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

 ex-PVT, USMC
Docket No. MD04-00861

Applicant’s Request

The application for discharge review was received on 20040427.  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 discharge was inequitable because during my time in the Marines I was never a bad Marine, or got into any major type of trouble, but what Marines do.  I am and was an outstanding Marine with a drinking problem which somewhat exist till this day.  And as a 0100 for 3D Intel Bn I know that my discharge was to be listed under a General because of this problem.  My unit tired to help me and I tried to help myself.  But I did not give up on me…. My main reason for wanting this change is because the VA does not claim me as a veteran, and I need that to get a grant this year to go to school.  And as bad as I want to go to school, I want more to be called a veteran.  I do believe I earned that.”

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:   None
	Inactive: USMCR(J)		990831 - 000221	COG

Period of Service Under Review:

Date of Enlistment:  000222		Date of Discharge:  010629

Length of Service (years, months, days):

	Active:    01  04  08
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  65

Highest Rank:  PFC			MOS:  0151

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.8 (4)			Conduct:  4.0 (4)

Military Decorations:  None

Unit/Campaign/Service Awards:  OSR

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:

000808:	NJP for violation of UCMJ, Article 92:
Specification:  Consuming alcohol under age of 21 years.  
Awarded forfeiture of $200.00 per month for 2 months, restriction and extra duties for 30 days, reduction to Private.  Reduction of $200 for 1 month and 30 days restriction suspended for 3 months.  Not appealed.

000808:	Counseled for deficiencies in performance and conduct.  [Your unsatisfactory conduct on 000805 by drinking while under age.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010109:	NJP for violation of UCMJ, Article 92:
Specification:  Consuming alcohol under age of 21 years.  
Awarded forfeiture of $263.00, restriction and extra duties for 14 days (all suspended for 3 months).  Not appealed.

010111:	Counseled for deficiencies in performance and conduct.  [Your pattern of misconduct, specifically your two NJPs dated 8 Aug 00 and 9 Jan 01.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010330:	Applicant completed 20 hour Alcohol IMPACT class.  
		AXIS I:  Alcohol Abuse
		AXIS II:  Deferred

010412:	NJP imposed and suspended on 010109 vacated and ordered executed.

010418:	Counseled for deficiencies in performance and conduct.  [On your misconduct specifically your involvement in the incident that took place in Okinawa City on 31 Mar 01 in which you were arrested by the Japanese Police for destruction of private property and drunk and disorderly conduct.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010418:	NJP for violation of UCMJ, Article 92:
Specification 1:  Consuming alcohol under age of 21 years.  
Specification 2:  Leaving Camp Hansen without a Liberty Buddy.
Awarded reduction to Pvt, 45 days restriction and forfeiture of $521.00 per month for 2 months.

010424:	Counseled for deficiencies in performance and conduct.  [Your pattern of misconduct, specifically your 3 NJP’s].

010501:	Applicant completed outpatient treatment.

010601:	NJP for violation of UCMJ, Article 86:  Unauthorized absence from appointed place of duty; violation of UCMJ, Article 92:  Accessed and stored pornographic material on his military computer and unit network; violation of UCMJ, Article 93:  Derelict in his duties by accessing internet for other than military purposes; violation of UCMJ, Article 134:  broke restriction. 
Awarded extra duties and restriction for 45 days.  Not appealed.

010601:	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 four derogatory page 11 entries and three nonjudicial punishments.

010601:	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.

010601:	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 was four derogatory page 11 entries and three nonjudicial punishments.   

010619:	Medical Diagnosis:  
		AXIS I:  Alcohol Abuse
		AXIS II:  PD NOS w/ anti-social traits
		AXIS IV:  Occupational problems
Comments:  Strongly recommend expeditious admin separation due to 4 previous NJP’s and PDNOS.

010622:	SJA review determined the case sufficient in law and fact.

020625:	GCMCA [CG III MEF] 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 20010629 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.  The Applicant contends that he was and is an outstanding Marine and is therefore entitled to an upgrade.  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.  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 four nonjudicial punishment proceedings for eight violations of Articles 86, 92, 93 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 “drinking problem.”  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 Veterans Administration determines eligibility for post-service benefits not the Navy 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.  Additionally, 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 on the propriety and equity of the discharge.  

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 01. 

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 92, failure to obey an order or regulation.

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