ex-CPL, USMC
MD06-01103

Current Discharge and Applicant’s Request:

Application Received:  				20060815
Narrative Reason for Separation:			
Character of Service:				
Discharge Authority:				MARCORSEPMAN par 6209
Last Duty Assignment/Command at Discharge:	MCSF Company, rota spain 

Applicant’s Request:
	Characterization change to:		 
Narrative Reason change to: 		NOT APPLICABLE 
	Review Requested:			
Representation:  					

Decision:

Date of Decision:					20070628     
Location of Board:				Washington D.C.
Complete Service Record:				
Complete Medical Record:			
Complete Discharge Package:			

Regarding propriety, the Board found the discharge:	
Regarding equity, the Board found the discharge:	

By a vote of  the Characterization shall  .	
By a vote of  the Narrative Reason shall  .

Summary of Service:

Prior Service:
Inactive: USMCR (DEP)				19921215-19930126 
Active:        		               		19930127-19961119 HON
Active:        		               		19961120-20000807 HON
Period of Service Under Review:
Date of Enlistment:  				20000808     
Years Contracted:  				; 14 MONTH EXTENSION      
Date of Discharge:				20041117     
Length of Service:				04  Yrs  03  Mos  09  Days
Time Lost During This Period:			
Days Unauthorized Absence:			NONE
Days Confinement:				NONE

Education Level:  				
Age at this Enlistment:  				
AFQT:  						NOT FOUND IN RECORD
MOS:						0311/8152
Highest Rate/Rank:				SGT

Performance Evaluation Averages (number of marks):
Proficiency: 					NOT FOUND IN RECORD					
Conduct:					NOT FOUND IN RECORD				     

Fitness reports were available to the board for review for service as E-5/Sergeant or higher:   

Awards and Decorations (as listed on the DD Form 214):
MARINE CORPS GOOD CONDUCT MEDAL (3D AWD), NAVY AND MARINE CORPS ACHEIVEMENT MEDAL, NATIONAL DEFENSE SERVICE MEDAL (2D AWD), HUMANITARIAN SERVICE AWARD (2D AWD), NAVY AND MARINE CORPS OVERSEAS SERVICE RIBBON (2D AWD), SEA SERVICE DEPLOYMENT RIBBON (4TH AWD), ARMED FORCES EXPEDITIONARY MEDAL (2D AWD) (BOSNIA, SOMALIA), ARMED FORCES SERVICE MEDAL (2D AWD), NATO MEDAL, COAST GUARD MERITORIOUS UNIT COMMENDATION, NAVY UNIT COMMENDATION, JOINT MERITORIOUS UNIT AWARD, NAVY MERITORIOUS UNIT COMMENDATION, LETTER OF APPRECIATION, MERITORIOUS MAST (2D AWD), LETTER OF COMMENDATION, RIFLE QUALIFICATION BADGE (EXPERT) (4TH AWD), PISTOL QUALIFICATION BADGE (SHARPSHOOTER). 

Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

20000808:	Reenlisted this date for a term of 4 years.
 
20030622:	Counseling:  Advised of deficiencies in performance and conduct (Your continued financial irresponsibilities and withholding information from the command about your continued financial problems.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

20031210:	Counseling:  Advised of deficiencies in performance and conduct (Your continued financial irresponsibilities, specifically, writing checks with insufficient funds and not paying your bills on time.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

20040302:	Counseling:  Advised of deficiencies in performance and conduct (Fraternization/judgment, specifically borrowing money from subordinates in the amount of $1000.00 from a Cpl, and $600.00 from a LCpl on two different occasions.  Both Marines were directly under your supervision resulting in a direct violation of the UCMJ.  In addition to this you have been previously counseled for your conduct financial irresponsibilities.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

20040309:	Counseling:  Advised of deficiencies in performance and conduct (Concerning assignment to the Marine Corps BCP.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

20040806:	NJP for violation(s) of UCMJ:
	Article 86: On or about 20040722, without authority, fail to go at the time prescribed to his appointed place of duty, to wit: Substance Abuse Rehabilitation Program at 0730.
	Article 112: On or about 20040722, found drunk while on duty as a patient for Level II Substance Abuse Rehabilitation Program at the U.S. Naval Hospital with a Blood Alcohol Content of .169.
	Award:  Forfeiture of $945.00 for 2 months (suspended for 6 months), restriction and extra duty for 45 days, reduction to E-4, and to be orally reprimanded.
	Not appealed.

20040806:	Counseling:  Advised of deficiencies in performance and conduct (Recent NJP on Art. 86 and 112.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

20040809:	Counseling:  Advised of deficiencies in performance and conduct (Level II Substance Abuse Rehabilitation failure), necessary corrective actions explained, sources of assistance provided, and advised being processed for administrative discharge action.

20040820:	NJP imposed and suspended on 20040806 for a period of 6 months is hereby vacated and the punishment is ordered executed this date 20040820.

20040915:	Counseling:  Applicant counseled concerning eligibility for substance abuse treatment.  Applicant advised that treatment is available at  the local Veterans Assistance (VA) Office closest to his place of residence after separation.  Applicant provided with information on VA Office closest to his residence.

Elements of Discharge:  [INVOLUNTARY]

Discharge Process:				NOT FOUND IN RECORD
Date Notified:					NOT FOUND IN RECORD     
Basis for Discharge:				NOT FOUND IN RECORD

Least Favorable Characterization:			NOT FOUND IN RECORD
Commanding Officer’s Intended Recommendation:	NOT FOUND IN RECORD
Date Applicant Responded to Notification:		NOT FOUND IN RECORD     
Rights Elected at Notification:
Consult with Counsel			NOT FOUND IN RECORD
Administrative Board			NOT FOUND IN RECORD
Obtain Copies	  			NOT FOUND IN RECORD
Submit Statement(s) (date)			NOT FOUND IN RECORD       
GCMCA Review				NOT FOUND IN RECORD

Recommendation of Commanding Officer (date):	NOT FOUND IN RECORD       
SJA review (date):				NOT FOUND IN RECORD       
Discharge directed by (date):			NOT FOUND IN RECORD     
Narrative reason directed:				NOT FOUND IN RECORD
Characterization directed:				NOT FOUND IN RECORD
Date Applicant Discharged:			20041117     

Additional Information Considered by Board

Type of documentation submitted by the Applicant and considered by the Board
       
       	Document Type					#Pages
       Related to Period of Service Under Review:
	Service/Medical Record:				2     
	Other Period of Service:				0     
       Related to Post-Service Period:
	Community Service:				0     
	Education:					0     
	Employment:					0     
	Health/Medical:					0     
	Character Statements:				0     
	Criminal Records Checks:				0     
	Additional Statements from Applicant:		0     
        Other Documentation (Describe Below)			0     

        Total Number of Pages:				2     

       Description of Other Documentation:
       	     

Applicant’s Issues as Summarized by the Board:
1.  Requests an upgrade in order to provide a better lifestyle for his family by improving his employment opportunities.
2.  Prior records will show that he was never in trouble.

Issue 1:   either  which the Board cannot form the basis of relief for the Applicant, or  the Board does not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to the Addendum regarding .  

Decisional Issues:

Issue 2 ().   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.  A general 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 3 retention warnings for financial irresponsibility and fraternization and nonjudicial punishment proceedings for violations of Articles 86 and 112 of the UCMJ.  Violation of UCMJ Article 112 is considered a serious offense for which a punitive discharge is authorized if adjudged by a special or general court martial.  In the Applicant’s case, his violation of UMCJ Article 112 while attending a Level II Substance Abuse Rehabilitation Program met the criteria for alcohol rehabilitation failure, which provided the basis for his administrative separation.  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.

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

Minority Opinion

None

Pertinent Regulation/Law

A.  The Marine Corps Separation and Retirement Manual, (MCO P1600.19F), effective 01 Sep 2001 until Present, Paragraph 6209, ALCOHOL REHABILITATION FAILURE.

B.  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 V, Para 502, Propriety and Para 503, Equity.

C.  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 112 (Drunk on duty.)
ADDENDUM:  Information for the Applicant

Complaint Procedures:  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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 1332.28 and other Decisional Documents by going online at “http://Boards.law.af.mil”.

Additional Reviews:  Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the 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 additional evidence related to this discharge.  Representation at a personal appearance hearing is recommended but not required.  If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits:  The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board.  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.

Employment/ Educational Opportunities:  The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  

Reenlistment/ RE-code:  Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Medical Conditions and Misconduct:  DoD disability regulations do not preclude a disciplinary separation.  Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons.  Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended.  The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record.  Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.”  Only the Board for Correction of Naval Records can grant this type of narrative reason change.  

Automatic Upgrades - There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  

Issues Concerning Bad-Conduct Discharges (BCD) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief.  With respect to a discharge adjudged by a court-martial, 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.  

Board Membership:  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