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USMC | DRB | 2000_Marine | MD00-00667
Original file (MD00-00667.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD00-00667

Applicant’s Request
The application for discharge review, received 000428, requested that the characterization of service on the discharge be changed to honorable. 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 001102. 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

 1 To whom it may concern,

I am G_____ S. G___, former Marine, a Gulf war veteran, a husband, and father of five. I am not typing this response for pity or vengeance. I am doing this for my family and because I feel that I deserve to be able to live the "American Dream" and own a house. Furthermore, I am doing this because I feel I deserve an upgrade to my discharge. In the next few paragraphs, I will explain why I feel that I am worthy of a discharge upgrade. The story I am about to tell is the truth and I will be as detailed as I can. I will try to remember as much as I can.

I left Hawaii for the gulf war a married man. I came back a single one. I had gotten involved with a woman that which was later identified as Colonel W____ W____'s daughter. Colonel W____ was not in my chain of command and I did not personally know him. We found out later that K_____ (Colonel W_____'s daughter) was pregnant. The fact that this was an inter-racial relationship caused her the news of her pregnancy to be spread like wild fire. Things were going fine for me until my superiors from my unit got involved.

I confided in my NCOIC (Gunnery Sergeant C____) when he asked me if the rumors that he heard were true about my involvement with K_____. Once I told him the story, my unit suddenly got involved. I was "ordered" to go to the chaplain's office and tell him the whole story. The chaplain then contacted Colonel W_____ and, in so many words, told him that I "impregnated" his daughter. In the meantime, K_____ and I were prepared to do the honorable thing and get married.

I was not openly accepted by her mother, who's first remark after speaking with me was " he speaks perfect English!". I knew then that our marriage would not work because of her families feeling toward an inter-racial relationship. The wedding plans soon came to a screeching halt. I tried to spend as much time with K_____ as I could. I did not want to abandon her.

Time went on and it started getting worse. I was accused of harassing K____ and I was "ordered" not to contact her. I hadn't even spoken to K______ at the time of the alleged incident. My CO's involvement grew with each day, Several times I was called into the CO's office and the Sgt. Major's office and told that I needed to forget about K____ and let her give her child up for adoption. The more I refused to give up my child, the harder things had gotten for me. I felt threatened and the more they pushed, the harder I pushed back. At this point, I knew that I was at war with my unit. My duty became clear. My first priority was to ensure that my son would not be given up for adoption. I had decided then, that no matter what the cost, my son would be with family. I knew K____'s family wanted him to be put up for adoption, so I had only one other choice. I contacted my mother and told her the news. I started allotments up to send to her so that she could save for a ticket to Hawaii when the time came.

I was walking a tight-rope. My CO was looking for anything to try and break my spirit. I had gotten a speeding ticket and was given time off to go to civilian court. I went to court and I was there longer than expected because I did not understand what the judge was saying when he called my name. Therefore, he skipped my case and went on to the next. He then got back around to me and said my name several times, as he had missed pronounced it the first time. The judge had a Hawaiian accent and it was hard to understand him at first. Subsequently, I returned for duty a little later than my CO or OIC expected me too. I was charged with being late for civilian court. The CO did an article 15 on me. Somehow, I knew that no matter what evidence I had in my defense, I would still be punished. I was demoted and this was my first offense. I had seen people get lighter punishments for writing bad checks. I was restricted to barracks as well. K_____ started coming to the barracks to see me because I was being stopped from seeing her. This was a direct violation of the CO's order not to see the mother of my child.

I did what I had to do to keep up with the status of my child's birth and well being. I was in violation of orders given to my by my CO. However, I did not consider that to be a lawful order. I knew that I was on my own, and my command was against me. I was sent out by my CO (LTC N___ F__) to an adoption agency, where I was "ordered" to sign adoption papers. The CO "ordered" me not to interfere with the W_____'s plans. Then he said, "Screw with me on this one, G___, and I will crucify you!". I went to the adoption agency as "ordered". When I arrived I knew that my next action would either return things to normal or possibly destroy me. I chose what I considered to be the correct form of action. I made it clear to the adoption agency, that I would not sign any adoption papers or any document that would forfeit my rights to my son. It was this action that brought me down into the bowels of hell. The CO said he would crucify me, so he did everything in his power to do so.
The Sgt. Major called me onto the carpet. He told me that I was not capable of taking care of my son. He told my that I could not handle the pressure. One of the officers in my shop told me that I was a disgrace to my uniform and that a man of my caliber should not be wearing it. I did not let any of this break my spirit, or make me loose focus. I was young and in-experienced, so I did not handle the situation properly. I began to be more determined to see this through, I had given up all hope of having long military career (which was my childhood dream and long-term goal). I got careless and made mistakes. The CO capitalized on my mistakes. One day, when I returned from a stress management course that I was taking, I was sent to the brig. The charge, being late to formation. That was not a common occurrence, I did not have a habit of being late to formation.

When I was taken to the brig, it was close to the baby's due date and my mother arrival to Hawaii. My NCOIC was aware that my mother would be coming to Hawaii soon. It was all to obvious to me that the charges would be dropped within the 30 days my unit had to charge me with something. I knew that I was in the brig to be put out of the way. I did not know what would happen to me, or what they wanted to happen to me while I was there. When my mother showed up in Hawaii, she was given the cold shoulder by my unit. No one wanted to help her. I had a few friends in the enlisted ranks that knew the situation and promised to help my mother when she arrived. I thank God for those friends, as they did take care of my mother during her stay.

I fought for my life, my sanity, and my manhood in the brig. By the grace of God, I was able to keep it together and get through this unscathed. My son was born while I was in the brig. I was taken to the hospital to sign the birth certificate and legal guardianship papers for my mother. The Chaplain told the brig chaser that it was not necessary for me to see my son and that if he didn't want to let me see him, he didn't have too. Again, God smiled on me and the brig chaser took off my cuffs and escorted me to the nursery to see my son.

A few days later, my mother and my son were in Hawaii. A couple days after that, the W____'s were transferred to Japan. The day after they left, I was released from the brig. No charges were filed. Upon my release from the brig, I was put on restriction to barracks and harassed and punished just as before. I did what I had too, to get out alive so that I could see my son. When all the dust settled and the smoke cleared, I was still alive and with my son in Florida. When I looked down on my infant child, I knew that I had not gone through that battle in vain. That when I knew that I had done the right thing.

And even now as I type this letter, my 7 year-old son, J___ A____ G___, sits next to me. He is living proof to me that no sacrifice is too great for a child. Was I wrong in some of the actions I had taken? Yes! Did I deserve the ordeal that I endured? No! I was young and I did make some mistakes, but they were no worse than mistakes that were made by other young people in my unit or in any unit.. None of my mistakes were big, except wanting to stand up for my child. If that is an offense worth ruining my career and my discharge, then I have wasted your time.

I have since gotten a college degree in electronics and have a very good job with GTE of Florida. I have proven to myself and my former unit that I can make it. No matter how great the odds, no matter how hard they

hit me, I will make it. I still miss the Corps, I am still a marine at heart. If things were different, I would still be in the Corps. The decision I made to keep my son is the only reason that I have to type you this letter to upgrade my discharge. But, even if you don't see me fit for an upgrade, I still don't regret my discussion. My children are the most precious things to me and that is the only reason why I am awakening these "sleeping dogs". I want my children to grow up in a house of our own.

Thank you for your time and attention,



 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: USMC              None
         Inactive: USMCR(J)                880915 - 890827  COG

 Period of Service Under Review :
Date of Enlistment: 890828               Date of Discharge: 920805

 Length of Service (years, months, days):

         Active: 02 11 08
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 75

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.13 (9)             Conduct: 3.9(9)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, KLM, SASM, NDSM

 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 :

911024:  Counseled for deficiencies in performance and conduct. [SNM counseled on 4 separate occasions concerning his inabilities to be at the appointed place of duty at the prescribed time and for his unsatisfactory military appearance] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

911124:  Counseled for deficiencies in performance and conduct. [UA, on two previous occasions concerning being UA from his appointed place of duty at the prescribed time] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

920115:  Counseled for deficiencies in performance and conduct. [Financial irresponsibility. SNM received a letter of indebtedness from Windward Community Federal Credit Union dated 911205, stating LCpl G___ was delinquent in payment of his loan account] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

920117:  NJP for violation of UCMJ, Article 86: Failed to appear in the EWA District Court at the time prescribed on 920106, violation of UCMJ Article 92: Willfully disobeyed GySgt C___ order to be in the EWA District Court prior to 0830 on 920106.
         Award: Forfeiture of $440.00 per month for 2 months (suspended for 6 months), restriction and extra duty for 45 days, reduction to E-2. Not appealed.

920408:  Counseled for deficiencies in performance and conduct. [UA, Pfc G___ has been counseled on three previous occasion concerning being UA from his appointed place of duty at the prescribed time] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
920413:  Counseled for deficiencies in performance and conduct. [Military appearance. Pfc G___ has been counseled on two previous occasions concerning his improper military appearance. SNM needs to shave trim mustache, polish and buff boots and wear socks] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

920415:  Counseled for deficiencies in performance and conduct. [Lack of professionalism. Pvt G___ was informed that an ongoing critique would continue of his job performance, attention to duty, military performance, punctuality, self discipline, and esprit. Pvt G____ will receive, at a min, monthly evaluations of his progress.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

920415:  NJP for violation of UCMJ, Article 92: Failed to obey a lawful order from GySgt C_____ to strip the floors in the operations office and the operations officer's office, violation of UCMJ Article 92: Failed to obey a lawful order from GySgt C____ to finish the field day during the weekend of 27, 28, and 29 Mar 1992, violation of UCMJ Article 121: Wrongful appropriation of LCpl M_____'s bicycle from barracks 225 on or about 1200, 920330.
         Award: Restriction and extra duty for 45 days, reduction to E-1. Not appealed.

920505:  Counseled for deficiencies in performance and conduct. [General lack of improvement from the period 920415 until present. On various occasions during this period Pvt G___ has come to work late and/or unshaven. Pvt G___ was still in the rack when he should have been standing by for a wall locker/junk on the bunk inventory inspection on 925003] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

920520:  NJP imposed and suspended on 920117 for a period of 6 months is hereby vacated and the punishment is ordered executed.

920619:  NJP for violation of UCMJ, Article 86: Failed to report to Squadron Formation at 1230 on 920518 at Hangar 102 KMCAS; violation of UCMJ Article 86: Failed to report to restricted muster at 0700 on 920520 at barracks 225 KMCAS; violation of UCMJ Article 86: Failed to report to place of duty at Hangar 102 on 920520, on or about 0842; violation of UCMJ, Article 134: Breaking restriction on or about 920519 at barracks 1654 aboard MCAS Kaneohe, Bay.
         Award: Forfeiture of $339.00 per month for 2 month(s), restriction and extra duty for 45 days. Not appealed.
920714:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
920714:          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.

920714:  Commanding Officer, Marine Medium Helicopter Squadron 262, Marine Aircraft Group 24, 1 st Marine Expeditionary Brigade recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. The factual basis for this recommendation was respondent's three non-judicial punishments and counseling entries.

920716:  Commanding Officer, Marine Aircraft Group 24, 1 st Marine Expeditionary Brigade recommended approval discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct

920717:  SJA review determined the case sufficient in law and fact.

920722:  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 920805 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).

The NDRB considered the applicant’s letter as an issue. The Board found that in the absence of documentation supporting the applicant’s issue, such as: the applicant’s son’s birth certificate, statements from Marines who looked after the applicant’s mother while she was in Hawaii, statement from the applicant’s mother, and post service documentation that relief is not warranted.

The applicant was separated for his misconduct that was clearly documented in the record. Without documentation to support the applicant’s alleged mitigating circumstances, the NDRB will not grant relief.

 The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.



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 92, 121, and 134.
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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