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USMC | DRB | 1999_Marine | MD99-01148
Original file (MD99-01148.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD99-01148

Applicant’s Request
The application for discharge review, received 990830, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. 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 000512. 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 – Minor disciplinary infractions (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. Before my discharge (6/25/93) I volunteered to go to the VA Hospital for my alcohol problem. I've learned that Alcoholism is a disease. After my separation I finally meet my 2 year old son. He completely changed my life.

2. I've been working for Daimler Chryler for 4 years. I have a home and a pretty stable life. My son in now 7 years old. And he's the best thing that ever happen in my life.

3. I'm 3 1/2 years sober and as of Aug 29, 1999 I'll be born again. There's a few things that I needed closure on. One is my discharge.

4. The things I know now. I'm sure my life would have been different in the Marine Corp. Eventhough that in the past. I hope that you can consider my request for an Upgrade on my discharge.

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: USMC              None
         Inactive: USMCR(J)                890328 - 890410  COG

 Period of Service Under Review :
Date of Enlistment: 890411               Date of Discharge: 930618

 Length of Service (years, months, days):

         Active: 04 02 08
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 32

 Highest Rank: LCPL

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (9)              Conduct: 3.7(9)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Expert Badge, SSDR, NDSM, SASM (2*), NUC, KLM, Meritorious Mast, JMUA

Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

890814:  NJP for violation of UCMJ, Article 92: Willfully disobey order by consuming alcohol prior to his tour of duty.
 Awarded forfeiture of $163.00 per month for 1 month, restriction and
extra duties for 14 days (suspended for 6 months). Not appealed.
891129:  Counseled for deficiencies in performance and conduct. [Substandard performance of duty due to your failure to conform to military standards and regulations in that you possessed alcoholic beverages in your room being under the age of 21 years and being arrested by civilian authorities while your liberty was secured] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

891129:  Suspension of 14 days restriction and extra duty imposed and suspended on 890811 for a period of 6 months is hereby vacated and the punishment is ordered executed this date.

891212:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful order by possessing alcoholic beverages in his room while under the legal age of 21 years and going out on liberty on 891124.
         Award: Forfeiture of $150.00 per month for 2 months, restriction for 30 days. Not appealed.

900302:  Counseled for deficiencies in performance and conduct. [Substandard performance of duty due to being disrespectful in language to Sgt H. E. R_____, and by wearing inappropriate attire while on liberty in Jacksonville, FL]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900314:  NJP for violation of UCMJ, Article 91: Disrespectful in language to Sgt H. E. R_____ by saying to him in a contemptuous and boisterous manner "What's wrong with the way I'm dressed?”, violation of UCMJ Article 92: Wearing inappropriate attire while on liberty; civilian T-shirt with camouflage utility trousers.
         Award: Forfeiture of $300.00 per month for 2 months, restriction for 60 days (suspended for 6 months). Not appealed.

900613:  Counseled for deficiencies in performance and conduct. [Failure to pay all court costs involving your 900329 conviction for assault on a Law Enforcement Officer and intoxicated and disruptive behavior] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920123:  NJP for violation of UCMJ, Article 92: Failed to obey a lawful order issued by GySgt B____, violation of UCMJ Article 87: Missing movement at 2100, 920104, violation of UCMJ Article 86: UA (AWOL) from 2100, 920104 to 2330, 920104.
         Award: Forfeiture of $400.00 per month for 2 months, restriction for 45 days, reduction to E-1. Appealed.

920128:  Appealed approved 920128, reduction set aside, all rights, privileges and property affected will be restored.

920330:  Counseled for deficiencies in performance and conduct. [Minor military infractions]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920522:  NJP for violation of UCMJ, Article 134: Wrongfully communicated a threat to LCpl B____, a military police, to wit: "If you did not have that fucking badge on I'd kick your ass".
         Award: Forfeiture of $100.00 per month for 1 month, restriction and extra duty for 45 days, reduction to E-2 (suspended for 6 months). Not appealed.

930122:  NJP for violation of UCMJ, Article 92: Violate a lawful order by operating a motor vehicle without a license; violation of UCMJ Article 111: Operate a motor vehicle while drunk on or about 0237, 930103.
         Award: Forfeiture of $456.00 per month for 1 month, restriction and extra duty for 45 days, reduction to E-2. Not appealed.

930203:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.
930203:          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.

930211:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions. The factual basis for this recommendation was misconduct due to minor disciplinary infractions. The respondent has received six nonjudicial punishments and numerous counseling entries.

930310:  Medical officer indicates psychologic ETOH dependence, no evidence of physiologic dependence.

930323:  SJA review determined the case sufficient in law and fact.

930325:  GCMCA [CG, 3 rd FSSG] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930625 under other than honorable conditions for misconduct due to minor disciplinary infractions (A). The Board presumed regularity in the conduct of governmental affairs (B). 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 (C and D).

 The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (D). However, 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 the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. No such error or injustice is evident in the applicant’s service record.

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. Therefore, relief will not be granted at this time. 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 his community service, remain sober, and apply for a personal appearance hearing prior to 18 June, 2009.


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. 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.

C. 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.

D. 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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