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Docket No. MD99-00290

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

 ex-1stLT, USMCR
Docket No. MD99-00290

Applicant’s Request

The application for discharge review, received 981218, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant listed the American Legion as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 991130.  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/RESIGNATION IN LIEU OF TRIAL BY COURT-MARTIAL, authority: MARCORSEPMAN Par. 4104.

The NDRB did note an administrative error on the original DD Form 214.  Block 28, Narrative Reason for Separation should read:  “RESIGNATION IN LIEU OF TRIAL BY COURT-MARTIAL” vice “RESIGNATION”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  (Equity Issue) This former member opines that alcohol dependence impaired his ability to serve and sufficiently mitigated his misconduct of record to warrant separation under honorable conditions.

2.  (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174c, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application.

Documentation

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

VA Outpatient Clinic Statement dated Nov 18, 1998 concerning Applicant
Applicant's undated letter to the Board
Character Reference from Central Baptist Church dated mar 3, 1998
Applicant's Supervisor letter of Jun 6, 1998
Applicant's Counselor from Mission Metroplex letter of Dec 10, 1997
Applicant's Spouse undated letter
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		920607 - 920813	Commission
	Inactive: USMCR(C)		911005 - 920606	To attend OC School

Period of Service Under Review:

Date of Commission:  920814		Date of Discharge:  960930

Length of Service (years, months, days):

	Active:    04  01  014
	Inactive:  None

Age at Entry:  23			Years Contracted:  8

Education Level:  16			AFQT:  N/A

Highest Rank:  1stLT

Final Officer Performance Evaluation Averages:  All officer performance reports were available to the Board for review.

Military Decorations:  None

Unit/Campaign/Service Awards:  RSB, PSB, NDSM, SSDR, MUC, COC

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/RESIGNATION IN LIEU OF TRIAL BY COURT-MARTIAL, authority:  MARCORSEPMAN Par. 4104.

Chronological Listing of Significant Service Events:

9509XX:	NJP for violation of UCMJ, Article 92: On 9 Sep 95 apprehended by the military police for driving while under the influence of alcohol (BAC .09%)
Awarded punitive letter of reprimand at Bn Cmdr NJP.
[Extracted from Applicant’s Fitness Report 950718 - 960112.]  

960130:	Applicant rebutted his Fitness Report for the period 950718 - 960112 explaining the incident that resulted in NJP action. 

960403:	Medical Officer diagnosis:  dependence with physiological dependence.
		Recommendation:  Level III Inpatient Treatment.

960426:	Applicant request for resignation.  [Extracted from CMC msg 310615Z JUL 96]

960731:	CMC accepted member's resignation and directed the discharge with effective date of 30 Aug 96 under other than honorable conditions due to resignation in lieu of court martial.

960807:	CO, 3^RD FSSG advised officer that his request for discharge was approved and directed his transfer to CG, MCB, Camp Pendleton, CA for separation processing.

960820:	CG MCB Camp Pendleton CA requested discharge be modified to 
30 Sep 96 due to officer presently attending Level III treatment with an estimated completion date of 20 Sep 96.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960930 under other than honorable conditions by reason of resignation in lieu of trial by court-martial (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).

The applicant’s representative submitted the following as issue 1: (Equity Issue). This former member opines that alcohol dependence impaired his ability to serve and sufficiently mitigated his misconduct of record to warrant separation under honorable conditions.  The NDRB does acknowledges that alcohol dependence did impair the applicant’s ability to serve.  However, this acknowledgement does not preclude the applicant from obeying regulations; especially when the orders violation occurs more than once.

The applicant’s representative submitted the following as issue 2: (Equity Issue).
This former member further requests that the Board include provisions of SECNAVINST 5420.174c, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application.  The NDRB found that there is not sufficient post-service accomplishments to warrant a discharge upgrade, at this time.  The applicant is encouraged to have a personal appearance hearing before the NDRB within 15 years from his date of discharge.  Relief is denied.

Pertinent Regulation/Law (at time of discharge)

A.  Chapter 4, Paragraph 4104 of the Marine Corps Separation and Retirement Manual, (MCO p1900.16E) effective 18 August 1995 until present, RETIREMENT OR RESIGNATION.

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. 

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, D.C.  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A3000/A9319/A9217/A9221