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USMC | DRB | 1999_Marine | MD99-00732
Original file (MD99-00732.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD99-00732

Applicant’s Request
The application for discharge review, received 990430, 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. Subsequent to the application for review, the applicant requested a personal appearance hearing in lieu of the originally requested documentary review with representation by the AMERICAN LEGION.

Decision

A personal appearance hearing was conducted in Washington, D.C. on 000605. 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, at the time of discharge. The Board determined the applicant made significant changes in her lifestyle and demonstrated she is a person of good character. The result of the Board’s deliberation was 3 votes for upgrading the applicant’s discharge to under Honorable conditions (General) and 2 votes for an upgrade to Honorable. The discharge shall change to: UNDER HONORABLE CONDITIONS (GENERAL)/Secretarial Plenary Authority, authority: MARCORSEPMAN Par. 6214

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1. I feel that the discharge I received was improper in relation to the violations that were committed. During the days of my early enlistment in the Marine Corps, I found myself to have gotten into some undesirable situations which were not in compliance with military standards. I realize that I am responsible for my own actions, but I feel some of the stressors I encountered during my tour of duty at MCAS(H) Chapel, Tustin, CA contributed to the decrease in my performance as a Marine.

2. One of the major stressors I encountered was being constantly harassed by my NCOIC P03 Gene Moseley. I remember he was continuously making sexual comments and gestures towards me. These remarks and gestures made me feel extremely uncomfortable to the point that I felt out of place and inferior. I was young, naive, and inexperienced with dealing with life. I didn't know whom to turn to about this so I took comfort in my peers who showed me how to deal with my problems by escaping them through the use of alcohol. Consuming more and more alcohol as time went on I found myself to be getting caught up in unfortunate situations that contributed to my poor performance as a Marine. While working at the Chapel my rank went from an E-3 to an E-1. But before all this stuff was going on I was a good Marine. I made E-3, I got a good conduct medal, I was being considered for Marine of the Month, there was talk about me being meritoriously promoted to E-4. I had a lot of good things going on till bad things started happening while I was at the Chapel.

3. Another stressor I encountered was the work environment at the Chapel; it was undesirable at best. The Chapel was short of staff on a regular basis. My Officer in Charge, Chaplain Linzey was slowly driving the Chapel into financial ruin due to his lack of leadership abilities. The Chapel was running off of chaos. The Chapel staff was working nights and weekends seven days a week for many months without getting any time off. The Chapel was slowly disintegrating and nobody was doing anything to help not even my -Marine OIC till it was too late. This stress took its toll on me adding to my already bad situation of being harassed. I remember complaining about the poor working conditions at the chapel to my fellow Marines and everyone just ignored me till I took action, the wrong action of course. I went UA. After that my SNCOIC and OIC started listening to what I was saying and not what I was doing. I was finally pulled from the Chapel and was sent to my squadron office for duty. I worked at the squadron office for 6-8 weeks. During this time I was told by Warrant Officer Perez that because of my good conduct/behavior that I exhibited while at the S.O. Major North, my OIC, would stop my discharge process and would like me to continue on as a Marine. I declined, I gave up, I was beaten down so much emotionally at this time that I felt that I had to get out to save myself from ruin. Shortly after my discharge from the Marine Corps the Chapel was shut down.

4. I feel I was the victim of circumstances I take full responsibility for the harm I caused the Marine Corps with my misconduct, but I also believe that the Corps/ Navy should take its responsibility for the harm it has caused me.

5. The misconduct I exhibited while in the Corps was greatly due to my lack of not knowing how to cope with these life problems that were handed to me. Unfortunately this misconduct lead to two Non-Judicial Punishments with in a 2-3 month period. During this time I was offered some help from the Corps -a 5 day course on substance abuse which I successfully completed. Unfortunately these courses were not enough to help me through my personal problems. At this point I remember specifically asking my First Sergeant (Delaney) that I felt I required more assistance with my personal problems. I had asked for in-patient treatment for my drinking problem. I was told that I would not be receiving any more assistance for my problems and that I would be processed for discharge.

6. A few years after I was discharged from the Marine Corps I sought treatment in the civilian world and was diagnosed with Major Depression and Alcohol Dependence. I feel that if my problems would have been addressed while I was in the Marine Corps instead of them being swept under the carpet, I could have been a successful, productive, and responsible Marine. I could have finished out my enlistment and I would not have received the discharge of "Other Than Honorable". I say that because since I have received help and have continued to improve my life I have made many accomplishments. I have graduated from nursing school and I currently work on a Psychiatric/Substance Abuse ward. I am currently enrolled at East Carolina University where I am studying Social Work. I plan on continuing my education until I have completed a Masters in Social Work. I am interested in devoting my time and effort into working with Veterans who are as unfortunate as I use to be. Volunteering my time to helping the less fortunate in my Community is one way that I feel I am a productive member of society. And today I comply with society's norms. I hope that you will take these issues into utmost consideration when making your decision for possibly upgrading my discharge. Thank you for your time.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Psychiatric Evaluation (3pgs)
Copy of Reference Letter
Copy of Character Reference Letters (2)
Copies of DD Form 214 (3)
Copies from service record (15pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                820331 - 830131  COG

 Period of Service Under Review :
Date of Enlistment: 830201               Date of Discharge: 840906

 Length of Service (years, months, days):

         Active: 01 07 06
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

Education Level: 12                        AFQT: 59

 Highest Rank: LCPL

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMA                  Conduct: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 15

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

UNDER CONDITIONS OTHER THAN HONORABLE /Separation in lieu of trial by court-martial, authority: MARCORSEPMAN Par. 6419.

 Chronological Listing of Significant Service Events :

840106:  Counseled concerning unsatisfactory performance while assigned to the squadron remedial physical training platoon.
840412:  NJP for violation of UCMJ, Article 86:
 Without authority absent herself from her unit, to wit: HQHQRON, MCAS (H), Tustin, CA from 0801, 840326 until 1650, 840410(15 days/S).
Awarded forfeiture of $334.00 per month for 1 month (suspended for 6 months), restriction and
extra duties for 30 days (suspended for 6 months), reduction to E-2. Not appealed.
840515:  Suspension of NJP imposed and suspended on 840412, for a period of 06 months, is hereby vacated and the punishment is ordered executed.
840516:  NJP for violation of UCMJ, Article 86: ( 6 Specifications), without authority, fail to go at the time prescribed to her appointed place of duty, to wit: Station Chapel, 840413, 840415, 840422, 840427, 840511, and 840513, violation of the UCMJ, Article 92: Failed to obey a lawful order by having a male in her assigned room of barracks #86.
 Awarded forfeiture of $286.00 per month for 2 month (suspended for 6 months), restriction for 30 days (suspended for 6 months),
extra duties for 30 days ), reduction to E-1 (suspended for 6 months) . Not appealed.
840517:  Counseled for deficiencies in performance and conduct. Your misconduct, unauthorized absence (NJP 840415; Unauthorized absence, failure to obey a lawful order (NJP 840516). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

840530:  Suspension of NJP imposed and suspended on 840516 for a period of 6 months is hereby vacated and the punishment is ordered executed.

850705:  Civil conviction for driving under the influence (23152a) open container (23223) and unnatural conduct (31)
 Sent: $851.00 fine, attend 20 AA meetings, not to drive a motor vehicle until 840927, report back to court on 851004, fines stayed until 841005.

 850723:  Applicant, having consulted with counsel certified under UCMJ, Article 27b, requested discharge for the good of the service to escape trial by court-martial. In the request the applicant noted that her counsel had fully explained the elements of the offenses for which she was charged and that she understood the elements of the offenses. She further certified a complete understanding of the negative consequences of her actions and that characterization of service would be under Other Than Honorable conditions. The applicant admitted guilt to violations of the UCMJ.

840814:  SJA review determined the case sufficient in law and fact.

840827:  GCMCA [Commander, Marine Corps Air Base, Western Area, El Toro (Santo Ana)] determined that applicant had no potential for further service, that separation in lieu of trial by court-martial was in the best interest of the service, and directed discharge under conditions Other Than Honorable by reason of conduct triable by courts-martial.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 840906 under conditions Other Than Honorable 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), at the time of discharge. The Board determined, since the applicant’s discharge, she has made significant improvements in her lifestyle, which warrant an upgrade to her discharge. She is remorseful for her misconduct, is successfully combating her alcoholism and continues to perform the volunteer work she began during her college social work studies. The results of the Board’s deliberations determined the applicant’s discharge shall be upgraded to under Honorable conditions (General). Although the applicant has established a reputation of good character, during her post military service period, her accomplishments are not of sufficient magnitude to warrant an upgraded of her discharge to Honorable. Relief granted.

In the applicant’s issues 1, 2 and 3, the Board determined these issues are without merit. The applicant claims her discharge was improper because her tour of duty at the Chapel contributed to her misconduct. She states she was constantly harassed by her NCIOC, her friends introduced her to alcohol to combat her stress, and the work environment at the Chapel (working seven days a week, and short staffed) were major contributors to her stress and eventual misconduct. The applicant places blame for her problems on the shoulders of everyone except herself. She is ultimately responsible for her actions, regardless of the outside influences. Relief denied.

In the applicant’s issue 4, the Board determined this is a non-decisional issue. No further comments are required. Relief denied.

In the applicant’s issue 5, the Board determined this issue is without merit. The applicant claims she didn’t know how to cope with life’s problems and was not given any help. The applicant passed entrance exams and was advanced to Lance Corporal with no difficulty. Her problems began when she made a conscious decision to drink alcohol to excess, to the point that it began effecting her work performance. She was properly reprimanded for her misconduct. Her discharge was proper and equitable. Relief denied.

In the applicant’s issue 6, the Board determined the applicant is entitled to partial relief for her volunteer work, her efforts in combating her major depression, due to alcoholism and her efforts in continuing her education in the nursing field and social work. Relief granted.
 Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6419, SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C), Change 2, effective 15 May 84 until 26 Jun 89.

 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 a lawful order or regulation, and Article 111: Drunken driving, if adjudged at a special of general court-martial.
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     


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