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USMC | DRB | 2002_Marine | MD02-01057
Original file (MD02-01057.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD02-01057

Applicant’s Request
The application for discharge review, received 020718, 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. In the acknowledgement letter to the Applicant, he was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D.C. area. Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030410. 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 – Minor disciplinary infractions (admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. My discharge was improper based on a disease I suffered from and needed more medical attention

Honorable Sirs: I joined the USMC when I was a 17 yrs old it was my family I write today to request an upgrade of my discharge base on the disease of alcoholism I suffer from and became when I was 18 yrs old at an E-Club. I love my country and am proud I once held the title US Marine if only briefly. My record shows I had good proficiency marks but due to my youth and no family or understanding of the disease I acquired my conduct suffered, I was sent to the ARC in HI but did not complete had some kind of psychiatric episode, breakdown and was hospitalized under psychiatric care then released and sent back to the states in CA In which I did well or so I thought with no aftercare not knowing what happened as if it was just a bad dream. I subsequently when after being reported got into a family domestic situation due to the disease of alcoholism. We requested treatment and was told it was not cost effective because I attended the ARC in HI and was a discharged. I am ashamed my disease an actions caused my discharge type and was unable with help to serve my country and the USMC my full contract, but feel I did the best I could for as long as I could suffering from this recognized medical disease. I currently hold a good job and help raise my children the best I can and am clean & sober.

Thank you for your consideration

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              840130 - 840627  HON
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 840628               Date of Discharge: 870915

 Length of Service (years, months, days):

         Active: 03 02 20
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

 Education Level: 12                        AFQT: 65

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                          Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: MM

 Days of Unauthorized Absence: None

*No Marks Found in the service record.

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Minor disciplinary infractions (admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.

 Chronological Listing of Significant Service Events :

850703:  Counseled for deficiencies in performance and conduct. [Failure to be at appointed place of duty, lack of attention to detail and disregard for authority.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
851212:  NJP for violation of UCMJ, Article 112a:
 Specification: Wrongfully possess a smoking pipe with marijuana residue on 851118.
Awarded forfeiture of $200.00 per month for 2 months, reduction to Pvt. Reduction suspended for 3 months. Not appealed.
851220:  Counseled for deficiencies in performance and conduct. [Counseling on 3 July 1985 for failure to go to appointed place of duty, inattention to detail, and disregard for authority. Nonjudicial punishment on 12 December 1985 for violation of the UCMJ, Article 112a, wrongful possession of a smoking pipe with marijuana residue.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
860909:  Medical officer’s diagnosis as alcohol dependent.

860911:  NJP for violation of UCMJ, Article 86 (2 specs):
 Specification 1: Failure to go at the time prescribed to place of duty on 0730, 860827, to wit: Training Audio/Visual Center.
Specification 2: Failure to go at time prescribed to place of duty on 0730, 860902, to wit: Training Audio/Visual Center.
Awarded forfeiture of $100.00 per month for 2 months, restriction for 60 days. Forfeiture and restrictions suspended for 3 months. Not appealed.
861028:  NJP for violation of UCMJ, Article 86:
 Specification: Failure to go at the time prescribed to place of duty on 0730, 861024, to wit: Training Audio/Visual Center.
Violation of UCMJ, Article 90:
Specification: Willfully disobey the order of Captain R_, USA to go to the gym with his group on 861020.
Awarded reduction to PFC. Not appealed.
870715:  Counseled for deficiencies in performance and conduct. [Abuse of alcohol. Frequent involvement of a discreditable nature with civil authorities.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

870915:  DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to minor disciplinary infractions, authority: MARCORSEPMAN Par. 6210.2.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 870915 under other than honorable conditions 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 found no indication that the Applicant was improperly or inequitably denied medical treatment for alcohol dependence. A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a Marine. T he Applicant’s service was marred by award of nonjudicial punishment (NJP) on three occasions and adverse counseling entries on other occasions. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. While he may feel that his alcohol dependence was a factor that contributed to his actions, the record is devoid of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. 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.



Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6210 MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C, Change 4, effective 29 Jul 87 until 26 Jun 89.

 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 90, disobeying a lawful order of a commissioned officer; Article 112a, wrongful use of a controlled substance.
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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