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

 ex-LCPL, USMC
Docket No. MD99-00858

Applicant’s Request

The application for discharge review, received 990609, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance hearing discharge review.  The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearings.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000310.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  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 – Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I feel I have done a service to my country, by participating in Desert Shield & Desert Storm.  I am a decorated vet.  Most of my problems in the Corps were alcohol/drug related.  I have been diagnosed with PTSD & am currently going to readjustment counseling.  I would over 70 hours a week trying to provide a decent living for my family.  It would be a great help if I could get upgraded & get on with my life.
Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive:  USMCR(J)		880202 - 881023	COG

Period of Service Under Review:

Date of Enlistment:  881024		Date of Discharge:  940415

Length of Service (years, months, days):

	Active:  05  05  22
	Inactive:  None

Age at Entry:  18			Years Contracted:  6

Education Level:  12			AFQT:  77

Highest Rank:  CPL

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.5 (14)		Conduct:  4.1 (14)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, CC, KLM, SSDR, SASM (2), GCM, LOA 

Days of Unauthorized Absence:  None 

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct (administrative discharge board required but waived), authority:  MARCORSEPMAN Par. 6210.3.

Chronological Listing of Significant Service Events:

880202:	Initial enlistment contract documents admission of pre-service marijuana experimentation.  Enlistment waiver granted. Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

890322:	NJP for violation of UCMJ, Article 113: Sleeping on post.
Awarded forfeiture of $125.00 per month for 2 months, restriction and 
extra duties for 15 days.  5 days restriction and extra duties suspended for 6 months unless sooner vacated. Not appealed.

900215:	Counseled for deficiencies in performance and conduct, specifically failure to obey orders in a timely manner and blatant disrespect to an NCO.  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

911009:	Counseled for deficiencies in performance and conduct, specifically alcohol related incident; driving under the influence with a BAC .80% or more. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

911108:	Successfully completed Level II treatment program. 

920615:	NJP for violation of UCMJ, Article 134: Was disorderly by being combative and belligerent toward MP’s.
	Award:  Forfeiture of $225 per month for 1 months, extra duty for 14 days. Forfeiture suspended for 6 months unless sooner vacated.  Not appealed.

921030:	Not recommended for promotion to CPL for Nov92 because of recent NJP.

921117:	Not recommended for promotion to CPL for Dec because of recent NJP.

921207:	Not recommended for promotion to CPL for Jan93 because of recent pg 11 entry. 

931013:	Counseled concerning deficiencies, specifically lack of professionalism and irresponsible conduct by blatant lost of military ID card. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

931021:	NJP for violation of UCMJ, Article 112a: used cocaine, a controlled substance.
	Award:  Forfeiture of $541 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3.  Not appealed.

940120:	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 numerous derogatory counseling entries and 3 nonjudicial punishments.

940120:  	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.

940120:	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 numerous derogatory counseling entries and 3 nonjudicial punishments.

940124:	SJA review determined the case sufficient in law and fact.

940127:	GCMCA [Cmdr,1st MEB] 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 940415 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).

In the applicant’s issue, the Board does not accept alcohol/drug usage as a factor sufficient to exculpate the applicant from the consequences of his misconduct.  While the Board recognizes that alcoholism and alcohol abuse are not, in themselves, offenses which constitute grounds for punishment, it reminds applicants who commit offenses while drinking that they are still responsible for their actions.  They must accept the consequences of their misconduct or misbehavior.  The use of drugs on the other hand, is a serious violation of the UCMJ and is not tolerated in the Marine Corps.  The applicant received a waiver for prior service drug usage and was aware of the Marine Corps policy on the use of illegal drug usage.  He was convicted at an NJP of cocaine use.  Relief denied.

 The following is provided for the applicant’s edification.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E).  The applicant must be aware that 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 the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB.  The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210, Misconduct, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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 [ e.g., Article 86, unauthorized absence for more than 30 days].

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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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
		Washington Navy Yard
		720 Kennon St SE Rm 309
		Washington, DC  20374-5023