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USMC | DRB | 2006_Marine | MD0600874
Original file (MD0600874.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. MD06-00874

Applicant’s Request
The application for discharge review was received on 20060614 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable . 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 20070405 . 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 by reason of misconduct due to a pattern of misconduct.




PART I - ISSUES AND DOCUMENTATION


Decisional Issues
Equity – Personal problems
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20020806 - 20030126       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20030127              Date of Discharge: 20050826

Length of Service (years, months, days):

 Active: 0 2 0 6 3 0
         Inactive: None

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

Age at Entry: 1 8

Years Contracted: 4

Education Level: 12                                 AFQT: 79

Highest Rank: LCpl                                   MOS: 6541

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 3 ( 6 )                        Conduct: 4 . 1 ( 6 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Global War on Terrorism Expeditionary Medal, Sea Service Deployment Ribbon, Global War on Terrorism Service Medal, National Defense Service 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 :

040226:  NJP for violation of UCMJ, Article 86: UA 030920 at 24:00 until 030921 at 08:40.
         Award: Forfeiture of $500.00 pay per month for 1 month, reduction to E-1 (suspended). Not appealed.
040226:  Counseling: Advised of deficiencies in performance and conduct (Unauthorized absence.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
041201:  NJP for violation of UCMJ, Article 92: Failed to obey order or regulation on or about 041024, failed to obey the same by wrongfully consuming alcohol while under the minimum drinking age.
         Award: Forfeiture of $668.00 pay per month for 2 months (suspended for 3 months), and to be orally reprimanded, reduction to E-2. Not appealed.
041206:  Counseling: Advised of deficiencies in performance and conduct (Conviction at NJP for Viol Art 92.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
050322:  Applicant screened at SACC Miramar, CA and determined to have met 3 of 7 criteria for Alcohol Dependence DSM IV (303.90) with physiological dependence. Applicant was recommended to attend Marine Alcohol Awareness Course (MAAC) 28 thru 31 Mar 05 and Intensive Outpatient Treatment (IOP) at SACC Miramar, CA.

050427:  Applicant assigned to Drug/Alcohol Residential Treatment at NARED, Camp Pendleton, CA. Applicant to report NLT 0800 4 May 2005 to Residential Treatment Facility NARED Camp Pendleton. As a condition of this assignment, the Applicant was ordered to abstain from the use of alcohol from this day 27 April 2005 until successful completion of the treatment process and the mandatory 12 month, minimum, aftercare program that follows, if applicable, or as otherwise directed. Applicant advised the a Marine referred to a program of rehabilitation for personal alcohol abuse may be separated for failure through the inability or refusal to participate in, cooperate in, or successfully complete such a program.
050615:  Applicant assigned to the command monitored aftercare program for a period of 12 months or until separated from the Marine Corps. Program recommendations that will be enforced during the Applicant’s assignment include: meeting with the command SACO bi-weekly; attending Alcohol Anonymous three times per week; maintain abstinence during the 12 month Recovery Program.
050714:  Counseling: Concerning my a lcohol related treatment completion , specifically NARED Camp Pendleton on 14 June 2005 . N ecessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
050714:  Counseling: Advised of deficiencies in performance and conduct (Failure to follow your [Applicant] aftercare program.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
050720:  NJP for violation of UCMJ, Article 92: On or about 2330, 050704, failed to obey the same by wrongfully consuming alcohol while under the legal drinking age.
         Award: Forfeiture of $617.00 pay per month for 2 months (suspended for 6 months), restriction and extra duty for 45 days, reduction to E-1 (suspended for 6 months). Not appealed.
050720:  Counseling: Advised of deficiencies in performance and conduct (Failure to obey regulation s pertaining to underage consumption of alcohol resulting in NJP on 20 July 2005 .), necessary corrective actions explained, sources of assistance provided.
050809:  Applicant screened at SACC Miramar, CA for the second time. Applicant completed MAAC 28 thru 31 Mar 05. Applicant attended IOP at SACC Miramar from 25 Mar thru 29 Apr 05 when it was identified that the Applicant needed to be placed in a higher level of treatment and was given a bed date for Residential treatment at SARPD Camp Pendleton, CA. Applicant attended Residential treatment at SARPD Camp Pendleton, CA from 04 May 05 thru 14 Jun 05. Applicant is a command referral for continued alcohol abuse and aftercare failure . Applicant states that after she completed SARPD she did not follow the recommendations of her aftercare. Applicant states that she went on leave where her family was having problems. Applicant states that she was also having problems with her boyfriend and having depression issues. Applicant states that during the 4 th of July weekend she drank an entire bottle of whiskey which caused her to go into seizure and she was taken to the hospital for detoxification. Applicant states that she has been back to the hospital since that incident because she has been abusing her other prescription medications due to continued stress and depression issues. Applicant appears to meet 7 of 7 criteria for Alcohol Dependence DSM IV (303.90) with Physiological Dependence, Poly-substance Dependence DSM IV (304.80), Attention Deficit Disorder/Hyperactivity Not Otherwise Specified DSM IV (314.9), and Borderline Personality Disorder DSM IV (301.83).
         Recommendation by SACC: Applicant be separated from the service due to aftercare failure IAW MCO P1700.24B, NAVMC 2931, or the SEPS manual.
050816:  Forfeiture of pay and reduction in pay grade awarded at NJP on 050720 vacated due to continued misconduct.
050826 :  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct, specifically pattern of misconduct . The factual basis for this recommendation was the 6105 entries dated 040226, and 050720; the page 11 dated 040226; and the NJP’s dated 040226, 041201, and 050720. Applicant informed the least favorable character of service possible was under other than honorable conditions .

 0 50826 :  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.

050907:  NJP for violation of UCMJ, Article 86: On or about 050818, fail to go at the time prescribed to her appointed place of duty, to wit: 1300 Substance Abuse Counseling Center appointment.
 Violation of UCMJ Article 86: On or about 05081 9 , fail to go at the time prescribed to her appointed place of duty, to wit: 0700 morning formation .
          Award: R estriction for 6 0 days. Not appealed.
050907 :  Commanding Officer , MALS – 16, recommended Applicant’s discharge under other than honorable conditions by reason of misconduct a pattern of misconduct .
050907:  Commanding Officer, MAG – 16, recommended Applicant’s discharge under other than honorable conditions. Commanding Officer’s comments: “After reviewing Private Mc_ (Applicant) package, I am requesting he r separation from the Marine Corps in the most expeditious manner possible. Private Mc_ has not demonstrated any improvement with regard to her substance abuse problem or her ability to behave in a manner consistent with Marine Corps values. Additionally, she suffers from a borderline personality disorder that I believe contributes to her ability to comply with policies and orders.”
0 50916 :  SJA review determined the case sufficient in law and fact.
050916 :  GCMCA, Commander, Third Marine Aircraft Wing directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct .

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050826 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).

Equity – Personal problems: The Applicant contends that her discharge is unjust because of things that happened to her while on active duty, specifically, that she was raped which caused her to abuse alcohol.
While she may feel that her abuse of alcohol was the underlying cause of her misconduct, the record clearly reflects her willful misconduct and demonstrated she was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for her conduct or that she should not be held accountable for her actions. Relief denied.

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 4 retention warnings and 4 nonjudicial punishment proceedings for violations of Articles 86 and 92 of the UCMJ. Violations of UCMJ Article 92 are considered serious offenses for which a punitive discharge is authorized if adjudged by a special or general court martial. In addition, the Applicant had a suspended punishment vacated due to her continued misconduct. Also, the Applicant completed the Intensive Outpatient Treatment for alcohol rehabilitation but failed the aftercare program with continued alcohol abuse. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Marine Corps and falls far short of that required for an upgrade of her characterization of service. 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 P1900.16F), effective 01 Sep 2001 until Present.

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 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 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

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