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

 ex-Pvt, USMC
Docket No. MD00-00477

Applicant’s Request

The application for discharge review, received 000301, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested 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 000928.  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, authority:  MARCORSEPMAN Par. 6210.6.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I am very sorry I am not able to continue my service in the Marine Corps.  I had many difficulties adjusting to military life.  I am moving on.  I will be attend Hucken Valley Community College with a transfer to Rennseleor Polictecnic Institute pending a 3.0 gpa after 2 years.  I am to study aeronautical engineering and continue my love for aviation.  I need my GI Bill to accomplish this goal.  I would also like my records to reflect honorable service.  I am gainfully employed at the taco bell restaurant next to HVCC and I will be promoted to manager within the months.  I appreciate you consideration on this matter.

Documentation

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

Reference Letter from Capt S___ P. S___ USMC.
Reference Letter from Capt B___ P. R__  USMC.
Copy of DD Form 214
Reference Letter from Maj G___ M. R____ USMC. 

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		920402 - 930215	COG

Period of Service Under Review:

Date of Enlistment:  930216		Date of Discharge:  990524

Length of Service (years, months, days):

	Active:    06  02  14
	Inactive:  None

Age at Entry:  18			Years Contracted:  6 

Education Level:  12			AFQT:  79

Highest Rank:  SGT

Final Enlisted Performance Evaluation Averages: NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Expert Badge, Pistol Expert Badge, NDSM, GCM, SSDRw1*, MUC, Certificates of Commendation (3), Meritorious Mast (5) 

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. 6210.6.

Chronological Listing of Significant Service Events:

960913:	Counseled for deficiencies in performance and conduct.  [Misconduct as an NCO.  On 960912 at approx 2045 Sgt V___ was involved in a disturbance at barracks 2408 involving obnoxious noise and the breaking of bottles (beers).  Two squadron NCO's Sgt W____ and M_____ accosted Sgt V____ about the noise and broken glass asking him to keep it down and pick up the glass.  Sgt V___ was defiant.  Sgt M____ at that point called the squadron duty officer.  Sgt V____ has shown a history of conduct problems ranging from personal appearance to financial obligation failure.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

970930:	NJP for violation of UCMJ, Article 134: Disorderly and drunkenness at "My House" Restaurant near gate 1 of MCAS Futenma at or about 0100, 970920.
	Award:  Forfeiture of $670.00 pay per month for 1 month, restriction for 60 days, reduction to E-4 (suspended for 6 months).  Not appealed.

971204:	Counseled for deficiencies in performance and conduct.  [On 971122 you broke restriction by both failing to report to muster at 0700 and also by residing in town.  Upon your arrival at the squadron, you gave false official statements to a commissioned officer by lying to him as to the reason you broke restriction.  Furthermore after providing you story you attempted to collaborate the story with a LCpl thus constituting conspiracy].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

980106:	NJP for violation of UCMJ, Article 107: Made false statement to Major R____ at hmla-169, MAG-39, 3D MAW, violation of UCMJ Article 134: Broke restriction muster by leaving Camp Pendleton and missing morning muster.
	Award:  Forfeiture of $300.00 per month for 2 months (suspended for 3 months), restriction and extra duty for 30 days (11 days restriction and 11 days extra duty suspended for 3 months), reduction to E-3.  Not appealed.

990329:	Summary Court-Martial.
	Charge I:  violation of the UCMJ, Article 89: Disrespect to commissioned officer.  Charge II: violation of the UCMJ, Article 111: (2 Specifications), Specification 1: Driving with BAC 0.08 or greater on 990116, Specification 2: Driving while drunk on 990116.  Charge III: violation of the UCMJ, Article 134: Drunk and disorderly on 990116.
	Finding:  to Charge I and the specification thereunder, guilty.  Charge II and specifications 1 and 2 thereunder, guilty,  Charge III and the specification thereunder, guilty.
	Sentence:  Confinement for 30 days, forfeiture of $639.00, reduced to E-1.
	CA action 990329:  Sentence approved and ordered executed.

990329:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

990329:  	Applicant advised of his rights and having elected 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.

990423:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.  The factual basis for this recommendation was documented by your Summary Court Martial conviction for disrespect toward a superior commissioned officer, drunk and disorderly conduct and drunken operation of a vehicle. 

990511:	SJA review determined the case sufficient in law and fact.

990514:	GCMCA [Commanding General, 3d Marine Aircraft Wing] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 990524 under other than honorable conditions for misconduct due to the commission of a serious offense (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 response to the applicant’s issue wherein he states that he would “like my records to reflect honorable service”, the Board found the applicant had been counseled for misconduct as an NCO.  In addition, the applicant received non-judicial punishment for drunken and disorderly, for breaking restriction, false official statements and a summary court-martial for disrespect to a commissioned officer, drunk driving and drunk and disorderly.  This misconduct does not reflect honorable conduct and the applicant has not submitted any documentation of post-service accomplishments.

The applicant also stated that he “had many difficulties adjusting to military life”. The NDRB recognizes that serving in the Marine Corps is very challenging.  Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country.  It must be noted that most Marines serve honorably and well and therefore earn honorable discharges.   In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due.  While the NDRB respects the fact that the applicant tried, his service is equitably characterized as being performed under other than honorable conditions. Relief is not warranted.

The following is provided for the applicant’s edification.  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, can be considered.  In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships.  NDRB experience has shown that applicants with less than five years sobriety usually have not had sufficient opportunity to demonstrate continuing, positive contributions to society.  The applicant is reminded that he remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at a personal appearance hearing is highly recommended.  The possibility of favorable action in the applicant’s case will increase with the amount of time he maintains an alcohol free lifestyle.  Verifiable documentation of such a lifestyle is essential.  The applicant is encouraged to continue with his pursuits, remain sober, and apply for a personal appearance hearing prior to 24 May, 2014. 

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210, MISCONDUCT of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 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 89, disrespect to a commissioned officer.

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