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

 
ex-PFC, USMC
Docket No. MD04-00823

Applicant’s Request

The application for discharge review was received on 20040422.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  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 20041022.  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.  “My issue is that I had a clear and documented pattern of alcohol abuse, which was addressed and not treated.  All three of my NJP’s and Page 11 entries were a result of alcohol abuse.  I completed the Alcohol Impact Course successfully after the first NJP.  After the second NJP I was sent back to the substance abuse counselor where I was asked if I thought I had a problem with alcohol.  I responded no and asked my counselor if he thought I had a problem.  He stated yes but would not document such because of my denial to my problem. As you will see from my record, my first four years of service was honorable, but after reenlisting, a dramatic and noticeable change occurred due to binge drinking.  This also incited depression, which is documented in my medical records.  Since being discharged, I have had great support from my good friends that I’ve made in the Corps and local church group in recovering from my addiction.  I love the Marine Corps and am proud to have served with the best men and women in the country.  Thank you for your time and consideration.”

Documentation

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

Police Records Check, 040524
Ltr from L_S_, Camden Security
Transcript, Community College of Southern Nevada

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		970916 - 010903	HON
	Inactive: USMCR(J)		970218 - 970915	COG

Period of Service Under Review:

Date of Enlistment:  010904		Date of Discharge:  021029

Length of Service (years, months, days):

	Active:    01  01  25
	Inactive:  None

Age at Entry:  18			Years Contracted:  3 

Education Level:  12			AFQT:  52

Highest Rank:  Sgt			MOS:  5526

Final Enlisted Performance Evaluation Averages (number of marks):

Fitness Reports from 010904 – 021029 were available to the board for review.  

Military Decorations:  None

Unit/Campaign/Service Awards:  NAM, NDSM, GCM, MUC, LOA (2)

Days of Unauthorized Absence:  None

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:

020119:	Counseled for deficiencies in performance and conduct.  [UA from appointed place of duty on 7 Jan 02.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020401:	Medical Evaluation:
		AXIS I:  Adjustment disorder w/ depressed mood
		AXIS IV:  Moderate with occupational difficulties
		AXIS V: GAF 55
Recommendation:  Patient to follow-up w/ SACO for alcohol abuse evaluation.  Patient to follow up w/ Dr. M_ at K Bay Mental Health Clinic.

020403:	Medical Evaluation:  [23 yo male mildly depressed mood and alcohol abuse due to being frustrated about usmc, seeks discharge.  Not suicidal though may make suicidal threats or gestures to effect d/c from usmc.  He is responsible for his actions and should be held accountable to the same.]

020409:	NJP for violation of UCMJ, Article 86 (2 specs):
Specification 1:  15 Mar 02 absent from appointed place of duty.
Specification 2:  8 Apr 02 absent from appointed place of duty.
Article 134.  Wrongfully consume alcohol while on duty.
Awarded forfeiture of $840.00 per month for 2 months, restriction and extra duties for 45 days.  Red E-4. Not appealed.

020411:	Counseled for deficiencies in performance and conduct.  [You were found drinking alcohol before a (public musical) performance.  You were also UA from two occasions.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020513:	Counseled for deficiencies in performance and conduct.  [On 6 Apr 2002 by being intoxicated and stating to a SNCO: “I will suck your penis.  I will do anything to get out of the Marine Corps early.”  Then looking over the SNCO’s shoulder and stating:  “Look at that monster.”]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020827:	NJP for violation of UCMJ, Article 86 (2 specs):
Specification 1:  10 Jun 02, absent from appointed place of duty.
Specification 2:  27 Jun 02, absent from appointed place of duty.
Awarded forfeiture of $734.00 per month for 2 months, restriction and extra duties for 45 days, 1 mo forf susp 6 mos, red E-3.  Not appealed.

020828:	Counseled for deficiencies in performance and conduct.  [Failure to report to your appointed place of duty at 0745 on 10 June 02 and at 0630 on 27 June 2002.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020905:	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 your numerous violations of the UCMJ..

020906:	Applicant advised of 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.

020906:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.  [The basis for this recommendation is his numerous violations of the UCMJ to include three specifications of unauthorized absence, as supported by his three page 11 entries and his non-judicial punishments on 020409 and 020827.]

020910:	DD Form 2697, Block 20: [Psychiatric Issues have effectively resolved since learning of his admin sep.]

020919:	SJA recommends suspending Applicant’s discharge six months.

020923:	CG MCB HAWAII suspends Applicant’s under other than honorable discharge by reasons of misconduct due to a pattern of misconduct for a period of six months.  

021017:	NJP for violation of UCMJ, Article 111:  on or about 021012 apprehened by Military Police and had a BAC of .164%.
Awarded forfeiture of $619.00 per month for 2 months, restriction and extra duties for 45 days, red E-2 Not appealed.

021017:	Applicant notified of intended recommendation for vacation of suspended discharge due to your continued misconduct as evidenced by your driving under the influence on 12 October 2002.

021017:	Applicant advised of rights and having elected not to consult elected to waive all rights except the right to obtain copies of the documents used to support the proposed discharge.

021017:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.  [The respondent was the subject of administrative discharge proceedings in September 2002.  The Commanding General suspended an under other than honorable discharge for a period of six months on 23 September 2002.  The basis for this recommendation is his driving under the influence (BAC .164% on 12 October 20002 and subsequent non-judicial punishment of 17 October 2002.]

021022:	Applicant meets criteria fro Alcohol Abuse but declined treatment.

021025:	SJA review determined the case sufficient in law and fact.

021029:	GCMCA [CG MCB HAWAII] 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 20021029 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 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 three nonjudicial punishment proceedings for seven violations of Articles 86, 111 and 134 of the UCMJ.  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 problems in the Marine Corps can be attributed to his "alcohol abuse."  While he may feel that his abuse of alcohol was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service.  The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions.  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 P1900.16F), 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 111, drunken driving.

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 view DoD Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.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:

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