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USMC | DRB | 2002_Marine | MD02-00564
Original file (MD02-00564.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD02-00564

Applicant’s Request
The application for discharge review, received 020312, 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 021217. 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, authority: MARCORSEPMAN Par. 6210.6.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION
Issues, as submitted

1. I want to become a Marine they are the best! is the train of thought that I had of them. I solely wanted to be the best. I needed a challenge in my life that could fulfill me as a person. Many obstacles in life for me were very apparent, such as not having the money for college. When you put these two problems together you can find an answer to your problem. The answer that I subjected to myself was some signing of papers that enlisted me into the Military Branch of my choice. I went and talked to a recruiter for a couple of months and signed a contract.

I chose the United States Marine Corps and went in as an enlistee. I signed up for an occupation that was to be a Combat Engineer. I never did receive the occupation that I originally wanted. I was granted the job of being a Motor Transport Operator (3531). I was okay with that idea. I was given that occupation because, I chose to go in as an open contract personnel. I went in earlier than I was assigned to. I was able to sign up for other things though, such as the G.I. Bill, and the Savings Bond. 1 never received my Montgomery G.I. Bill for college because of the Military Discharge I received.

I would like to have my military discharge be up-graded to an Honorable, so that I can fully receive the benefits, which I feel are rightfully mine. I put my money into the G.I. Bill and not anyone else's money but mine. I was denied the grant and I find that to be unjust. It was not anybody else's money, but my own.

I went to Boot Camp at M.C.R.D. in San Diego. I went through combat training and Military Occupational Specialty School (M.O.S. School), on Camp Pendleton in California. I went out into the fleet after all my training was done. I was stationed at various locations around the world and went on numerous field trainings and operational-detachments.

I had to disburse a percentage amount of money into my G.I. Bill for college. I did this voluntarily for my future plans to attend college. This was one of my main reasons for joining the Military, money for college. I signed papers to have a certain amount of money be put into this scholarship. The amount of money that I put into this account was never reimbursed to me. I was never given an explanation of what really happened with my money. I know for a fact, if I owed them money that they would have made me pay back with interest as soon as possible. They would have located me where ever I was residing and would have been harassing me until I paid in full the debt that I owed to them.

I tried to get scholarship money and loans from the Navajo Tribe when I was in High School. I was unsuccessful in my attempts for money. I went to them because, I am Navajo, and enrolled with the tribe. I gave up on the Navajo Tribe after countless attempts. I finally decided to look into the Military for their help. There was never enough funding from the Federal Government that went towards the Bureau of Indian Affairs and the Navajo Tribe for Indian students who wanted to go to college.

While I was in the Military I got into some trouble with the Military Police on base. I became an alcoholic that needed some help. My behavior and indulgence to alcohol grew immensely into an addiction. I went through a lot of emotional and spiritual stress. I took the road of self-destruction and tried to kill myself by slitting both my wrists and even tried other attempts that were not successful.

I ended up in the Intensive Care Unit at the Naval Hospital on base. My Battalion and Company decided to put me in the mental ward for approximately about a month for evaluations. I was observed and tested for illnesses. I eventually returned to my platoon and had to live the humiliation of the whole incident, it is not something you plan to endure. I did survive the ordeal and the tribulations that came with it. It was not easy.

The next step towards my recovery was to be ordered into the Rehabilitation Center on base. I received orders to go to the Rehabilitation Center and I obliged. I really did not have a choice, I was ordered to go there. I was to be there for a period of twenty-eight days, which eventually turned into approximately forty-five days. I went through a lot of hurt. I became very sick because of the withdrawals that I had to go through. I made it and continued on with the program to become a better me. The counselors decided that I was to be held there for two more weeks because of the severity of my conditions. I was a special case. I graduated from the Rehabilitation Center and went back to my Unit with 7th Motors. I then started anew in my sober life, which only lasted about three months.

I resumed my drinking again and it seemed to me that I just picked up right where I left off. Life to me was great again, I was use to this pattern that I had very much created for myself. I received two more alcohol related incidents, which involved the Military Police that led to my process of being discharged. I feel that my platoon, company and battalion gave up on me and just decided to let me go. I actually believe that I gave up on my-self long before they evidently did. I know this now to be true.

To be discharged from the military was a process that took some time that was about eight to ten months. When I was discharged, I really did not have a clue to all the terms that were in the contract that I agreed to. I just wanted to get out of the Military, so that I can start my life quickly elsewhere. I was tired of abiding to the rules and regulations of my command.

Today I have regrets about the actions and behaviors that I displayed. There is nothing that I can do about the past, only make the changes in the here and now for myself. I have truly grown a lot in the past few years since my discharge. I did not learn how to be a civilian immediately it took some trial and errors with time. I have made some drastic changes in my life to help me become a better person in society. I am trying.

I miss the Marine Corps a lot and I still wish that I were there. The experience that I gained from the Corps was a learning experience. I only wish that I could receive an up-grade on my discharge to an Honorable so, that I can gain more knowledge. The Montgomery G.I. Bill would help me achieve the goals that I am aiming for a lot quicker. The money would help me save some time.

The up-graded discharge benefits would be very beneficial to me. I feel that this in return would give me more opportunities to help and, or teach others. The Honorable discharge would give me the capacity to exercise a lot more venues.
Also note that service was such that I recieved Sea Service Deployment, I also recieved outstanding reports for service. I am requesting upgrade to general as I had problems after sea duty which was very traumatic. I feel that the character of service was harsh and unjust. Benefits were taken that I had paid into. My problems are more disease than behavioral. The treatment I recieved was not productive, I was released from therapy but I did not get the help I needed nor understood. Since leaving the service I have had good work history. I have enrolled in school. I have continue work through my disability and have matured sinc my service days. I regret that the disability had such an impact on my service but I have work to improve myself.

 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: None
         Inactive: USMCR(J)                920327 - 920520  COG

 Period of Service Under Review :
Date of Enlistment: 920521               Date of Discharge: 950901

 Length of Service (years, months, days):

         Active: 03 03 11
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 42

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (7)                       Conduct: 4.0 (7)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.6.

 Chronological Listing of Significant Service Events :

931122:  Counseled for deficiencies in performance and conduct. [Insubordinate conduct.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940511:  Counseled for deficiencies in performance and conduct. [Alcohol related incident (DUI) and frequent involvement with civilian and military authorities.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
940517:  Medical record: Impression: Alcohol abuse. Recommendations: Level II treatment, abstain from alcohol use, AA 2 x week until seen by Level II.
941017:  Applicant attempted suicide by slashing left wrist. Applicant has undergone psychological evaluation and is under 24 hour suicide watch.
941017:  Criminal Investigation Report. Complete report found in service record.

 941216:  Medical Officer: Impression: Alcohol dependence. Recommendations: Level III - must have investigation completed. AA 3x week with documentation. Command supervised antabuse.
950510:  NJP for violation of UCMJ, Article 92:
 Specification: Driving while on base revocation on 2022, 10 Apr 95.
Violation of UCMJ, Article 134:
Specification: Found intoxicated and urinating on public ground on 0230, 22 Apr 95.
Awarded forfeiture of $478.00 per month for 2 months, restriction and extra duties for 45 days, reduction to PFC. Forfeiture suspended for 6 months. Not appealed.
950706:  Counseled for deficiencies in performance and conduct. [Consensual sodomy and disorderly conduct.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950804:  Commanding Officer recommended discharge under honorable conditions (general) by reason of misconduct due to homosexual acts, misconduct due to minor disciplinary infractions and misconduct due to the commission of a serious offense. The factual basis for this recommendation was homosexual conduct based on Criminal Investigation Division (CID) report, three page 11 counseling entries, and one nonjudicial punishment.

950808:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of homosexuality and misconduct due to minor disciplinary infractions, and the commission of a serious offense.
950808:  Applicant advised of 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.

950814:  SJA review determined the case sufficient in law and fact.

950814:  GCMCA [Commanding General, 1 st Force Service Support Group, MARFORPAC, Camp Pendleton, CA] directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 950901 under other than honorable conditions for misconduct due to the commission of a serious offense (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 sole purpose of enhancing employment or educational opportunities. The Veterans Administration determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. There was no inequity or impropriety in the fact that the Applicant was not refunded his payments to the Montgomery GI Bill. 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 Board’s review of the Applicant’s record fully supports a discharge under other than honorable conditions for misconduct due to the commission of a serious offense. The Board does not consider the circumstances surrounding the Applicant’s stated condition for alcohol dependence and mental trauma and alleged insufficient treatment to be of sufficient nature to warrant an upgrade to his characterization of service. Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident 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 P1900.16E), effective 18 Aug 95 until 30 Jan 97).

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, failure to obey a lawful general order; 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 “ 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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