigade I was given an option to stay in the Corps and serve with a different unit or go home sober. I felt that serving with another unit would have jeopardized everything I had worked for in getting sober. It was too soon for me to be subjected to the frequency in which Marines drink alcohol and the peer pressure included I wanted to go home sober. Sober and spiritually enlightened I wanted to work myself back into society as a useful citizen not a menace. Instead I stayed, I stayed and on Dec 31, 1999 I was discharged under ‘Bad Conduct’ discharge. I went home and moved forward with my life. My life has improved miraculously and the gifts God has given me, I can see them now since exiting the Corps.  In 1999 until 2001 I served as a lead minister for the Anointed Approach Ministries under the guidance of Pastor S_.  In 2003 I attended B. College in Torrance CA where I earned my certificate in massage therapy. The whole period of which 1999 until 2004 I worked for the automotive trade as a lube specialist for a couple of different places. I have since become a security officer for Barton Security working at MTV Networks buildings in Santa Monica. I am firearm certified, pepper/teargas certified, and I am currently working on baton and CPR certifications. I have recently been attending trade technical school to obtain an ASE certification and state exam in SMOG automotive technology. In July I may transfer to San Pedro Occupational Center where I will continue SMOG related studies with more ‘hands on’ instruction. I still battle with addiction but remain clean and sober. I belong to the same church and I have met many new friends. I have not had it easy but I’ve still maintained my sobriety, sanity, integrity and spirituality.   In closing I implore you please review this letter closely and note my recommendations, certifications and licenses, which I believe show as, proof that this citizen has been a valuable productive member of society. He has been working, paying taxes, paying his rent on time, giving to his church. He learned new trades and continues to learn in school. Recently I have picked up another few shifts as a guard in another establishment other than MTV for Barton. Working double time to earn more money for education. All of this expressed to you the holder of my fate, to upgrade the status of my discharge and eligibility code.    I hope you can take the time to review my case and give me upgrade that I feel I have let become long overdue. I believe even though I have remorse about what happened 7 years ago I did serve my Corps. Though my methods were against military standards and traditions I needed sobriety. I believe, I did what I had to do to keep my sanity. I could not have made it this far without God, the twelve steps and the people I’ve met at my church. I’m thankful even to the Marine Corps for teaching me the traits that I utilize today like dedication to any given task thrown my way.   In conclusion, please review my case and I hope you make a decision based on the facts with a clear conscience, and I hope that the truth I have written here, as my story is enough. I am hoping to appeal to your heart and soul as a person, for I will always treasure the experiences of the Marine Corps and I honor the men and women I’ve served with and who serve our country right now. So fare well for now but not goodbye I will wait patiently for your prompt decision.

Sincerely,

I_ R. J_

SEMPER FIDELIS

P.S.
My mother is well now. She too is a student and her condition is much better. My sister whom I am very proud of is also serving her country in the US Army and currently stationed in Korea. Thank you for your consideration and kind intentions.”

Documentation

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

Applicant’s DD Form 214
Certificate of Completion (Powers of Arrest) dtd February 10, 2003
Certificate of Completion (Firearms) dtd June 11, 2003
Minister’s License dtd November 28, 1999
Resume
Transcript from Bryman College dtd April 22, 2003 (2 pgs)
Certificate of Appreciation dtd September 27, 2002
Attendance Award Certificate dtd September 9, 2002
Attendance Award Certificate dtd August 8, 2002
Certificate of Completion (First Degree Level of Reiki in the Usui System of Natural Healing) dtd March 13, 2003
Certificate of Recognition (Honor Roll) from Corinthian Schools, Inc., dtd June 27, 2003
Massage Therapy Diploma from Bryman College dtd April 17, 2003
Reference Listing 
Character Reference Letter from S_ M. S_ (undated)
Employment Reference Letter from M_ O_, Post Commander, American Commercial Security Service
Letter to Prospective Employer from Applicant, unsigned (undated)
Applicant’s Resume (2 pgs)
Service Record Documents (86 pgs)
Official Record Preparation Information (23 pgs)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USMCR (DEP)	19960329 – 19960423		COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19960424		Date of Discharge:  19991201

Length of Service (years, months, days):

Active:    02  10  19  (Excludes lost time)
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  211 days
	Confinement:		  48 days

Age at Entry:  23

Years Contracted:  4 

Education Level:  10*			AFQT:  32

Highest Rank:  LCpl				MOS:  0311

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.6 (7) 			Conduct:  3.0 (8) 

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

*Enlistment documents also show Applicant completed 15 semester units at Santa Monica College.

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

BAD CONDUCT DISCHARGE/COURT-MARTIAL, authority:  MARCORSEPMAN Par. 1105.
 
Chronological Listing of Significant Service Events:

960905:	Counseling:  Advised of deficiencies in performance and conduct (UA/AWOL from 1800, 960902 to 1800, 960903), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970129:	Applicant to medical as a result of command referral due to self-admitted use of marijuana.  Applicant meets DSM IV criteria for drug abuse and criteria for ETOH dependence.  Physician recommends Level III treatment and that the Applicant be evaluated by MHU prior to UDP.  

970203:	Counseling:  Advised of deficiencies in performance and conduct (Using poor judgment and inciting a fight), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970424:	NJP for violation of UCMJ, Article 92: In that PFC J_, having knowledge of a lawful order issued by Commanding Officer, 3d Battalion, 7th Marines, to wit: Battalion Bulletin 1050, dated 14 Feb 97, an order which it was his duty to obey did, at Camp Schwab, Okinawa, Japan, on or about 0140, 6 Apr 97, fail to obey the same by not checking out on Liberty Log Book when leaving the battalion area.
	Violation of UCMJ, Article 92: In that PFC J_, having knowledge of a lawful order issued by Commanding Officer, 3d Battalion, 7th Marines, to wit: Battalion Bulletin 1050, dated 14 Feb 97, an order which it was his duty to obey did, at Camp Schwab, Okinawa, Japan, on or about 0140, 6 Apr 97, fail to obey the same by not checking out with a Liberty Buddy when leaving the battalion area.
Violation of UCMJ, Article 134: In that PFC J_, was, at Camp Hansen, Okinawa, Japan, on or about 0230, 6 Apr 97, drunk which conduct was of a nature to bring discredit upon the armed forces.
	Award:  Forfeiture of $235 per month for 1 month, restriction and extra duty for 14 days.  Forfeiture of $235 per month for 1 month suspended for 6 months.  Not appealed.

970428:	Counseling:  Advised of deficiencies in performance and conduct (Violations of Articles of the UCMJ 92 x 2 134, all of these offenses stem from alcohol abuse and total disregard and disobedience to orders), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970501:	Acknowledged understanding of eligibility but not recommended for promotion to LCpl due to recent NJP IAW MCO P1400.32, paragraph 1204.3K for a period of 6 months.  Applicant chose not to make a statement.

970519:	Applicant began Intensive outpatient treatment.

970603:	The Applicant was recommended for discharge from Intensive Outpatient Alcohol Treatment.  Substance Abuse Counselor remarks:  “Client presented Prevention Plan and solicited feedback from the group.  Client’s prognosis is poor based on desire to continue to frequent the same old spots and doesn’t appear to want to abstain from alcohol completely.”

970605:	Applicant completed Intensive Outpatient Treatment at the Alcohol Treatment facility on board Camp Lester.

970709:	Acknowledged understanding of eligibility but not recommended for promotion to LCpl due to recent NJP IAW MCO P1400.32, paragraph 1204.3H for a period of 3 months.  

970730:	Counseling:  Advised of deficiencies in performance and conduct (Violations of Article 112 Drunk on duty and Article 134 Drunkenness), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant also informed the reason he was not subject to NJP for these violations because his manager/counselor at the alcohol treatment center left Okinawa the first week of July 97 and no replacement was provided.

971014:	Acknowledged understanding of eligibility but not recommended for promotion to LCpl due to recent NJP IAW MCO P1400.32, paragraph 1204.3H for a period of 3 months.  

980107:	Counseling:  Advised of deficiencies in performance and conduct (Violations of Article 134 Drunkenness.  SNM was cited on 980103 for DUI, SNM had a BAC of .19), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980219:	Applicant to unauthorized absence at 0730 on 980219.

980917:	Applicant from unauthorized absence at 1830 on 980917.  

981023:	Special Court Martial.
	Charge:  violation of the UCMJ, Article 86.
	Specification:  Unauthorized absence 980219 – 980917.
	Plea: Guilty. 
Findings: Guilty, except for the figure “19” and substituting the figure “20”; of the excepted figure, Not Guilty; of the Specification as excepted and substituted, Guilty; of the Charge, Guilty.
	Sentence:  Confinement for 60 days, reduction to E-1, Bad Conduct discharge.
	CA 981023:  The sentence is approved and, except for bad conduct will be executed.
	
981023:	Joined Base Brig, Marine Corps Base, Camp Pendleton, California, for confinement.

981210:	From confinement, restored to full duty. 

981215:	Applicant requested clemency.

990108:	Applicant to appellate leave.

990624:	Applicant’s voluntary appellate leave status changed to involuntary appellate this date.

990728:	NCPB determined clemency not warranted.

990825:	NMCCCA:  Affirmed findings and sentence.

991118:	Appellate review complete.

991201:	SSPCMO:  Article 71c, UCMJ, having been complied with, Bad Conduct discharge ordered executed.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19991201 with a bad conduct discharge which was the sentence adjudged by a properly convened special court-martial.  That sentence was subsequently approved by both the convening and appellate review authorities (A and B).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the Applicant’s issues were insufficient to merit clemency (C).  

With respect to a discharge adjudged by a court-martial case, the action of the NDRB is restricted to upgrades based on clemency.  Clemency is an act of leniency that reduces the severity of the punishment imposed.  While the Board commends the Applicant’s continued sobriety and accomplishments, after a thorough review of the Applicant’s record, issues submitted, and post service accomplishments, the Board determined that clemency was not warranted and that the sentence awarded the Applicant at his court-martial was appropriate for the offenses he committed.  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 1105, DISCHARGE ADJUDGED BY SENTENCE OF COURT-MARTIAL, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 950818 until 010831. 

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 for more than 30 days.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 205(2), Jurisdictional Limitations Authority for Review of Discharges.

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