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USMC | DRB | 2001_Marine | MD01-00320
Original file (MD01-00320.rtf) Auto-classification: Denied


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

ex-LCPL, USMC
Docket No. MD01-00320

Applicant’s Request
The application for discharge review, received 010122, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review before a traveling panel closest to Boston, MA. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel, all hearing are held in the Washington, DC Area. The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 011018. 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 and reason for 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 am writing to the board to request and upgrade in character of discharge from "under other than honorable" to honorable pursuant to 10 U.S.C 874, Furthermore, I would also like to request that the narrative reason for separation be changed from pattern of misconduct to hardship. I have become aware of a possible bar in benefits. I have recently enrolled in school and would like to use my G.I. Bill, among other veterans benefits such as a home loan.

It will be determined that while serving in the United States Marines there were violation to the Uniform Code of Military Justice made by me. This is stated in my SRB. What is also stated in the slow, methodical demise of a man. A young man. A boy really, with man responsibilities. Two young children, a wife, a job, bills, freedom and alcohol problem all in just a few short years (18yrs-21yrs of age).

There are several issues and facts. In this 3 year span I had made many mistake involving alcohol, including a revolt against treatment for this disease covered in denial. My marriage and career as a Marine were short lived due to this problem. My crumbling marriage, which led to many my problems with the Marine Corps would be the straw that broke the camel's back. Twelve to fifteen months prior to my discharge my marriage was already over. She had left for another marine, took my children, and filed for divorce. This killed my inside and took my desires away, one being the Marine Corps. I really lost everything. I tried to talk to councilors at the squadron, the chaplain and fellow marines. See, what was happening was that alcohol coupled with losing everything had dishonor written all over it. Dishonor to the Corps. In addition to myself.

When I did see my kids, it was on the weekends. She would drop them off on Friday and return on Tuesday or so. I would have to call the squadron to tell them what had happened. They did not like this at all. There were several incidents with domestic violence. Mostly due to alcohol and a very ugly demeanor on my part. A drunk driving on base and several other small problems.

All incidents stated in my record book are true, in a physical sense. However, what is not stated in there is my emotional state. Although my superiors were all aware of my situation. I do not think that enough was done to help a young marine find his way through tough passage in life. Remember that this was all taking place between the ages of 18 and 21. Formitive year for a boy transitioning to manhood.

All I want is that the review board to take in to consideration my age at the time, the alcohol problem, the broken marriage and the separation from my children. I am not a malicious person. It was not gross negligence. They are the facts that led to "misconduct" or "pattern of misconduct". My conduct was not that of a mischievous little boy, but of a young man with lack of direction and guidance. I regret many things, but what I do not regret is being a marine.

I am very proud of being a marine. No one can take that from me. I earned it. What I a, looking for is status. I am a veteran and I think I should be classified as such. What it says on my DD-214 in not what I am today. I have conquered alcoholism and can admit it is my enemy. I have physical custody my children, a new marriage to a wonderful supportive wife and a young daughter to be a sister to my older kids. I have had the same job for 6.5 yr. I am enrolled in an Airframe and Power plants course. So as to obtain my federal license to maintain aircraft. I am going to finish what I started 12 years ago. To make something of myself and to have full functioning family. I am also an avid runner. I have run the Boston Marathon twice, along with several other marathons. I have competed in 50 or 60 triathlons including an Ironman. I also coach youth hockey in my community, which my son participates. I am involved in my oldest daughter's swim team in which she swims competitively at the national level. I have volunteered my time to local charity road races.

In closing, I will again ask that the board consider every bit of my statement. What you will see after reviewing all of the evidence is a changed man. One with pride in himself and confidence. Thank you.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Certificate of Acceptance from the Untied States Marine Corps
Copy of PFC Certificate
Copy of LCpl Certificate
Copy of Certificate of Appreciation from Third Marine Aircraft Wing
Copy of Certificate of Completion (AH-1/UH-IN Airframes O C-600-3360)
Copy of Certificate of Completion (Aviation Structural Mechanic S(Structures) Course, Class A1 including 63 hours of Basis Corrosion Control
Copy of Certificate of Completion (Field Radio Operator Course)
Copy of Certificate of Excellence (291 point on PFT)
Copy of Certificate of Completion (Respiratory Protection Manager for Respirator Safety Training)
Copy of Social Security Card
Copy of High School Diploma

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):

          Inactive: USMCR           890514 - 890919  HON to enlist USMC
         Active: USMCR             881115 - 890513  REL/IADT
         Inactive: USMCR           881104 - 881114  To IADT

 Period of Service Under Review :
Date of Enlistment: 890919               Date of Discharge: 920529

 Length of Service (years, months, days):

         Active: 03 06 18
         Inactive: None

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 59

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.08 (11)            Conduct: 3.9(11)

 Military Decorations: None

 Unit/Campaign/Service Awards: 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 :

900410:  Counseled for deficiencies in performance and conduct. Conduct to the prejudice of the good order and discipline of the armed forces. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

900412:  NJP for violation of UCMJ, Article 134: On 90407, displayed conduct which was to the prejudice of good order and discipline in the armed forces by unruly conduct at the West Precinct, Memphis Police Station.
         Award: Restriction for 60 days and reduction to E-2 (suspended for 6 months). Not appealed.

900412:  NJP imposed and suspended on 900412 for a period of 6 months is hereby vacated and the punishment ordered executed.

900706:  NJP for violation of UCMJ, Article 86: UA 0501, 900607 to 1330, 900615 from MATSS-901, MATSG-90, NATTC, NAS MFS, MILL, TN, violation of UCMJ Article 86: At MATSS-901, MATSG-90, on 900605, failed to go at time prescribed to the 0500 accountability muster at barracks south 415.
         Award: Forfeiture of $250.00 per month for 2 months, restriction for 30 days (suspended for 6 months), extra duty for 30 days, reduction to E-1 (suspended for 6 months). Not appealed.

901030:  PFC V____ diagnosed as alcohol dependent and was assigned to a Level III Treatment program. He was released from the program as a treatment failure. Investigation into the Level III program revealed that both the diagnosis and treatment were questionable. PFC V____ was subsequently placed in a Command Level I program as delineated in his treatment history file. The successful completion of this program indicates excellent potential for service in the Fleet Marine Force

910424:  Counseled for deficiencies in performance and conduct. [Alcohol related incident, specifically, DUI (BAC of 021%) on 910322 onboard MCB Camp Pendleton] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

910506:  NJP for violation of UCMJ, Article 111: On or about 910322, operate a vehicle while drunk.
         Award: Forfeiture of $422.00 per month for 1 months ($211.00 suspended for 6 months), restriction for 45 days (23 days suspended for 6 months), reduction to E-2 (suspended for 6 months). Not appealed.

911204:  Counseled for deficiencies in performance and conduct. [Uttering bad checks, driving while on revoked/suspended license, domestic disturbances and your frequent involvement of a discreditable nature with military/civilian authorities] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

920213:  NJP for violation of UCMJ, Article 121: Wrongfully appropriated Cpl R____'s boots, violation of UCMJ Article 134: Wrongfully communicated to Cpl R____ a threat.
         Award: Forfeiture of $200.00 per month for 2 months (suspended for 6 months), reduction to E-2 (suspended for 6 months). Not appealed.

920428:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
920428:          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.

920422:  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 4 NJP'S.

920518:  SJA review determined the case sufficient in law and fact.

920520:  GCMCA [Commanding Genera, 3 rd Marine Aircraft Wing] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

920529:  Counseled concerning the VA Alcohol program, declined to enroll in the VA Alcohol program in conjunction with discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920529 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 applicant’s issue (letter) states that he would like a discharge to Honorable and reason change to Hardship in order to secure G.I. Bill educational benefits. He states that youth, immaturity, and family problems were contributing factors in the discharge. He states that he has turned his life around since discharge and is a productive member of society.

 The NDRB has the authority to change a discharge and reason provided the discharge was improper or inequitable. The applicant requested a discharge change to secure G.I. Bill benefits. The NDRB will not change a discharge or reason for discharge for an applicant to collect benefits. To change the discharge for this reason would be inappropriate. Relief is denied.

The applicant states that his youth, immaturity, family and emotional problems were contributing factors in his discharge. While the applicant feels his youth and immaturity contributed to his discharge, the record shows he was fully qualified for enlistment into the Marine Corps. The record shows the applicant was afforded ample opportunity to correct his deficiencies, with counseling and alcohol rehabilitation, but he refused to comply with good counsel. Instead the applicant amassed four NJP’s in his enlistment including serious military offenses of Violations of UCMJ Articles 134- Disorderly Conduct, Article 111- Drunk Driving, and Article 134- Wrongfully Communicate a Threat. It is clear to the Board that a considerable effort was made to assist the applicant with his personal problems, but the applicant was unwilling to comply. Relief based on youth, immaturity family, and emotional problems is denied.

 The NDRB is authorized to consider post-service factors in the re characterization of a discharge. 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, may be considered by the NDRB. Notably absent from the applicant’s documentation was evidence of sustained sobriety, significant positive community service, and police records. Relief is not warranted.

The applicant 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 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 111-Drunken Driving, Article 134- Wrongful Communication of a Threat, and Article 134 Disorderly Conduct.
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 “ afls10.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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