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Docket No. MD05-00761

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

ex-PFC, USMC
Docket No. MD05-00761

Applicant’s Request

The application for discharge review was received on 20050328.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to “Convinces of Government”.  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 20050713.  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 characterization of and the reason for discharge shall not change.  The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct - Minor disciplinary infractions (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“1.  My records of NJP’s/Article 15’s indicate isolated or minor offenses.

2.  Financial problems impaired my ability to serve.

3.  I received awards and decorations.”

Remarks: “a reenlistment code and corresponding separation Program number to be changed.”

Documentation

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

Thirty-four pages from Applicant’s service record
Certificate of affiliation
Diploma for successful completion of the Petroleum supply specialist course, dated November 20, 1989
Certificate of completion, dated June 16, 1990
Applicant’s DD Form 214
Letter of appreciation, dated April 19, 2001
Certificate of appreciation, dated April 19, 2001
Thank you letter to Applicant, dated October 29, 1998
Certificate of achievement, dated October 1998
Achievement award, dated November 12, 1998

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		890309 - 890402	COG

Period of Service Under Review:

Date of Enlistment:  890403		Date of Discharge:  920828

Length of Service (years, months, days):

	Active:    03  04  26
	Inactive:  None

Age at Entry:  20			Years Contracted:  4

Education Level:  12			AFQT:  33

Highest Rank:  LCPL		MOS:  1391

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (13)		Conduct:  4.2 (13)

Military Decorations:  None

Unit/Campaign/Service Awards:  RMB, NDSM, SSDR, MM (4), LoA (3)

Days of Unauthorized Absence:  None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct-Minor disciplinary infractions (administrative discharge board required but waived), authority:  MARCORSEPMAN Par. 6210.2.

Chronological Listing of Significant Service Events:

900511:	Counseled for deficiencies in performance and conduct.  [Financial irresponsibility and failure to maintain available funds in my checking account to cover 1 check totaling $100.00.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900531:	Applicant informed eligible but not recommended for promotion to Lance Corporal for the month of June 1990 because of my financial irresponsibility.

900630:	Applicant informed eligible but not recommended for promotion to Lance Corporal for the month of July 1990 because of my financial irresponsibility.

900731:	Applicant informed eligible but not recommended for promotion to Lance Corporal for the month of August 1990 because of financial irresponsibility.

910530:	Applicant notified of check cashing privileges being suspended for a period of 1 year and the confiscation and reissuance of ID card with the NCC Overstamp on it.

910828:	Counseled for deficiencies in performance and conduct.  [Operating a motor vehicle (passenger) with an expired insurance sticker.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920402:	NJP for violation of UCMJ, Article 92:
Specification: Violated ABO 11101.1 by having alcohol in BEQ room located on or about 1615, 920312.
Awarded forfeiture of $440.00 per month for 2 months, extra duties for 45 days, reduction to E-2.  Forfeiture of $340.00 for 2 months and reduction suspended for 6 months.  Not appealed.

920521:	Counseled for deficiencies in performance and conduct.  [Failure to call or check-in with your section (AIROPS) which resulted in your being UA from work area.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920602:	Applicant admitted to Military Treatment Facility.  [Extracted from NAVHOSP Orlando, FL message dated 920619.]

920619:	Applicant discharged for failure to comply.  [Extracted from NAVHOSP Orlando, FL message dated 920619.]

920619:	Narrative Summary (Clinical Resume). Final diagnosis by LCDR T.A. G_, MC, USN, Head Alcohol Rehabilitation Department, Camp Lejeune, NC: Alcohol dependency.  

920625:	Counseled for deficiencies in performance and conduct.  [Failure to participate in the Level III treatment program as required by MCO 5300.12.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920626:	Vacate forfeiture and reduction awarded at CO’s NJP dated 920402.

920629:	Counseled for deficiencies in performance and conduct.  [Irresponsibility with regards to personal affairs and professional requirements.  Failure to follow instructions and be at appointed place of duty.  Intemperate use of alcohol.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920812:	Applicant notified of intended recommendation for discharge by reason of alcohol rehabilitation failure and misconduct due to minor disciplinary infractions as evidenced by one nonjudicial punishment, and other adverse entries contained on page 11 of your service record.  The least favorable characterization of service which you may receive is under other than honorable conditions.

920812:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

920817:	Commanding Officer, Marine Wing Support Squadron 274 recommended discharge under other than honorable conditions by reason of alcohol rehabilitation failure and misconduct due to minor disciplinary infractions.    

920821:	Commanding Officer, Marine Wing Support Group 27 concurs with recommendation of Commanding Officer, Marine Wing Support Squadron 274.  

920826:	SJA review determined the case sufficient in law and fact.

920826:	GCMCA, Commanding General, 2d Marine Aircraft Wing, directed the Applicant's discharge under honorable conditions (general) by reason of misconduct due to minor disciplinary infractions.

030312:	BCNR decision, docket 865-02:  Application denied.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19920828 under honorable conditions (general) for misconduct due to minor disciplinary infractions (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).

Issues 1 and 3.   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 5 retention warnings and a nonjudicial punishment proceedings for violation of Article 92 (failure to obey order, regulation) of the UCMJ.  The suspended forfeiture and reduction awarded at the NJP were subsequently vacated due to continued misconduct.  In addition, the Applicant was diagnosed as alcohol dependent by competent medical authority and was subsequently discharged from a Level III treatment program for failure to comply.  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 U.S. Marine Corps and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

Issue 2.  The Applicant contends that his problems in the Marine Corps can be attributed to his “financial problems."  While he may feel that his financial problems were 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 summary of service clearly documents that misconduct- minor disciplinary infractions, was the reason the Applicant was discharged.  No other Narrative Reason for Separation more clearly describes why the Applicant was discharged.  To change the Narrative Reason for Separation would be inappropriate.  Relief based on this issue is not warranted.

Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question.  The Board discovered no impropriety after a review of Applicant’s case.  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 civilian life subsequent to leaving Naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of alcohol rehabilitation and certification of non-involvement with civil authorities.  As of this time, the Applicant has not provided sufficient documentation for the Board to consider.  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.  The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time.  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 P1900.16D), 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 92, failure to obey order, regulation.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

E.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 “http://Boards.law.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:

		Secretary of the Navy Council of Review Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  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.