Search Decisions

Decision Text

USMC | DRB | 2006_Marine | MD0600558
Original file (MD0600558.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD06-00558

Applicant’s Request
The application for discharge review was received on 20060310 . 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 “ Convenience of the Government .” 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 2 0070103 . 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 ization of the discharge and reason for discharge shall not change. The discharge shall remain Under Other Than Honorable Conditions by reason of misconduct due to a pattern of misconduct.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Equity:          Personal Problems -- alcohol
         Post – service
         Youth and immaturity
         Good service performance
         Close to end of enlistment

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Service 2) (2 c opies)
Applicant’s issues (2 pages)
Ltr from R_ T. B_, State Representative, 40 th District, dtd January 3, 2005
 C haracter Reference ltr from J_ T. R_, dtd July 15, 2005
Character Reference ltr from J_ O_, TCF Business Banking Manager, dtd July 13, 2005
Character Reference ltr from E_ V_, Closing Manager, dtd October 1, 2004
Character Reference ltr from W_ D_, Pastor, dtd October 13, 2004
Character Reference ltr from E_ P_, Retired CPT USAR, dtd October 26, 2004
Character Reference ltr from G_ A_ M_ Sr., dtd July 20, 2005
 Ltr from Applicant, dtd September 6, 2005
Ltr from Applicant, dtd July 20, 2005
Ltr from National Personnel Records Center, dtd February 20, 2006 (2 pages)
28 pages from Applicants Service Record
2 pages from News Article about Applicant
 27 pages from Applicant’s Service Record
 Applicant’s Transcript from Maine Township High School East
Education Verification
37 pages from Applicant’s Service Record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19950530 - 19950815       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19950816              Date of Discharge: 19990423

Length of Service (years, months, days):

 Active: 0 3 0 8 0 7
         Inactive: None

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

Age at Entry: 21

Years Contracted: 4

Education Level: 12                                 AFQT: 50

Highest Rank: LCpl                                   MOS: 6541

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 4 ( 10 )             Conduct: 3 . 7 ( 10 )

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Marksmanship Badge, National Defense Service Medal, Navy and Marine Corps Achievement Medal


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 :
960423:  Counseling: Advised of deficiencies in performance and conduct (Providing alcohol for an under-aged Marine, Article 92, disobedience of a lawful order.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
960607 :  NJP for violation of UCMJ, Article 86: Unauthorized a bsence a t 2400 on 960530.
         Violation of UCMJ, Article 112: Drunk on duty on 960530.
         Award: Forfeiture of $ 2 00 .00 pay per month for 2 month s ($100.00 suspended for 2 months) , restriction and extra duty for 45 days, reduction to E- 1 (suspended for 2 months) . Not appealed.
960624:  Counseling: Advised of deficiencies in performance and conduct (Concerning my alcohol-related incident; specifically under age drinking and DWI (.16). On 960620 you were screened by the staff at MCAS New River SACC and determined to be an alcohol abuser, and therefore directed to attend a LEVEL II program as a result of this incident.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
960812:  Director, Sub stance Abuse Counseling Center indicated that the Applicant
         LCpl M_ completed the five day outpatient Level II treatment conducted at SACC MCAS, New River on 960628.
          Recommendation: Aftercare plan is as follows. SNM is to have weekly check-ins with the unit SACO for the remainder of his one year of aftercare.
970218 :  Counseling: Advised of deficiencies in performance and conduct ( Concerning alcohol-related incident, specifically, DWI (BAC .15) on 970214 at MCAS New River. ), necessary corrective actions explained, sources of assistance provided.
970319:  NJP for violation of UCMJ, Article 92: Failure to obey order or regulation on or about 1845, 970214.
 Violation of UCMJ Article 111: At MCAS New River, LCpl M_ (Applicant) was apprehended for driving under the influence with a BAC of .15 on or about 1845, 970214.
          Award: Forfeiture of $500.00 pay per month for 2 months ( $400 suspended for 6 months), 30 days of CCU (suspended for 6 months). Reduction to E-2 (suspended for 6 months). Not appealed.
970709:  Forfeiture of pay and reduction in pay grade awarded at NJP vacated due to continued misconduct.
970709:  NJP for violation of UCMJ, Article 86: UA from 1630, 970522 to 0700, 970528.
 V iolation of UCMJ, Article 107: D ismissed.
          Award: Forfeiture of $250.00 pay per month for 2 months (suspended for 6 months), reduction to E-1 (suspended for 6 months). No indication of appeal in the record.
970827 :  Counseling: Advised of deficiencies in performance and conduct ( Completion of Correction Custody on 970701 .), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
980520:  NJP for violation of UCMJ, Article 92: At MAL-29 MAG-29 MCAS New River, Failure to obey BO P5560.2K by driving without a valid drivers license and by transporting alcohol beverages in an op en container at 1910, 980506.
Violation of UCMJ Article 111: Driving under the influence with a BAC of [illegible] at 1910, 980506.
          Award: Forfeiture of $300.00 pay per month for 2 months (suspended for 6 months), restriction and extra duty for 45 days (suspended for 6 months), reduction to E-1. No indication of appeal in the record.
980602:  Director, Substance Abuse Counseling Center Marine Corps evaluated the Applicant on 980602 and the results are as follows:
         Impression: Alcohol Dependence
         Recommendations: Structured Continuing Care (Client will attend AA meeting 1 times per week ) , and participate in continuing care group until administrative separation.

 980710:  Director, Substance Abuse Counseling Center Marine Corps stated that on 970522, the Applicant successfully completed the Intensive Outpatient Treatment program at the Alcohol Treatment Facility, at Camp Lejeune. Since completion of treatment, SNM has failed to follow his prescribed continuing care program. SNM has returned to a maladaptive pattern of abusive drinking and received a DWI aboard Camp Lejeune, NC, on 980506.
981118 :  Applicant notified of intended recommendation for discharge with under other than honorable conditions characterization by reason of misconduct due to a pattern of misconduct. The factual basis for this recommendation was your discreditable involvement with military authorities. Applicant informed the least favorable character of service possible was under other than honorable conditions. Advised that the CO intended to recommend a characterization of other than honorable.

981118 :  Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.
990129 :  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to a pattern of misconduct, that such misconduct warranted separation, and recommended discharge under other than honorable conditions.
Un dated :         Commanding Officer, Marine Aviation Logistics Squadron 29, recommended that the Applicant be discharged under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

Un dated :          Commanding Officer, Marine Aircraft Group 29, recommended that the Applicant be discharged with a general (under honorable conditions) by reason of alcohol rehabilitation failure . Commanding Officer’s comments: “ I recommend that the respondent receive a general (under honorable conditions) discharge by reason of alcohol rehabilitation failure under paragraph 6209 of the reference. Private M_ [Applicant’s] ‘Pattern of Misconduct’ stems from his over indulgence of alcohol for which he was diagnosed as “Alcohol Dependent” by a medical officer in March 1997 and subsequently referred to Level III Intensive Outpatient Treatment which he completed in May 1997. He was screened again in July 1998 due to his failure to follow prescribed after care program (received a DWI on 980506). A review of the statements of Immediate Supervisor forms provided with the package and appended to the Administrative Discharge Board proceedings all recommend he receive a General discharge. His OIC (Maj D_) further indicates a desire to retain the respondent to EAS. All supervisors attest to his good work attributes with his only weakness being his past incidents of alcohol abuse. ”

990402 :  SJA review determined the case sufficient in law and fact.
990402 :  Commanding General , 2d Marine Aircraft Wing directed that the Applicant will be d ischarge d 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 19990423 by reason of misconduct due to a pattern of misconduct (A and B) with a service characterization of under other than honorable conditions. 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 Board presumed regularity in the conduct of governmental affairs (E).
When the service of a member of the U.S. Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable. An under other than honorable conditions 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. The Applicant’s service was marred by three retention warnings and four nonjudicial punishment proceedings for violations of UCMJ Articles 86 (unauthorized absence), 92 (failure to obey a law or regulation), 111 (drunk driving), and 112 (drunk on duty). Violations of UCMJ Articles 92 (failure to obey an order or regulation), 111 (drunken driv ing ), and 112 (drunk on duty) are considered serious offenses for which a punitive discharge is warranted at courts martial. 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 U.S. Marine Corps and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

The Applicant provided evidence of post-service conduct in support of his request for upgrade. 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. The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. After a complete review of the Applicant’s record, issues submitted, and post service accomplishments, the Board determined that the discharge was appropriate and that the evidence of post-service conduct was found not sufficient to mitigate the conduct that precipitated the discharge. Relief denied.

The Applicant contends that his problems in the Marine Corps can be attributed to his "overindulgence in alcohol." While he may feel that his abuse of alcohol was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was determined to be 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 requests a change to the narrative reason for his discharge to reflect “convenience of the government.” The summary of service clearly documents that misconduct due to a pattern of misconduct was the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Relief is not warranted.

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 P1900.16E), 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 92 (failure to obey an order or regulation), 111 (drunk en driv ing ), and 112 (drunk on duty) .

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 .

E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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


Similar Decisions

  • USMC | DRB | 2005_Marine | MD0500996

    Original file (MD0500996.rtf) Auto-classification: Denied

    MD05-00996 Applicant’s Request The application for discharge review was received on 20050524. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. 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 95, escape from...

  • USMC | DRB | 2005_Marine | MD0500481

    Original file (MD0500481.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.010823: Applicant signed Substance Abuse Counseling Center statement of understanding of treatment for substance abuse after his discharge at a Veterans Administration Medical Center.011206: NJP for violation of UCMJ, Article 92 (2...

  • NAVY | DRB | 2006_Navy | ND0600590

    Original file (ND0600590.rtf) Auto-classification: Denied

    Recommend Applicant be discharged from the naval service. Recommendation: Applicant be discharged from the Naval Service. Applicant receive CAAC Level III treatment through the VA program after separation from Navy.931211: Applicant notified of intended recommendation for discharge with the least favorable characterization of service as other than honorable by reason of misconduct due to a pattern of misconduct and misconduct due to commission of serious offenses as evidenced by violating...

  • NAVY | DRB | 2006_Navy | ND0600051

    Original file (ND0600051.rtf) Auto-classification: Denied

    Issues, as stated Applicant’s issues, as stated on an attached letter:“CS2 B_ M_ (Applicant) was improperly discharged with less than six (6) months before he was eligible to retire. The patient was referred for treatment to the Substance Abuse Rehabilitation Program (SARP), Naval Medical Center, San Diego (NMCSD), for an on base DUI BAC.11 on 30APR03. 040825: Commanding Officer, Naval Base, San Diego, recommended to Chief of Naval Personnel, that the Applicant be discharged under other...

  • USMC | DRB | 2006_Marine | MD0600696

    Original file (MD0600696.rtf) Auto-classification: Denied

    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 “ convenience of the government.” The Applicant requests a documentary record discharge review. B. M_, Jr, Colonel, Retired, U. S. Army, undatedApplicant’s DD Form 214 (Service 2) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USMCR (DEP) 20010420 -...

  • NAVY | DRB | 2003_Navy | ND03-01231

    Original file (ND03-01231.rtf) Auto-classification: Denied

    ND03-01231 Applicant’s Request The application for discharge review was received on 20030716. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to “Reasons Satisfactory to SECNAV.” The Applicant requests a documentary record review. [EXTRACTED FROM SUPPORTING DOCUMENTS SUBMITTED BY THE APPLICANT.]

  • USMC | DRB | 2005_Marine | MD0500665

    Original file (MD0500665.rtf) Auto-classification: Denied

    920912: Applicant charged with driving while impaired, Level 2.921104: NJP for violation of UCMJ, Article 81: Not appealed.921113: Consolidated Drug and Alcohol Center, Marine Corps Base, Camp Lejeune: Applicant evaluated and found to an alcohol abuser.930801: Applicant to unauthorized absence 1200, 930801.930806: Applicant from unauthorized absence 0530, 930806 (4 days/surrendered).930818: Consolidated Drug and Alcohol Center, Marine Corps Base, Camp Lejeune Consultation report: Diagnostic...

  • USMC | DRB | 2005_Marine | MD0501067

    Original file (MD0501067.rtf) Auto-classification: Denied

    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 “medical issues.” The Applicant requests a documentary record discharge review. SUPPORTING DOCUMENTS: “DD 214 Citations Medical Records in service Mental Health established in Marines was being discharged with notable mental distress from Marines seen by psychiatrist at home. 040517: Commander, 2d Marine Aircraft...

  • USMC | DRB | 2002_Marine | MD02-00812

    Original file (MD02-00812.rtf) Auto-classification: Denied

    940103: Commanding Officer, H&HS MCAS Tustin CA recommended to separa-tion authority that Applicant be discharged under other than honorable conditions by reason of misconduct due to a pattern of misconduct. 940207: GCMCA (Commander, Marine Corps Air Bases, Western Area) directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. At this time, the Applicant has not provided such documentation for the Board to consider.

  • NAVY | DRB | 2004 Marine | MD04-00163

    Original file (MD04-00163.rtf) Auto-classification: Denied

    MD04-00163 Applicant’s Request The application for discharge review was received on 20031029. I do take full responsibility for my actions while enlisted and regret those choices that I made which resulted in this outcome. The factual basis for this recommendation was (the Applicant’s) history of misconduct during his time in the Marine Corps.