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USMC | DRB | 2002_Marine | MD02-00303
Original file (MD02-00303.rtf) Auto-classification: Denied


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


ex-LCpl, USMC
Docket No. MD02-00303

Applicant’s Request
The application for discharge review, received 020122, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review. The applicant did not designate a representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020829. 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 HONORABLE CONDITIONS (GENERAL)/Misconduct – Minor disciplinary infractions (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted
1. I am asking for an upgrade of my discharge because at the time of my separation I did not realize that I was basically forfeiting any possibility of any future gov't service. I am currently under a temporary appointment as a WG-3 Laborer aboard Parris Island MCRD. Due to my discharge I have very few options to ever hold a better position in the Civil Service, not to mention any hope of ever serving in the Armed Forces ever again.
 Thank You, (Signed by applicant)

Documentation
Only the service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                880823 - 880912  COG
Period of Service Under Review :
Date of Enlistment: 880913               Date of Discharge: 920805

 Length of Service (years, months, days):
         Active: 03 10 23
          Inactive: None
Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 76
Highest Rank: LCpl
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (12)             Conduct: 4.4 (12)
Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksman Badge, Meritorious Mast (4), SSDR, NDSM, GCM, CofC

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – Minor disciplinary infractions (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.
Chronological Listing of Significant Service Events :

890207:  Counseled for deficiencies in performance and conduct [alcohol related incident, specifically, drinking under age]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
920114:  NJP for violation of UCMJ, Article 86: unauthorized absence from appointed place of duty on or about 1030, 811223; violation of UCMJ, Article 92: on or about 1000, 911223, willfully and knowingly disobeyed the lawful order of MSgt R_ by driving a forklift when told not to do so.
 Award: Forfeiture of $150.00 per month for 1 month, restriction for 30 days (forfeiture of pay and restriction suspended for 6 months). Not appealed.
920212:  Counseled for deficiencies in performance and conduct [unauthorized absence from appointed place of duty, questionable incidences and involvement with superiors after infractions that resulted from poor judgment and a total disregard for rules and regulations]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
920507:  Consolidated Drug Alcohol Center Evaluation Report (Relapse): Re-evaluated on 4 May 92 due to command referral.
         Diagnosis: Alcohol Dependence (Relapse).
          Member held responsible for his drinking and any incidents as a result.
920527:  NJP imposed and suspended on 920114 for 6 months vacated and punishment ordered executed.
920527:  NJP for violation of UCMJ, Article 111: convicted on 920511 in Onslow county for driving while impaired, to wit: BAC (.16%); violation of UCMJ, Article 134: convicted on 920511 in Onslow County for driving without a drivers license; violation of UCMJ, Article 86: unauthorized absence from appointed place of duty on or about 0731, 920521.
         Award: Forfeiture of $234 per month for 1 month (suspended for 6 months), restriction and extra duty for 14 days. Not appealed.
920605:  Counseled concerning treatment at a Veterans Administration Hospital for a substance abuse problem. Applicant elected not to request treatment in conjunction with EAOS at the VAH nearest his home of record.

920617:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reasons of alcohol rehabilitation failure and misconduct due to minor disciplinary infractions, as evidenced by member's misconduct displayed by receiving NJP on 14 Jan 92 for being UA from appointed place of duty and NJP on 27 May 92 for driving while impaired, driving without a drivers license, and UA from appointed place of duty.
920619:  Applicant advised of 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.
920623:  Commanding Officer recommended discharge under honorable conditions (general) by reasons of alcohol rehabilitation failure and misconduct due to minor disciplinary infractions. The factual basis for this recommendation was member's misconduct displayed by receiving NJP on 14 Jan 92 for being UA from appointed place of duty and NJP on 27 May 92 for driving while impaired, driving without a drivers license, and UA from appointed place of duty.
920625:  Consolidated Drug and Alcohol Center: Impression: Alcohol Dependence. Briefed on his VA benefits pertaining to treatment at the nearest VA Hospital to his Home of Record.
920723:  SJA review determined the case sufficient in law and fact.

 920728:  GCMCA [CO, 2d FSSG, FMF, Camp Lejuene, NC] directed the applicant's discharge under honorable conditions (general) by reason of misconduct due to minor disciplinary infractions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920805 under honorable conditions (general) 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 and equitable (D and E).
Issue 1. The Board has no authority to upgrade a discharge for the purpose of enhancing employment opportunities as requested in the issue. The Board’s charter limits its review to a determination on the propriety and equity of the discharge. In the applicant’s case the Board could discern no impropriety or inequity and therefore considered the applicant’s discharge was proper and equitable. The applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. Relief not warranted.

The applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. Representation at a personal appearance hearing is recommended but not required.


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 86, unauthorized absence; Article 92, failure to obey a lawful general order; and Article 111, driving while impaired.
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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