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USMC | DRB | 2005_Marine | MD0501277
Original file (MD0501277.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-LCpl, USMC
Docket No. MD05-01277

Applicant’s Request
The application for discharge review was received on 20050727. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “Re-2 for re-enlistment.” The Applicant requests 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 20060403. 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 and reason for discharge shall not change. The discharge shall remain Under Honorable Conditions (General) by reason of misconduct due to minor disciplinary infractions.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“Upon discharge from the Marine Corps, I received only 2 office hours. At the time I was young and did not understand the repercussions of those actions. At 33yrs old I really want to be apart of the military. I miss it. While living as a non-military person. I have received my A. A. S. in Electronics Engineering, and want to put my education to use in the United States Navy. I ask that this panel please review my records and change my enlistment code.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Four pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19890624 - 19900529      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19900530             Date of Discharge: 19921023

 Length of Service (years, months, days):

 Active: 02 04 24
          Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

 Age at Entry: 18

 Years Contracted: 4

 Education Level: 12                                 AFQT: 32

 Highest Rank: LCpl                                  MOS: 0481

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (8)                                Conduct: 4.3 (8)

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): National Defense Service Medal, Southwest Asia Service Medal (w/1 star), Sea Service Deployment Ribbon, Meritorious Unit Citation, Navy Unit Commendation, Joint Meritorious Unit Citation, Humanitarian Service Medal, Certificate of Appreciation, Certificate of Commendation


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct-Minor disciplinary infractions (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.2.

 Chronological Listing of Significant Service Events :

900726:  Pre-service waiver for defect in enlistment granted.
910819:  NJP for violation of UCMJ, Article 91: SNM willfully disobeyed an order of Cpl S_ to remove his trash from the latter well at bks 472.
         Award: Forfeiture of $204 per month for 1 month, restriction and extra duty for 14 days. Forfeiture suspended for 6 months. Not appealed.

910825:  Medical Record Entry: Applicant to psychiatry due to suicidal ideations. Impression: AXIS I: Alcohol dependence. Marital problem. AXIS II: Deferred (significant antisocial traits). AXIS: Pseudofolliculitis barbae. Recommendations: 1. SNM is responsible for his behavior. 2. All problems with work performance or misconduct should be documented in the S.R.B. and handled through the appropriate administrative or legal channels. 2. If the pt is motivated to remain on active duty and is considered to have potential for further military service, then recommend that command SACCO arrange for Level III alcohol rehabilitation. 3. If SNM is not considered to have potential for further service then would recommend alcohol rehabilitation through the veterans administration after separation. 4. Recommend complete alcohol abstinence and attendance of Alcoholics Anonymous meetings 3 to 5 times per week. 5. SNM should not handle weapons or drive government vehicles until he has successfully completed alcohol rehab. 6. For any questions regarding this case please feel free to contact me at (number deleted). H_ A. J_, MD, LCDR, MC, USN

910826:  Medical Record Entry: Assessment: 1 Alcohol dependence. 2. Marital problem. Recommend administrative separation on the basis of both refusal of alcohol rehabilitation and character disorder.

910827:  Consolidated Substance Abuse Counseling Center: Impression: Alcohol dependent. Recommendations: Level III treatment, if SNM refuse treatment than he should be administratively separated from the service, with the opportunity for V.A. treatment.

910905:  MHC, USNH, Okinawa: Follow up S/P 24-26Aug 91. Pt has been without SI/SHI. Has not been drinking. Has been without misconduct. Was seen by SACCO who concurred with admin sep due to refusal of Level III alcohol rehab refusal and character disorder. Assess: 1 Marital problem. 2. Alcohol dependence. 3. Antisocial personality disorder. 4. Stable.

920306:  Counseling: Advised of deficiencies in performance and conduct (General: Unable to manage your money and pay lawful debts. Specifically: Failure to make payments on debts incurred by the purchase of a car and the purchase of a ring.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920330:  Medical evaluation by Substance Abuse Control Officer and found psychologically dependent on ETOH.

920413:  NJP for violation of UCMJ, Article 86: Was abs from app pl of du, to wit: 14 Area pool for Company Remedial Swimming.
         Award: Forfeiture of $213 per month for 1 month, extra duty for 14 days. Forfeiture suspended for 3 months. Not appealed.

920420:  NJP for violation of UCMJ, Article 92: Did at A Co, 1 st LSB, 1 st FSSG, on or about 920414, 0715, disobey a direct order from 2ndLt G_ by not reporting to him.
 Violation of UCMJ, Article 86: Was at 14 Area Swim Tank, on or about 920420, 0600 to 920420, 0725, UA fr app pl of du; remedial P.T.
          Award: Forfeiture of $213 per month for 1 month, restriction and extra duty for 14 days. Forfeiture suspended for 45 days. Not appealed.

920421:  Forfeiture of pay awarded at NJP on 920413 vacated due to continued misconduct.

920422:  Counseling: Advised of deficiencies in performance and conduct (General: Lack of discipline, failure to conform to rules and regulations of the UCMJ. Misconduct contrary to good order and discipline. Specifically: Following orders from Plt Sgt and Plt Cmd on a daily basis and being at appointed place of duty whenever directed by NCO’s, SNCO’s and officers.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920701:  Commanding Officer notified of Level III bed site at the Alcohol Rehabilitation Department, Corpus Christi, TX beginning 920724 for Applicant.
920722:  Applicant refused treatment.

 920806:  Applicant notified of intended recommendation for honorable discharge (with the least favorable characterization of service as under honorable conditions (general)) by reason of alcohol rehabilitation failure. The factual basis for this recommendation was your refusal to attend alcohol rehabilitation treatment after being diagnosed by a medical officer as being alcohol dependent.
920814:  Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

920820:  Commanding Officer, 1 st Landing Support Battalion, recommended Applicant’s honorable discharge by reason of alcohol rehabilitation failure. Commanding Officer’s comments: “On 30 Mar 92, LCpl T_(Applicant) was evaluated by a Medical Officer who determined that LCpl T_(Applicant) was psychologically dependent on alcohol (enclosure 4). A Level III Treatment Bed Site was reserved for 24 July 92 in Corpus Christi, TX (enclosure 5). On 22 July 92, two days prior to beginning treatment, LCpl T_(Applicant) formally refused treatment by signing a Refusal of Treatment statement (enclosure 6). By signing this statement, he conceded that his refusal of treatment may be used as grounds for administrative separation. LCpl T_(Applicant) acknowledged that he had been diagnosed by a Medical Officer as being alcohol dependent, and that he does not desire to be enrolled in the Veteran’s Administration Drug and Alcohol Program in conjunction with discharge (enclosure 7). The potential threat which this untreated alcoholic Marine poses to himself and others has been carefully weighed against his potential for further service, and I strongly feel that untreated alcoholics have no place in the Marine Corps.
 Despite LCpl T_(Applicant)’s problem with alcohol, his service with the Marine Corps has been honorable. His average proficiency/conduct marks are 4.5/4.3 in grade, and 4.4/4.3 in service (enclosure 8). His record reflects a period of approximately 8 months, form 910820 to 920421, where LCpl T_(Applicant) had a string of problems, however, his proficiency and conduct marks reflect that he deserves an Honorable discharge. Additionally, LCpl T_(Applicant) has contributed $1200 to the Montgomery G. I. Bill, and his participation in this program is in jeopardy if he receives less than an Honorable discharge.
I recommend LCpl T_(Applicant) receive and Honorable characterization of service upon his discharge.”
920908:  SJA returned the Commanding Officer’s recommendation for Applicant’s administrative discharge indicating that the Applicant should be processed for all applicable reasons for discharge.

920921:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under honorable conditions (general) by reason of alcohol rehabilitation failure and misconduct due to minor disciplinary infractions. The factual basis for this recommendation was your refusal to attend alcohol rehabilitation treatment, your three nonjudicial punishments, and two adverse page 11 entries.

921005:  Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

921013:  Commanding Officer, 1 st Landing Support Battalion, recommended Applicant’s discharge under honorable conditions (general) by reason of alcohol rehabilitation failure and misconduct due to minor disciplinary infractions.

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

921016:  GCMCA, Commanding General, 1 st Force Service Support Group, directed the Applicant's discharge under honorable conditions (general) by reason of alcohol rehabilitation failure and misconduct due to minor disciplinary infractions. The primary basis for separation was misconduct due to minor disciplinary infractions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19921023 by reason of misconduct due to minor disciplinary infractions (A and B) with a service characterization of under honorable conditions (general). 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).

 When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable. A general discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. Despite the Applicant’s contention that he received “only 2 office hours,” the record shows the Applicant’s service was marred by three nonjudicial punishment proceedings for violations of Articles 86, 91 and 92 of the UCMJ. The Applicant’s violations of Articles 91 and 92 of the UCMJ are serious offenses. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the Marine Corps and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

The Applicant indicted he would like a change of narrative reason. The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. The summary of service clearly documents that misconduct due to minor disciplinary actions was the reason the Applicant was discharged. Since no other Narrative Reason for Separation could more clearly describe why the Applicant was discharged, a change would be inappropriate.

The Applicant contends that he was young and did not understand the repercussions of his actions. While he may feel that his immaturity was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The Applicant implies that his post-service accomplishment in education should be considered in changing his discharge. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any post-service documentation for the Board to consider. Relief denied.

Regarding the Applicant’s request to change his “RE” code, the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces. Therefore, the NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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 additional evidence related to this discharge. 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 91, insubordinate conduct, or Article 92, disobey order/regulation.
C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .


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 “ http://Boards.law.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:

                  Secretary of the Navy    Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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