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NAVY | DRB | 2004 Marine | MD04-00481
Original file (MD04-00481.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD04-00481

Applicant’s Request
The application for discharge review was received on 20040123. The Applicant requested the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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 20040817. 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 – Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 The Applicant submitted no issues for the Board’s consideration.




Documentation
The Applicant marked the box "WILL NOT BE SUBMITTED. PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORD."

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active:                            None                       HON
         Inactive: USMCR (J)               901030 - 901125  COG

 Period of Service Under Review :
Date of Enlistment: 901126               Date of Discharge: 930616

 Length of Service (years, months, days):

         Active: 02 06 21
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 52

 Highest Rank: LCpl (MOS: 0311, Rifleman)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 2.9 (10)                      Conduct: 2.7 (10)

 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 – Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

910904:  Counseled for deficiencies in performance and conduct. [Sleeping on post, while posted as a sentinel.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

910904:  NJP for violation of UCMJ, Article 113: … was found asleep upon his post.
 Awd forf of $197.00 per month for 1 month, and 14 days restriction and extra duties. 7 days restriction and extra duties susp for 30 days. Not appealed.
911030:  Counseled for deficiencies in performance and conduct. [Irresponsibility and neglect … lost his I.D. card for the second time.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
920306:  Counseled for deficiencies in performance and conduct. [Frequent involvement with authorities.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
920325:  Counseled for deficiencies in performance and conduct. [Alcohol related incident: specifically drunk and disorderly on 920228 by urinating on a sailor.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
920325:  NJP for violation of UCMJ, Article 86 (2 specs):
 Specification 1: … on or about 0001, 9 Feb 92, absent himself … and did remain so absent until on or about 0800, 10 Feb 92.
Specification 2: … did … fail to go at the time prescribed, to his appointed place of duty …
Violation of UCMJ, Article 134: … drunk and disorderly …
Awd red to PFC/E-2, and forf of $300.00 per month for 2 months. Not appealed.
920610:  SACO/DACO eval/comment: “… counselor’s impression is that (the Applicant) is Alcohol Dependent. The counselor recommends Level III treatment.”
920622:  Medical evaluation for alcohol abuse found the Applicant to be an alcohol abuser, [alcohol dependent].

920821:  Applicant joined for duty to Tripler Hospital for Level III Alcohol Rehab.

920921:  Medical evaluation, discharge note from Tripler Army Medical Center .

         AXIS I: Alcohol Dependent, NOS
         Nicotine Abuse
         Marijuana Dependency, in remission
        
         AXIS II: Deferred
         AXIS III: None

         … discharged as a failure of rehabilitation effort … His prognosis is presently poor.
921027:  Counseled for deficiencies in performance and conduct. [Being dropped from the level III aftercare program due to nonparticipation.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
921027:  Counseled for deficiencies in performance and conduct. [Financial irresponsibility.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
930429:  NJP for violation of UCMJ, Article 91: … was disrespectful toward Cpl …
 Awd red to Pvt, forf of $407.00 per month for 2 months, and 45 days restriction and extra duties. Not appealed.
930525:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of alcohol rehabilitation failure and misconduct due to a pattern of misconduct. The primary basis for separation shall be by reason due to pattern of misconduct. The basis for separation is the Applicant’s “failure of Level III alcohol rehabilitation aftercare program, numerous derogatory counseling entries, and three nonjudicial punishments.”
930525:  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.

930525:  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 “unprofessional conduct, lack of maturity and discipline, correlate (d) with his failure to abide by the rules and regulations that govern military life …”

930526:  SJA review determined the case sufficient in law and fact.

930526:  GCMCA [Commander, 1 st Marine Expeditionary Brigade] 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 19930616 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).

 The Applicant did not introduce any decisional issues for the Board’s consideration.

A service characterization of under other than honorable conditions is warranted when the member’s conduct constitutes a significant departure from that expected of a member of the United States Marine Corps. The Applicant’s service is marred by six negative page 11 entries and the awarding of nonjudicial punishment (NJP) on three separate occasions substantiating his misconduct . The Applicant’s conduct, which forms the primary basis for determining the service characterization, reflects his disobedience of the orders and directives, which regulate good order and discipline in the naval service, while falling well short of that required for an honorable discharge, from the service. It must be noted 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. An upgrade to general (under 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 P1900.16D), 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; Article 91, Insubordinate conduct ; Article 113, Misbehavior of sentinel ; Article 134, Drunk and disorderly.
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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