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USMC | DRB | 2000_Marine | MD00-00516
Original file (MD00-00516.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD00-00516

Applicant’s Request
The application for discharge review, received 000314, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a personal appearance hearing discharge review before the board in the Washington National Capital Region. The applicant listed the Veterans of Foreign Wars as his representative on the DD Form 293.

Decision


A personal appearance hearing discharge review was conducted in Washington, D.C. on 000921. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an inequity, but no impropriety in the characterization of the applicant’s service. The Board’s vote was 4 to 1 that the character of the discharge shall change to: UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – Minor disciplinary infractions (with administrative discharge board), authority: MARCORSEPMAN Par. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I would like my discharge reviewed based upon my life and achievements since September 27, 1991. My intention is for an upgrade in my R.E. code and type of discharge, so that I may fulfill my duty to the Corps and country by earning an honorable discharge in the Marine Corps Reserves. Please view my letter addressing the board that details my resume' with its attached A through HH, and newspaper articles 1, 2, and 3.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Statement from applicant
Copy of applicant's resume
Letter of recommendation dated October 20, 1994
Letter of recommendation dated October 21, 1994
Copy of appointment to the office of patrolman in Cook County dated February 22, 1995
Copy of Notice of Satisfactory completion of Firearms Training Program dated March 19, 1995
Copy of Sergeants Promotional List dated September 29, 1996
Letter from Office of the State's Attorney dated May 19, 1997
Letter to applicant dated March 12, 1997
Copy of certificate dated Fall 1993, Spring 1994, Fall 1994
Copy of certificate of induction into Phi Theta Kappa Society dated October 23, 1994
Copy of Bachelor of Arts dated May 16, 1998
Four pages from applicant's service record
Copy of applicant's high school diploma dated May 20, 1989
Copy of vocational certificate dated May 19, 1989
Copy certificate dated December 23, 1998
Copy of certificate to applicant dated February 2, 1990
Copy of commendation dated April 27, 1999
Copy of certificate of completion from September 27, 1999 to October 1, 1999
Copy of passing score dated November 29, 1999
Copy of birth certificate
Copy of birth registration
Copy of mother's DD Form 214
Copy of father's Honorable Discharge certificate
Copy of honorable discharge certificate
Copy of appointment to Captain from May 17, 1861
Court paper re last will and testament
Copy of family tree from 1759 -1895
Letter of recommendation dated February 17, 1999
Job/character reference undated
Newspaper article
Picture from Alamogordo Daily News dated November 11, 1993
Picture from Daily News
The John Marshall Law School Report of Grades
Indiana Department of Transportation certificate of commission dtd 24Apr00
Bd of Fire and Police Commissioners Final Eligibility List
Letter from the Admissions Office of The John Marshall Law School

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                880608 - 890522  COG

 Period of Service Under Review :
Date of Enlistment: 890523               Date of Discharge: 910927

 Length of Service (years, months, days):

         Active: 02 04 05
         Inactive: None

 Age at Entry: 18                          Years Contracted: 6

 Education Level: 12                        AFQT: 82

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (6)                       Conduct: 3.7 (6)

 Military Decorations: None

 Unit/Campaign/Service Awards: Letter of Appreciation, NDSM, SASM with 2 Stars, SSDR

 Days of Unauthorized Absence: 10

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Minor disciplinary infractions (with administrative discharge board), authority: MARCORSEPMAN Par. 6210.2.

 Chronological Listing of Significant Service Events :

891129:  Psychiatric Evaluation: Diagnosis: Axis I: No psychiatric disorder. Recommendations: Psychiatrically fit for full duty. Follow-up session has been scheduled during which we will review interim history, initial findings, and need for future psychiatric involvement.

 900412:  NJP for violation of UCMJ, Article 92:
 Specification: Fail to obey a lawful general order, to wit: consumed alcoholic beverages in barracks on 2100, 8Apr90.
Awarded forfeiture of $420.00 per month for 2 months. Forfeiture of $420.00 for 1 month suspended for 6 months. Not appealed.
900501:  ETOH eval: Diagnostic Impression: Poly dependent. Recommendations: AA, NA, Antabuse, inpatient treatment. Recommendation:

900510:  Counseled for deficiencies in performance and conduct. [Absent from appointed place of duty. Specifically, on 900503, you were unauthorized absence from the Commanding Officer's PT formation at 0530-0800, 900503.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900603:  Applicant to alcohol rehabilitation treatment.

900721:  Naval Alcohol Rehabilitation Center: Applicant did not complete the rehabilitation program. Applicant is unamenable for rehabilitation at this time due to unwillingness to participate in his own recovery.

 910607:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from 1201, 28May91 to 0645, 30May91 (1 day).
Violation of UCMJ, Article 92:
Specification: Fail to obey MCO 1050.3G at Alocogodo, NM.
Awarded forfeiture of $200.00 per month for 2 months, restriction and extra duties for 45 days, reduction to PFC. Forfeiture of $200.00 for 2 months and reduction to PFC suspended for 4 months. Not appealed.
910627:  Vacate suspended forfeiture and reduction awarded at CO's NJP dated 7Jun91.
910627:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from 1301, 11Jun91 to 1250, 21Jun91 (9 days).
Awarded forfeiture of $300.00 per month for 2 months, restriction and extra duties for 45 days. Not appealed.
910702:  Psychiatric evaluation: A: No Axis I dx. Possible borderline personality disorder. P: Fit for full duty.
910702:  Psychological Evaluation: A: Axis I: Interpersonal problems. P: Return to full duty. If he continues to experience difficulty adjusting recommend consider for administrative separation.
910903:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of alcohol abuse rehabilitation failure and misconduct due to minor disciplinary infractions.
910903:          Applicant advised of his rights and having consulted 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.

910903:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to alcohol abuse rehabilitation failure and misconduct due to minor disciplinary infractions. The factual basis for this recommendation was your failure to participate in your own recovery and your discreditable involvement with authorities during this enlistment as evidenced by three nonjudicial punishments and other adverse entries contained on page 11 of your service record.

910918:  Applicant accept alcohol rehabilitation treatment at VA facility nearest his home of residence upon discharge.

910920:  GCMCA [Commanding General, 2d Marine Aircraft Wing, Cherry Point, NC] directed the applicant's discharge under other than honorable conditions by reason of alcohol abuse rehabilitation failure and misconduct due to minor disciplinary infractions.

 950417:  NDRB documentary record review Docket Number MD94-01743 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 910927 under other than honorable conditions 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, but inequitable (D and E) based on post-service accomplishments.

 The applicant states in issue 1 that he would like his “discharge reviewed based upon” his “life and achievements since September 27, 1991. My intention is for an upgrade in my R.E. code and type of discharge, so that I may fulfill my duty to the Corps and country by earning an honorable discharge in the Marine Corps Reserves. Please view my letter addressing the board that details my resume' with its attached A through HH, and newspaper articles 1, 2, and 3.” In response to the applicant’s issue 1, the Board found that the applicant’s post-service accomplishments were significant and warranted relief to under honorable conditions (general). The applicant provided documentation of various accomplishments to include his Bachelor’s of Arts degree, his induction into the Phi Theta Kappa Society, his enrollment in Law School and various letters of recommendation and commendation. Relief is granted.
The applicant is advised that the Board has no authority to change re-enlistment codes or make recommendations to permit re-entry into the Naval Service or any other of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to re-enlistment. A request for waiver is normally done only during the processing of a formal application for enlistment.

 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 violations of the UCMJ.
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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