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USMC | DRB | 2003_Marine | MD03-00023
Original file (MD03-00023.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD03-00023

Applicant’s Request
The application for discharge review, received 20020925, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20030828. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: BAD CONDUCT DISCHARGE/As a result of a courts-martial (SPCM) – Other, authority: MARCORSEPMAN Par. 1105.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. Update discharge to General – Under Honorable Conditions

2. Change date of discharge to 7-26-90.

TO WHOM IT MAY CONCERN:

When I went into the Marine Corps, I had just turned 18. I was born and raised in Montana and had only left the state for family vacations/reunions a couple of times. Unfortunately I came from a family where my father was an abuser of alcohol. This was the behavior I learned and imitated. At the age of 18, I did not think I had a problem. Then with the Marines I was sent to Okinawa, Japan. This was my first experience of really being away from home and in a foreign country. I was young (and dumb) and the Marines had gotten me into great shape and I felt invincible. Like I said, I did not think I had a drinking problem. Of course, I was still in denial. Shortly after arriving in Okinawa, I started back into old patterns of my drinking behavior. I still had not got “it”, and had yet to grow up and assume responsibility for my actions.

At the time I was medically evacuated from Okinawa to VAMC Ft. Harrison, MT, it was my understanding at the special court martial proceedings, that I would be discharged at the day I arrived at Ft. Harrison 7/26/90.

From reading the SATS (substance abuse treatment) records from Ft. Harrison, I continued to manipulate my way out of these situations because, of course, I was still in denial. This continued for approximately two more years when I finally completed a substance abuse course. Friends and family were, like the Marines, no longer willing to get me out of trouble and support me.

Since that time I have completed high school, been to truck driving school and got my Commercial Drivers License, been employed, gotten married and finally settled down.

I cannot blame the Marine Corps for their actions at the time. I was one sorry Marine. At this point I can only ask for compassionate consideration of upgrading my discharge to a General Discharge under Honorable Conditions and changing my date of discharge to 7/26/90, the day I arrived at VAMC Ft. Harrison, Mt.

Signed G_ W. W_ (Applicant)






 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Certificate of Meritorious Appointment to PFC
High School Diploma dtd May 20, 1992
 Achievement Associates Certificate, completion of Human Choices Program, dtd Feb 23, 1993
 Western Truck School Diploma dtd Nov 5, 1993
Letter of Enrollment, Great Falls Redi-Mix, Inc, dtd Feb 26, 1998
Letter of Employment, Fall Construction Company, dtd Mar 26, 1998
Certificate of Completion, Edwards & Associates, Inc, 40 hrs Hazardous Waste Operations & Emergency Response, dtd Jul 16, 1998
Letter of Acceptance, Kootenai County Fire Protective District #1’s Reserve Firefighter Program, dtd Sep 9, 1998
Diploma for U.S. Academy of Private Investigation, dtd May 17, 1999
Character Reference letter from M_ J_ G_, RN, Shodair Children’s Hospital dtd Dec 17, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                880525 - 881128  COG

 Period of Service Under Review :
Date of Enlistment: 881129               Date of Discharge: 930420

 Length of Service (years, months, days):

         Active: 04 04 22 (Doesn’t exclude lost time, confinement, & appellate leave.)
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 55

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 2.5 (4)                       Conduct: 3.3 (3)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

Days of Unauthorized Absence: 278

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

BAD CONDUCT DISCHARGE/As a result of a courts-martial (SPCM) - other, authority: MARCORSEPMAN Par. 1105.

 Chronological Listing of Significant Service Events :
890522:  Counseled for deficiencies in performance and conduct [Article 86 - UA]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
891127:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 2201, 891119 to 0700, 891120.
         Award: Forfeiture of $150 per month for 1 month, restriction for 16 days. No indication of appeal in the record.

 891210:  Unauthorized absence since 2200.

891211:  Surrendered from UA at 1700.

 900119:  Applicant declared a deserter having been an unauthorized absentee since 0801, 891215 from HQCo, 4 th Mar, 3dMarDiv, FMF, Okinawa.

 900302:  Surrendered to Kadena Air Base, under military control at 2245.

 900302:  Pre-Trial Confinement.

900515:  Special Court-Martial.
         Charge I: violation of the UCMJ, Article 86 (2 Specifications):
         Specification 1: Did on or about 10 Dec 89 absent himself.
         Specification 2: Did on or about 15 Dec 89 absent himself until on or about 1 Mar 90.
         Added Charge I: violation of the UCMJ, Article 123a (9 Specifications): Make and utter bad checks, amount $3500.00.
         Findings: to Charge I and specification 1 thereunder, not guilty, Charge I and specification 2, thereunder, guilty, added Charge I and specifications thereunder, guilty.
         Sentence: Forfeiture of $450 pay per month for 3 months, confinement at hard labor for 100 days and a bad conduct discharge.
         CA 900712: Sentence approved and ordered executed except for the BCD.
         SA 921203: Approved as approved by the CA.

900521:  Applicant requested appellate leave.

900518:  SACC, MCB Camp Butler, Okinawa, Japan: Pt is a 19 year old male Marine with 18 months of active service. SNM screened this date at the request of Joint Forces Brig Commanding Officer. SNM was confined in Mar 90, for ART. 123 (bad checks) and ART. 86 (UA). Pt said he started drinking at age 15, he claims to start drinking on regular basis at age of 17. Pt said he was on a binge for about 3 months while in a U.A. status, he claims he drank about 18 beers each night. Pt said he has experienced blackouts since he was about 16 years old. Pt also said his attitude changes whenever he’s drinking. He said its hard to keep some of his friends when he’s drinking. Pt said he has been told by other people that he drinks too much, and that he sometimes gets drunk when he doesn’t want to. Pt indicated that he has been expelled from high school for fighting and drinking. Pt also disclosed that he has experienced DT’s and that he has been to about 30 AA meetings in about 3 years. Pt said his mother doesn’t drink, but his father is an alcoholic. He also claims that his family was never close. Pt said he knows he has a problem and he would like to get help for it when he gets released in 6 days.
         Impression: Alcohol Dependent, as by the DSM III R (1) use knowing if causes other problems, (2) excessive time involvement, (3) using more than intended, (4) tolerance, (5) withdrawal symptoms, (6) binges.
         Recommendation: Level III inpatient treatment.
         Addendum: 3-5 AA meetings a week, 250mg antibuse daily.

900616:  CMC Washington, D.C. authorized VA treatment in conjunction with discharge.

900720:  Applicant requested VA medical Treatment nearest home of record for alcohol dependence at VA Medical Center, Fort Harrison, MT in conjunction with discharge.

901031:  INSP INSTR STF BILLINGS MT advises CMC WASHINGTON, DC that Applicant was transferred to this command via service record effective 900720 for VA treatment at VA Medical Center, Fort Harrison, MT in conjunction with discharge authority. Applicant was admitted to VA center upon arrival in CONUS and remained hospitalized for a period of 2 days. Applicant was to be discharged 30 days from date of arrival at the VA Medical Center or upon discharge from treatment. Upon discharge from treatment, command attempted to obtain the discharge authority, appellate leave orders and other pertinent correspondence pertaining to Applicant in order to effect his discharge. Applicant’s previous command confirmed that the CA’s action had not yet been completed and Applicant could not be discharged. All documentation returned to the CG 3 rd MARDIV on 900919.

901120:  NMCCMR: Affirmed findings and sentence.

910822:  INSP INSTR ST BILLINGS, MT advises CG 3d MARDIV that Applicant was transferred to the command for discharge following court-martial proceedings, however, due to incomplete CA’s action and CMC direction, Applicant was not joined by this command due to our inability to discharge Applicant. Since command continually receives advisories, this command joined the Applicant and subsequently transferred him to MMC124 (3d MARDIV), estimated date 910515 with an EDA of 910515.

910829:  CG 3d MARDIV requested from INSP-INSTR STF BILLINGS, MT if Applicant is physically located in your area, direct him to report to CO, Separation Command, MCB, Camp Pendleton for appropriate admin processing.

910904:  INSP-INSTR COMPANY, Billings, MT advised CG 3d MARDIV that Applicant is not physically located near I-I Billings, MT and is unaware of his present location.

920122:  CORRECTIVE ADMIN ACTION: CG, 3d MARDIV directed CO, 4 th Marines to join Applicant effective 910515 for record purposes and effective 910516 transfer Applicant by service record to CG MCB Camp Pendleton, awaiting appellate leave.

920708:  CG, MCB, Camp Pendleton, CA directed CO, Separations Company, MCB, to join Applicant for record purposes as failure to report to this command effective 0800, 16 May 1991, report Applicant UA effective 0801, 16 May 91 and to report desertion, as appropriate.

921203:  SSPCMO: Article 71c, UCMJ, having been complied with, bad conduct discharge ordered executed.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930420 with a bad conduct discharge which was the sentence adjudged by a properly constituted special court-martial that was determined to be legal and proper, affirmed by appellate review authority and executed (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. With respect to a discharge adjudged by a court-martial case, the action of the NDRB is restricted to upgrades based on clemency (C, Part IV). The Applicant’s case was considered under the pertinent standards of equity to determine if any factors in this particular case merited clemency. The NDRB found the Applicant’s service record devoid of any mitigating or extenuating factors sufficient to offset the seriousness of the offenses for which the discharge was awarded. Relief denied.

Issue 2. The Board’s regulations limit its review to a determination on the propriety and equity of the discharge. The Board found no indication that the Applicant’s discharge date of 19930420 was improper or incorrect. 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.

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 1105, DISCHARGE ADJUDGED BY SENTENCE OF COURTS-MARTIAL , 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 for more than 30 days; and Article 123, worthless checks.
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      
                  Washington, D.C. 20374-5023     

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