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NAVY | DRB | 2004 Marine | MD04-00351
Original file (MD04-00351.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD04-00351

Applicant’s Request
The application for discharge review was received on 20031210. The Applicant requested the characterization of service received at the time of discharge be changed to honorable. The Applicant requested a documentary record review. The Applicant did not list a representative on his DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040812. 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. 6210.3.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated
Applicant’s issues, as stated on the application:

 Issue 1: “ITEM 6: ISSUES

While stationed at MCRD, San Diego I received a meritorious promotion.
While stationed at Camp Pendleton, CA I received a meritorious mast.

 While Stationed at NAS Pensacola I received a second meritorious promotion.
While stationed at MCAS Miramar, San Diego I received a medical evaluation at MCRD, San Diego as recommended by the MAG-11 Chaplin after hearing of the personal problems I was experiencing in the Marine Corps. The diagnosis of that evaluation stated that I was unfit for military service and immediate discharge was requested. The medical evaluation was transferred to MAG-11 Headquarters MCAS, Miramar. However, my squadron, VMFA-323 disregarded that information and my mental condition went untreated while my behavioral problems persisted, resulting in an Other Than Honorable Discharge for a pattern of misconduct.
Two days after military discharge I was admitted to Baptist Hospital, Little Rock, AR where I underwent extensive observation for Bipolar Disorder and diagnosed as such.

 After discharge from Baptist Hospital, I was apprehended by police during a manic episode in Conway, AR and brought to Conway Regional Medical Center.

Conway regional Medical center admitted me to St. Vincent Hospital, Little Rock, AR.

While at St. Vincent Hospital I was court-ordered to Mid-Ark alcohol and substance abuse rehabilitation where I chose to radically change my lifestyle, take my prescribed medications and attend counseling at Little Rock Community Mental Health Center.

The Marine Corps handled my medical evaluation improperly and my medical condition could have been treated while in active duty or I could have received and honorable discharge for my exemplary service prior to the manifestation of Bipolar Disorder.

 I request my discharge status be upgraded from Other Than Honorable to Honorable. ”





Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
 Meritorious Mast (School of Infantry. Camp Pendleton, CA)
Meritorious Promotion (AMS-1 MATSG Pensacola)
 Mental Health Consultation Report (MCRD San Diego, CA)
Discharge Summary (Baptist Hospital)
Conway Police Information Report
Conway Police Supplemental Report
Emergency Dept. Medical Evaluation (Conway Regional Health System)
Discharge Summary (St. Vincent Hospital)
Discharge and Aftercare Plan (Mid-Ark Substance Abuse Services)
Character Reference, dtd November 14, 2001
Character Reference, undated & unsigned
Character Reference, dtd January 7, 2002
 Character Reference, dtd January 2, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None                       HON
          Inactive: USMCR (J)               990716 - 990831  COG
Period of Service Under Review :
Date of Enlistment: 990901               Date of Discharge: 010227

 Length of Service (years, months, days):

         Active: 01 05 27
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4
Education Level: 12                        AFQT: 77

 Highest Rank: LCpl
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.5 (5)                       Conduct: 3.6 (5)
Military Decorations: MeritM

 Unit/Campaign/Service Awards: None
Days of Unauthorized Absence: 20000906-20000928 (26), 20000903-20000906 (4)

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.3.
Chronological Listing of Significant Service Events :

990715:  Initial enlistment contract documents admission of pre-service marijuana experimentation. Enlistment waiver granted. Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
990901:  Request for waiver for using marijuana twice while in the Delayed Entry Program.
000731:  Medical evaluation by a Staff Psychologist at the Mental Health Unit, Marine Corps Recruit Depot, San Diego, CA.
         AXIS I: 303.50 Alcohol Abuse (by history - R/O Dependency).
                  305.20 Cannabis Abuse (by history).
         
         AXIS II: 301.81 Narcissistic Personality Disorder with Antisocial Features.

          AXIS III: No diagnosis.

         AXIS IV: Impending Court Martial,
Routine Military Stressors.

000825:  NJP for violation of UCMJ, Article 86: Unauthorized Absence on or about 000513 to 000609
Awd red to E-2, forf of $563.00 per month for 2 months, 45 days restriction and extra duties. Not appealed.
000901:  Counseled for deficiencies in performance and conduct. [UA from appointed place of duty.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
001020:  Summary Court-Martial.
          Charge I: violation of the UCMJ, Article 86 (26 specs): Failure to go to restriction muster.
          Finding: to Charge I and the 26 specifications thereunder, guilty.
         Sentence: Red to E-1, forf of $620.00 per month for 1 month, 30 days confinement.
          CA action 001020: Sentence approved as adjudged. SNM credited 24 days Pretrial Confinement.
         
001027:  Applicant informed his Squadron Sergeant Major “that he had no desire to be a United States Marine and that he would do whatever he had to in order to receive an early discharge.”
001029:  “(Applicant) made it very clear that he had no desire to be a Marine. Repeated Unauthorized absences are inexcusable and disruptive to the shop. (The Applicant) has stated he wished to be discharged and had no intention of serving an honorable contract despite substantial counseling from his chain of command.”
001030:  Applicant informed his Commanding Officer that he intended to separate from the Marine Corps “by any means possible.”
001102:  Statement of Service: “It is my belief … that he (the Applicant) is aware that further misconduct would negatively impact his impending separation. SNM is under Pre-Trial Agreement … and (will) be processed for administrative separation …”
010111:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by the Applicant’s “numerous counts of Unauthorized Absence (26) specifications resulting in summary Court Martial.”

010111:  Applicant advised of rights and having elected not to consult 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.
010111:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. The factual basis for this recommendation was the Applicant’s “numerous counts of Unauthorized Absence (26) specifications resulting in summary Court Martial.”

010208:  SJA review determined the case sufficient in law and fact.

 010220:  GCMCA [Commanding General, 3d Marine Aircraft Wing] directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010227 under other than honorable conditions for misconduct due to a pattern of misconduct (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. 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. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board found that the Applicant’s characterization of discharge was appropriate and that his evidence of a post-service diagnosis of Bipolar Disorder, Manic Phase was found not to mitigate the conduct for which he was discharged. Applicant’s disobedience of the orders and directives regulating good order and discipline in the naval service demonstrated he was unsuitable for further service. The record is devoid of any evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. His service record is marred by award of nonjudicial punishment (NJP) and a Summary Court-Martial thus substantiating his misconduct . It must be noted that most Marines serve honorably; thereby, earning honorable discharges. In fairness to those Marines, commanders and separation authorities are tasked to ensure the undeserving receive no higher characterization than is due. A discharge upgrade to honorable conditions would be inappropriate. Relief 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 additional documentation to support any claims of post-service accomplishments 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 31 Aug 01.

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.
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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