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USMC | DRB | 2003_Marine | MD03-01146
Original file (MD03-01146.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD03-01146

Applicant’s Request
The application for discharge review was received on 20030618. The Applicant requests the characterization of service received at the time of discharge be changed to entry level separation or uncharacterized. The Applicant requests a personal appearance discharge review before a traveling panel closest to Honolulu, HI. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area. The 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 20040423. 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: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 No issues were submitted by the Applicant.

 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: None
         Inactive: USMCR(J)                000606 – 000612           COG

 Period of Service Under Review :
Date of Enlistment: 000613               Date of Discharge: 020606

 Length of Service (years, months, days):

         Active: 01 11 24
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 33

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                 Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MM

 Days of Unauthorized Absence: None

*No marks found in service record.

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.2.

 Chronological Listing of Significant Service Events :

010315:  Counseled for deficiencies in performance and conduct. [Failure to be at your appointed place of duty and underage consumption of alcohol. Specifically on 2 separate occasions you failed to go to company PT due to your inability to wake up on time, and your total disregard of the Marine Corps regulations by consuming alcohol under the legal drinking age. This type of behavior is unacceptable and will not be tolerated.] Necessary corrective actions explained, sources of assistance provided, disciplinary issued.

 010403:  NJP for violation of UCMJ, Article 92:
 Specification: Violate a lawful regulation on 0330, 910318, to wit: underage consumption of alcohol.
Awarded forfeiture of $272.00 per month for 1 month, restriction and extra duties for 14 days. Forfeiture suspended for 3 months. Not appealed.
010613:  Vacate suspended forfeiture awarded at CO’s NJP dated 010403.

010619:  NJP for violation of UCMJ, Article 92
 Specification: Fail to obey a regulation by consuming alcohol while being under the age of 21 on 010601.
Awarded forfeiture of $400.00 per month for 2 months, restriction and extra duties for 44 days. Forfeiture suspended for 6 months. Not appealed.
010619:  Substance Abuse Counseling Center screening report: Diagnostic impression: alcohol abuse.
010705:  Substance Abuse Counseling Center screening report: Diagnostic impression: alcohol and recommends partial hospitalization at TRISARF.

010709:  Applicant admitted to TRISARF.

010806:  Applicant completed treatment. Axis I: Alcohol dependence early remission.

 010809:  Applicant has successfully transitioned from formal treatment.

 011217:  Substance Abuse Counseling Center screening report: Diagnostic impression: alcohol dependence.
020123:  NJP for violation of UCMJ, Article 91:
 Specification: Disrespectful in deportment toward a Cpl, a military police officer, on 0220, 011209, to wit: by swearing uncontrollably and refusing to do as he was told.
Violation of UCMJ, Article 92:
Specification: Violate a lawful general regulation on 0220, 011209, to wit: BnO 5350.5d, by consuming alcohol while being under the age of 21.
Violation of UCMJ, Article 134:
Specification: Drunk and disorderly on 0220, 011209.
Awarded forfeiture of $552.00 per month for 2 months, restriction and extra duties for 45 days, reduction to Pvt.. Reduction suspended for 6 months. Not appealed.
020214:  Counseled for deficiencies in performance and conduct. [Pattern of misconduct. The following deficiencies in your performance and/or conduct are identified: 6105 counseling dated 010305 for unauthorized absence and underage consumption of alcohol, NJP dated 010406 for violation of Article 92, underage consumption of alcohol, NJP 010619 for violation of Article 92 for underage consumption of alcohol, NJP dated 020122 for violation of Articles 91, 92, and 134.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020307:  Vacate suspended reduction awarded at CO’s NJP dated 020122.

 020325:  NJP for violation of UCMJ, Article 86 (2 specs):
 Specification 1: Absent from place of duty on 0500-0540, 020318.
Specification 2: Absent from place of duty on 0730-0810, 020318.
Awarded forfeiture of $552.00 per month for 2 months, restriction and extra duties for 60 days. Not appealed.
020417:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.
020419:  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.

020419:  Applicant’s personal letter for consideration.

020424:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions. The factual basis for this recommendation was numerous violations of the UCMJ, to include underage drinking (three specifications), disrespectful in deportment toward a non-commissioned officer by swearing uncontrollably and refusing to do as he was told, was drunk and disorderly which conduct was of a nature to bring discredit upon the armed forces, and on or about 0500, 020318, without authority absent himself from his place of duty aboard MCBH Kaneohe Bay, HI until on or about 0810, 020318, as supported by his four nonjudicial punishments, and two page 11 entries.

020603:  SJA review determined the case sufficient in law and fact.

020605:  GCMCA [Commanding General, Marine Corps Base Hawaii] directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020606 under other than honorable conditions for misconduct due to minor disciplinary infractions (A). The Board presumed regularity in the conduct of governmental affairs (B). 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 (C and D).

The Applicant introduced no decisional issues for consideration by the Board.

 The Applicant does not qualify for an entry-level separation as his period of service on active duty greatly exceeds the 180 days or less required for an entry-level separation. The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and/or the reason for discharge if such change is warranted. There is no evidence of impropriety or inequity in the Applicant’s discharge. The Applicant’s misconduct is clearly documented. Therefore, relief is denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. 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 31 Jan 97 until Present.

B. 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.

C. 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.

D. 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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