Search Decisions

Decision Text

USMC | DRB | 2000_Marine | MD00-00124
Original file (MD00-00124.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD00-00124

Applicant’s Request
The application for discharge review, received 991103, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing review. The applicant designated the Veterans of Foreign Wars as the representative on the DD Form 293. Upon scheduling the applicant for the personal appearance hearing in Washington, D.C., applicant advised that he would be unable to attend a personal appearance hearing and requested a documentary record review.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000720. 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 3 to 2 that the character of the discharge shall not change. The discharge shall remain: UNDER CONDITIONS OTHER THAN HONORABLE/Separation in lieu of trial by court-martial, authority: MARCORSEPMAN Par. 6419.

The NDRB did note an administrative error on the original DD Form 214. Block 28, Narrative Reason for Separation, should read: “Separation in lieu of trial by court-martial” vice “Good of the Service (USMC)”. The original DD Form 214 should be corrected or reissued as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1. DURING MY BASIC TRAINING AND COMBAT TRAINING MY RECORD WAS UNBLEMISHED. DURING COMMUNICATIONS SCHOOL TRAINING I WAS UNABLE TO ADJUST TO THE CLASS WORK AND I FAILED TO PASS THE COMMO COURSE STANDARDS. THIS WAS NOT DUE TO MY LACK OF TRYING. I WAS JUST UNABLE TO GRASP THE KNOWLEDGE. DURING THIS TIME I WAS GIVEN AN ARTICLE 15 FOR LOSING MY WALLET WITH MY I.D. CARD IN IT. THIS WAS NOT FOR ANY WRONG DOING ON MY PART. IN 1982 I TRANSFERRED TO A LANDING SUPPORT BATTALION AND LEARNED FROM ON THE JOB TRAINING. I WAS PROMOTED TO LANCE CORPORAL IN 1982. DURING THIS TIME IN MY MARINE CORPS CAREER I WAS NOT DRINKING. IN JUNE OF 1982, I MADE MY FIRST TRIP TO LEBANON TO EVACUATE CIVILIANS FROM THE UNIVERSITY. NO COMBAT ACTION ON THIS TRIP. IN SEPTEMBER OF 1982 I MADE MY SECOND TRIP TO LEBANON TO EVACUATE THE PLO AND YASAR ARAFAT. ON MY THIRD CRUISE TO LEBANON I WAS INVOLVED WITH THE RESCUE OF MARINES FROM THE BARRACKS AFTER THEY WERE BOMBED. I WAS FIRST ASSIGNED TO A SEARCH PARTY LOOKING FOR SURVIVORS THEN I WAS TRANSFERRED TO A TAGGING DETAIL ASSISTING THE MEDICAL UNIT IDENTIFY DECEASED MARINES FOR SHIPMENT BACK TO THE STATES AND BURIAL. DURING THIS TIME I WAS ONLY 20 YEARS OLD AND VERY VULNERABLE AND IMMATURE. WHEN WE WERE OFF DUTY IN LEBANON THERE WASN'T MUCH TO DO SO WE DRANK A LOT OF BEER AND LIQUOR. MOST OF THE ALCOHOL WAS PROVIDED BY THE NCOS, THE SAME PEOPLE WHO WERE SUPPED TO BE LOOKING OUT FOR US. I WAS A VERY IMPRESSIONABLE YOUNG MARINE AND I FEEL THAT THE DRINKING WAS, IN PART, DUE TO MY LEADERSHIP. BEFORE I WENT TO LEBANON I WAS A GOOD MARINE. I WAS GIVEN A MERITORIOUS MAST IN 1982 FOR DUTY ON OUR FIRST MED CRUISE. I ALSO WAS AWARDED A GOOD CONDUCT MEDAL. I FEEL THAT AFTER THE BOMBING OF THE MARINE BARRACKS AND THE RESCUE MISSION I DEVELOPED POST TRAUMATIC STRESS DISORDER AND DID NOT RECOGNIZE THIS UNTIL MANY YEARS LATER. I BELIEVE THE PTSD WAS THE CAUSE OF MY DRINKING AND MY DISCHARGE UNDER CONDITIONS OTHER THAN HONORABLE.

2. I ADMIT THAT I HAD A FREE CHOICE IN THE DECISIONS I MADE TO DRINK AND I MADE THE WRONG CHOICES. I AM NOT WITHOUT BLAME. I DO FEEL THAT A DISCHARGE UNDER OTHER THAN HONORABLE CONDITIONS WAS MUCH MORE SEVERE THAT I SHOULD HAVE RECEIVED AND I FEEL THIS WAS AN UNFAIR PUNISHMENT. AT THE TIME I DID NOT UNDERSTAND THE CONSEQUENCES OF A DISHONORABLE DISCHARGE, I JUST WANTED TO GET OUT OF THE MARINE CORPS. I DO NOT FEEL I WAS FULLY ADVISED OF MY RIGHTS TO REFUSE.

3. I FEEL I HAVE TURNED MY LIFE AROUND NOW AND I NO LONGER DRINK ANY ALCOHOL BEVERAGE, I HAVE A FULL TIME JOB AND I AM LOOKING TO PURCHASE A HOME. I AM WELL KNOWN AND RESPECTED IN MY HOME TOWN AND I VOLUNTEER FOR MANY ACTIVITIES WITH THE YOUNG AND ELDERLY. I BELIEVE I SERVED MY COUNTRY WELL WHILE IN THE MARINE CORPS AND I WOULD LIKE A SECOND CHANCE SO THAT I MAY USE SOME OF THE BENEFITS I EARNED WHILE I WAS A GOOD MARINE.

THANK YOU FOR YOUR CONSIDERATION OF THIS REQUEST TO CHANGE MY DISCHARGE TO AN HONORABLE DISCHARGE.

4. IAW SECNAV Instruction 5420.174C of 22 August 1984 (MDR 1984), enclosure (1), chapter 9, paragraph 9.3, Equity of Discharge, we ask the Board to consider the following factors.

•         The applicant's service prior to the incident's that led to discharge was honorable. Reference the applicant's DD Form 214. The form recorded the applicant served between 1981 and 1985. During that short amount of time the applicant was awarded the Combat Action Ribbon, Meritorious Mast, Humanitarian Service Medal and the God Conduct Medal.
•         As a result of the applicant's participation in combat operations in Beirut, Lebanon, the applicant suffers from Post Traumatic Stress disorder and continued to mask the problem with self medication, i.e. alcohol abuse.
•         The applicant has demonstrated outstanding post-service conduct. A Department of Veterans Affairs letter dated October 6, 1998 states that the applicant has been sober for six years and now helps others who are experiencing similar problems.
•         Solid work history. The applicant has been employed with same company for the past seven years and is highly regarded.

This service contends that the applicant's ability to serve was impaired by his use of alcohol and his inability to deal with his Post Traumatic Stress Disorder. The type of behavior that led the service to discharge him has not been exhibited since and is not likely to be exhibited again in the future.

5. We ask the Board to consider the applicant's case IAW SECNAV Instruction 5420.174C of 22 August 1984 (MDR 1984), enclosure (1), chapter 9, paragraph 9.2, Propriety of Discharge.


Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
Applicant's Letter to the Board
Applicant's wife's letter of September 1999
Character Reference letter from W_ F. G_, Chief Loss Prevention dtd Sep 27, 1999
Letter of Employment from Franklin Sports dtd June 16, 1999
DVA's memo of Oct 6, 1998 concerning applicant's sobriety
Character Reference letter from J_ C_ undated
Character Reference letter from D_ J. B_ dated Apr 29, 1999
Applicant's application to the Board for Correction of Naval Records (DD 149) dtd 9/30/99

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                800711 - 810628  COG

 Period of Service Under Review :
Date of Enlistment: 810629               Date of Discharge: 850627

 Length of Service (years, months, days):

         Active: 03 11 29
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 39

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMR                  Conduct: NMR

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR(3), NUC(2), MCEM(2), CAR, MM, HSM, GCM, Rifle Marksmanship Badge

 Days of Unauthorized Absence: None

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. [Administratively corrected.]

 Chronological Listing of Significant Service Events :

820302:  Counseled on involvement with civil authorities and informed that any further involvement could result in NJP.

830301:  NJP for violation of UCMJ, Article 92: on or about 830227, violate a lawful order, to wit: BO 1700.6B, dtd 790629, by having alcoholic beverages in his room; violation of UCMJ, Article 112, was, on 830227, found drunk while on duty as clerk.
 Awarded forfeiture of $100.00 per month for 1 month (suspended for four months), restriction and extra duties for 14 days. Not appealed.
830301:  Counseled for deficiencies in performance and conduct [being UA and intoxicated while on duty]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

840904:  NJP for violation of UCMJ, Article 128: did, while on board Army Base Camp Darby, on or about 27 Aug 84, assault, Cpl. W.M. B_, who then was and was then known by the accused to be a non-commissioned officer, by offering to do bodily harm to Cpl B_.
 Awarded reduction to E-2, forfeiture of $330.00 per month for 2 months, 45 days EPD. Not appealed.
841221:  NJP for violation of UCMJ, Article 117: did, at Rota, Spain, on or about 15 Dec 84, wrongfully use provoking gestures, to wit, attempting to kick GySgt M_, USMC; violation of UCMJ, Article 134: was, at Rota, Spain, on or about 15 Dec 84, drunk and disorderly.
         Found Not guilty to Charge I (Article 117)
 Awarded forfeiture of $200.00 per month for 1 month, 45 days EPD. No suspension. Not appealed.
850111:  NJP for violation of UCMJ, Article 134: was, on board the USS SHREVEPORT (LPD 12), on or about 0930, 31 Dec 84, as a result of wrongful prior overindulgence in intoxicating liquor or drugs, incapacitated for the proper performance of duties.
 Awarded reduction to E-1, forfeiture of $300.00 per month for 1 month, 40 days EPD, no suspension. Not appealed.
850301:  Counseled for deficiencies in performance and conduct [developing pattern of misconduct as evidenced by four nonjudicial proceedings and numerous negative administrative remarks.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

850601:  Eligible but not recommended for promotion to PFC due to pending administrative discharge other than honorable.

850626:  GCMCA [CG, 2D FSSG (REIN) FMF LANT] directed applicant's discharge under conditions other than honorable by reason of "Good of the Service".

SEPARATION PACKAGE MISSING FROM OFFICIAL RECORDS AND APPLICANT DOES NOT HAVE THEM

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 850627 under conditions other than honorable by reason of "good of the service" (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, by a vote of 3 to 2, found that the discharge was proper and equitable (C and D).

In the applicant’s issue 1 through 3, the Board commends the applicant for recognizing his alcohol problem and getting treatment for it. However, the Board found no medical documentation in his record to substantiate his statement that he suffered from post traumatic stress disorder as a result of the bombing in Beirut, Lebanon (issues 1 and 4).
Relief denied.

 The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (B, Part IV). 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. 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, is considered. The applicant provided one letter of recommendation from his employer, 3 character reference letters and one letter verifying his sobriety, as documentation of his post-service. The applicant's efforts need to be more encompassing than those provided to overcome his OTH. The applicant needs to produce evidence of continuing educational pursuits, documentation of community service, certification of non-involvement with civil authorities and more recent proof of his not using alcohol in order for consideration for clemency based on post-service conduct. The applicant did not provided sufficient documentation of good character and conduct, therefore no relief will be 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. 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 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      


Similar Decisions

  • USMC | DRB | 2002_Marine | MD02-01208

    Original file (MD02-01208.rtf) Auto-classification: Denied

    MD02-01208 Applicant’s Request The application for discharge review, received 020821, requested that the characterization of service on the discharge be changed to general/under honorable conditions. On 880812, the Applicant requested separation under conditions other than honorable in lieu of trial by court-martial. Even if the Applicant had accepted the special court-martial, the Board found no reason to believe that his discharge would have been anything except under conditions other...

  • USMC | DRB | 2002_Marine | MD02-00305

    Original file (MD02-00305.rtf) Auto-classification: Denied

    MD02-00305 Applicant’s Request The application for discharge review, received 020117, requested that the characterization of service on the discharge be changed to honorable. We request equitable relief of the current discharge based on the good prior service of the member. 871231: DD Form 214: Applicant discharged under conditions other than honorable by reason of conduct triable by courts-martial, authority: MARCORSEPMAN Par.

  • USMC | DRB | 2001_Marine | MD01-01203

    Original file (MD01-01203.rtf) Auto-classification: Denied

    MD01-01203 Applicant’s Request The application for discharge review, received 010920, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 840601 - 850523 COG Period of Service Under...

  • USMC | DRB | 1999_Marine | MD99-00732

    Original file (MD99-00732.rtf) Auto-classification: Denied

    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. While working at the Chapel my rank went from an E-3 to an E-1. 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...

  • USMC | DRB | 1999_Marine | MD99-00820

    Original file (MD99-00820.rtf) Auto-classification: Denied

    I am asking the Board to up-grade my discharge. I am asking the Board to up-grade my discharge. Additionally, the Board determined that the applicant was counseled about his drug usage and refused drug treatment.

  • NAVY | DRB | 1999_Navy | ND99-00462

    Original file (ND99-00462.rtf) Auto-classification: Denied

    No indication of appeal in the record.840701: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by having become involved in your second drug abuse related incident and by reason of misconduct due to a pattern of misconduct as evidenced by your three convictions at commanding officer's NJP..840702: Medical evaluation for drug abuse found the applicant to be a drug and alcohol abuser, not...

  • USMC | DRB | 2003_Marine | MD03-00644

    Original file (MD03-00644.rtf) Auto-classification: Denied

    MD03-00644 Applicant’s Request The application for discharge review was received on 20030227. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. I was 18 years old at the time of enlistment.

  • USMC | DRB | 2000_Marine | MD00-00936

    Original file (MD00-00936.rtf) Auto-classification: Denied

    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 the applicant’s issue 1, the Board found that although the applicant may have received letters of recommendation, the applicant’s misconduct outweighed these good aspects of service. The Board will not grant relief on the basis of this issue.In response to the applicant’s issues 5 and 6, the Board found that the...

  • USMC | DRB | 2003_Marine | MD03-00924

    Original file (MD03-00924.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Issues, as stated Applicant’s issues, as stated on the application:1. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Character reference, dated February 4, 2003 Character reference, dated April 1, 2003 Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of...

  • USMC | DRB | 1999_Marine | MD99-00491

    Original file (MD99-00491.rtf) Auto-classification: Denied

    Command inadequate response by denying additional Level III treatment and denying my attendance to aftercare meetings. Also please consider that I had received an honorable discharge from the U.S. Army (1986-1989), and had already received a Honorable discharge from the Marine Corps upon re-enlistment, and was into my third enlistment in military service. 960103: GCMCA [Commanding General, Marine Corps Base, Camp Lejeune] determined that applicant had no potential for further service, that...