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USMC | DRB | 2000_Marine | MD00-00615
Original file (MD00-00615.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD00-00615

Applicant’s Request
The application for discharge review, received 000413, requested that the characterization of service on the discharge be changed to 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 001026. 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/ INVOL DIS (BOARD WAIVED) (PATTERN OF MISCONDUCT), authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My behavior while serving in the Marine Corps was a reflection of personal problems at home. Since then I have worked hard to become a more responsible adult. My family and I are attempting to buy a home to make a better life for ourselves.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of Leave and Earning Statement

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                900813 - 910708  COG

 Period of Service Under Review :
Date of Enlistment: 910709               Date of Discharge: 941123

 Length of Service (years, months, days):

         Active: 03 04 15
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 59

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.37 (10)            Conduct: 3.8(10)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Expert Badge, NDSM, SSDRw1*

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/INVOL DIS (BOARD WAIVED) (PATTERN OF MISCONDUCT), authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

920409:  Counseled for deficiencies in performance and conduct. [Alcohol related incident, specifically, underage drinking at approx. 0225 on 920322, with a BAC N/A] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
920409:  Counseled for successfully completing Level I treatment program. Advised failure to successfully complete aftercare may result in judicial or separation proceedings.

931001:  NJP for violation of UCMJ, Article 92: Having knowledge of ASO.550.6c violated same by driving under the influence with BAC of .175.
 Awarded forfeiture of $400.00 per month for 1 month, restriction and
extra duties for 23 days (7 days restriction suspended for 6 months), reduction to E-2 . Not appealed.
940218:  Counseled for deficiencies in performance and conduct. [Alcohol related incident, SNM was charged with a DUI and had a BAC of .175]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

940323:  NJP for violation of UCMJ, Article 128: Did on or about 2200, 940319 wrongfully assault LCpl B____.
 Awarded forfeiture of $217.00 per month for 1 month, restriction and
extra duties for 14 days ( suspended for 6 months). Not appealed.
940506:  Counseled for deficiencies in performance and conduct. [Your recent NJP of 940323 in which convicted of Art. 128 assault] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning

940912:  NJP for violation of UCMJ, Article 112a: Wrongfully use marijuana a controlled substance.
 Awarded forfeiture of $400.00 per month for 2 month (suspended for 6 months), restriction and
extra duties for 45 days, reduction to E-2 ( suspended for 6 months). Not appealed.
941024:  Counseled for deficiencies in performance and conduct. [Your conviction at Battalion Commanders NJP for wrongful use of a controlled substance] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning

941031:  NJP imposed and suspended on 940912 for a period of 6 months is hereby vacated and the punishment is ordered executed.

941017:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to a Pattern of misconduct and Drug abuse.
941017:          Applicant advised of his rights and having elected not 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.

941017:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to a Pattern of misconduct and Drug abuse. The factual basis for this recommendation was the respondent's derogatory counseling entries and three non-judicial punishments, one of which is for wrongful use of marijuana (THC).

941108:  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 941123 under Other Than Honorable conditions for misconduct due to a Pattern of misconduct (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).

Issue 1. The Board determined this issue is without merit. The applicant states his behavior was a reflection of personal problems at home, he is now a hard working responsible adult and attempting to buy a home. There was no documentation provided by the applicant or contained in his service record, to show he attempted to use his chain of command to resolve his personal problems. Additionally, there was no documentation provided by the applicant or contained in his service record to support his claim of being a responsible adult. Finally, the Board is under no obligation to upgrade an individual’s discharge for the purpose of purchasing a home. The applicant’s discharge accurately reflects his military service to his country. The Board determined this discharge was proper and equitable. Relief denied.

 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 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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