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USMC | DRB | 2000_Marine | MD00-00446
Original file (MD00-00446.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD00-00446

Applicant’s Request
The application for discharge review, received 000215, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed DISABLED AMERICAN VETERANS as his 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 – Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I think my discharge was unfair, due to a later medical detraction of PTSD, which I believe was the cause of my discharge.

2. (DAV ISSUE) After a review of the Former Service Member (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, its found that Mr H____ requests a change of his discharge from Under Other Than Honorable to Honorable, due to an intervening condition of Post Traumatic Stress Disorder (PTSD).

We ask for the boards careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the applicant.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copies of Medical Documentation (7pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USAF              830209 - 870208  HON
         Inactive: USMCR(J)                880630 - 880725  COG

 Period of Service Under Review :
Date of Enlistment: 880726               Date of Discharge: 911206

 Length of Service (years, months, days):

         Active: 03 04 11
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

Education Level: 12                        AFQT: 55

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.40 (5)             Conduct: 4.3 (5)

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, NDSM, SSDR

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

900711:  Counseled for deficiencies in performance and conduct. [Regarding his failure to conform To USMC physical fitness/performance standards. SNM failed the PFT] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

901108:  Civil Conviction at U.S.Federal Magistrate's Court for violation of VA State Code 18.2 - 266 Driving under the influence.
         Sentenced to $250.00 + $25.00 Special Assessment Fee, 6 months suspended operator's license, 1 year probation with special conditions.

910517:  Applicant completed Navy Alcohol and Drug Safety Action Program (NADSAP)

910801:  NJP for violation of UCMJ, Article 86: UA from place of duty, 910725, violation of UCMJ Article 92: Disobeyed a lawful order issued by LCdr S____-H____, by leaving his quarters.
         Award: Forfeiture of $100.00 (suspended for 6 months) per month for 0 month(s),extra duty for 45 days, reduction to E-3. No indication of appeal in the record.

910927:  Applicant completed the formal treatment phase of his alcohol rehabilitation program, directed to participate in a one year aftercare program.

911002:  Counseled for deficiencies in performance and conduct. [Financial irresponsibility after the command received a letter/call from American Bank alleging that SNM was indebted to them and had failed to make the proper payment (s)] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

911008:  Counseled for deficiencies in performance and conduct. [On Oct 1991 LCpl H______ after being released from Level III alcohol rehabilitation, borrowed a car visited a local bar than had an accident, not alcohol related. SNM was counseled on driving on suspended license and visiting a bar less than 12 hours after leaving Level III. Both being punishable. Then SNM was counseled on his failure to inform NCOIC or any one in the chain of offenses and arrest by civilian authorities in a timely manner. Then SNM was counseled on integrity for lying and half truths concerning incidents. SNM was also counseled on financial responsibilities and marital responsibilities. Concerning his total lack of judgement by bringing his wife up and putting her in Navy Lodge when not financially capable to handle such actions.

911015:  Counseled for deficiencies in performance and conduct. [Financial irresponsibility and involvement with civilian authorities.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

911027:  Counseled for deficiencies in performance and conduct. [Several informal counseling dealing with his financial irresponsibility, you still continue to show a lack of concern in your financial debts. This command has received numerous phone calls and letters from collection agencies and credit companies. Your final bill with the Navy Lodge was cleared only after command involvement and direction from the SgtMaj.
911028:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
911028:          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.

911028:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. The factual basis for this recommendation was your pattern of misconduct specifically your NJP, 1 Civilian Conviction and 3 official substandard performance counseling entries.

911118:  SJA review determined the case sufficient in law and fact.

911120:  GCMCA [Commanding General] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 911206 under other than honorable conditions for misconduct due to a pattern of misconduct (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 the applicant’s issues 1 and 2, the Board found that the applicant had a civil conviction of a DUI, an NJP for UA and failing to obey an order and 5 counselings documenting financial irresponsibility. In addition the Board found that the applicant attended Level III inpatient alcohol treatment and upon completion, visited a bar within 12 hours of his discharge. The Board finds no connection between the applicant’s misconduct and his medical condition. No relief will be granted based on this issue.

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 [ e.g., Article 92, disobeying a lawful order].
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      


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