Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. MD99-01120

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

 ex-LCpl, USMC
Docket No. MD99-01120

Applicant’s Request

The application for discharge review, received 990824, requested that the reason for the discharge be changed to (blank).  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000424.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: HONORABLE/ALCOHOL REHABILITATION FAILURE (no board not required), authority: MARCORSEPMAN Par. 6209.

The NDRB did note an administrative error on the original DD Form 214.  Block 12c, Net Active Service this Period should read “02 02 03” vice “02 02 00”. The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I have an honorable discharge, under alcohol failure.  I do not have a alcohol problem.  I simply disliked the Marines, so I dropped out of rehab.

I served 2 years and 2 months and contributed to the MCIB and I need funds for college.  I hope you will reconsider you decision on denying me the MGIB because of my time in service.  I really need that money so that I can get a college education so I can pursue a professional occupation.

I would like to thank the board for there time, and hope that you will make the right decision for my future.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

None

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive: USMCR(J)		930629 - 940613	COG

Period of Service Under Review:

Date of Enlistment:  940614		Date of Discharge:  960816

Length of Service (years, months, days):

	Active:    02  02  03
	Inactive:  None

Age at Entry:  17			Years Contracted:  4

Education Level:  12			AFQT:  UNK

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.4 (5)			Conduct:  4.4 (5)

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):

HONORABLE/ALCOHOL REHABILITATION FAILURE, authority: MARCORSEPMAN Par. 6209.

Chronological Listing of Significant Service Events:

930622:	Applicant briefed on Navy's policy on drug and alcohol abuse.

960319:	Extracted from letter from Director, Consolidated Drug and Alcohol Center to CO dated 1May96: Counselor's diagnostic impression was Alcohol dependence and was confirmed by a medical officer's diagnosis.

960410:	Counseled for deficiencies in performance and conduct.  [Driving under the influence of alcohol.  Drinking under age, disobeying a lawful order, misuse of another Marines property.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

960412:	NJP for violation of UCMJ, Article 92:
Specification: Consuming alcohol while under the age of 21.
Awarded forfeiture of $150.00 per month for 1 month, restriction and extra duties for 14 days.  Forfeiture, restriction and extra duty suspended for 6 months.  Not appealed.

960415:	Counseled for deficiencies in performance and conduct.  [Failing to obey and follow base order 1700.6h (underage drinking) which resulted in Company NJP 960412.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960430:	Consolidated Drug and Alcohol Center:  Advised applicant of failure of treatment for substance abuse, specifically: refusal of Level III treatment for alcohol dependence.

960502:	Applicant released from Naval Hospital and returned to your command as a result of failure through inability or refusal to participate in, cooperate in, or successfully complete an alcohol treatment and rehabilitation program.

960529:	NJP for violation of UCMJ, Article 92:
Specification: Violated Bn Cmdrs Liberty Risk Program on 24May96 thru 27May96 by not signing in from liberty at 2200.
Awarded forfeiture of $100.00 per month for 1 month, restriction and extra duties for 7 days. Not appealed.

960604:	Vacate suspended forfeiture, restriction and extra duty awarded at CO's NJP of 12Apr96.

960617:	Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of alcohol rehabilitation failure.

960619:	Applicant advised of his 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 and included a written statement in rebuttal.

960626:	Commanding officer recommended discharge general (under honorable conditions by reason of alcohol rehabilitation failure.  The factual basis for this recommendation was failure of Level III alcohol rehabilitation treatment as confirmed by his SF 600 of 30 April 1996 and the Commanding Officer, Naval Hospital's ltr 5353 38 of 2 May 1996. 

960724:	SJA review determined the case sufficient in law and fact, and recommends an honorable discharge.

960730:	GCMCA [CG, 2d MarDiv, U.S. Marine Corps Forces, Atlantic] directed the applicant's discharge honorable by reason of an alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960816 honorable due to alcohol rehabilitation failure (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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).

In the applicant’s issues the Board found that the applicant acknowledged, on 940617, that he understood that he must complete 36 months of active duty service before he is entitled to the MGIB. The applicant served only 26 months, thus not qualifying for the MGIB. The applicant was correctly discharged for dropping out of alcohol rehabilitation.  Relief denied.  

Pertinent Regulation/Law (at time of discharge)

A.  The Marine Corps Separation and Retirement Manual, (MCO P1600.19E), effective 950818 until Present, Paragraph 6209, ALCOHOL REHABILITATION FAILURE.
 
B.  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.  

C.  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.

D.  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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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
		Washington Navy Yard
		720 Kennon Street SE Rm 309
		Washington, D.C.  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A6900/A9219/A9217/A9303/A9319/A0147