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

Docket No. MD00-00448

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

 ex-SSgt, USMC
Docket No. MD00-00448

Applicant’s Request

The application for discharge review, received 000215, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested 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 000928.  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: UNDER HONORABLE CONDITIONS (GENERAL)/Alcohol Abuse Rehabilitation Failure (administrative discharge board not required), authority: MARCORSEPMAN Par. 6209.

The NDRB did note an administrative error on the original DD Form 214.  Block 12a, Date Entered AD This Period, should read:  "84  02  01" vice "82  01  28", Block 18, Remarks, should contain the following statement:  "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 84FEB01 UNTIL 88SEP01", Block 25, Separation Authority, should read:  "MARCORPSEPMAN 6209" vice "6206.3", Block 26, Separation Code, should read:  "JPD1" vice "HHJ4", and Block 28, Narrative Reason for Separation should read:  “Alcohol Abuse Rehabilitation Failure (administrative discharge board not required)” vice “Unsatisfactory Performance of Duties”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  Had previous exceplanary fitness reports from 1982 thru 1991.

2.  Hadn't received a fitness report in last two years of service.

3.  Received no disciplinary action.

4.  Had returned from Gulf War and was attached to new unit, his record book didn't arrive with him (unsure when it did finally arrive.)  He was suffering from PTSD which went undiagnosed till several months later.  His new commander was making decisions about his future without knowing about his past, i.e: made statements that marine couldn't manage his finances because had borrowed because a check wasn't issued due to pay records not being available.  This assumption even though inaccurate was used against (applicant).

5.  Request mast was submitted (1992) in order to address issues.  Submitted in writing to S-1 T_. to female warrant officer.  Afterwards (Applicant) was a patient at a locked down rehabilitation medical unit.  Per his request.
Wife attempted to follow thru on request mast.  Was informed by warrant officer thru other personnel at S-I that (applicant) would be given an opportunity for mast after his release from hospital & prior to discharge from Corp.
(Applicant) was discharged from Marine Corp the same day he was released from hospital.
Request mast wasn't passed thru chain of command.
Warrant officer denied having received request.
Original written request was found in (applicant's) record book.
It is our stipulation that if (applicant) has been given his request for mast that issues would have been addressed which may have shed a difference light on his discharge.  Please evaluate & review entire career as a Marine and change discharge status to honorable.  With regards (Applicant)

Documentation

Only the service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		840201 - 880831	HON
					820128 - 840131	HON
	Inactive:  USMCR		800405 - 820127	HON
	Active:    USMC		760105 - 800404	HON
	Inactive: USMCR(J)		750919 - 760104	COG
		
Period of Service Under Review:

Date of Enlistment:  880901		Date of Discharge:  920403

Length of Service (years, months, days):

	Active:    03  07  03
	Inactive:  None

Age at Entry:  35			Years Contracted:  4 

Education Level:  12			AFQT:  50

Highest Rank:  SSgt

Final Enlisted Performance Evaluation Averages:  Enlisted performance reports were available to the Board for review.

Military Decorations:  None

Unit/Campaign/Service Awards:  SASM, GCM(3), NDSM, CAR, SSDR(2), MUC, KLM, LOA 

Days of Unauthorized Absence:  7

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/Alcohol Abuse Rehabilitation Failure (administrative discharge board not required), authority:  MARCORSEPMAN Par. 6209. [Administratively corrected.]

Chronological Listing of Significant Service Events:

901001:	Admitted to Naval Hospital Okinawa for inpatient Level III treatment of alcoholism.

901116:	Completed treatment and returned to duty.

911119:	Joint Drug and Alcohol Counseling Center:  The following recommendations were made:  a.  Medical evaluation on 19 Nov 91 for detox.  b.  VA treatment in conjunction with admin discharge for rehabilitation failure.  c.  Supervised antabuse by an officer or SNCO if medically qualified.  d.  Attend 5 AA meetings a week until discharge and have attendance card signed.  e.  Abstain from alcohol and those establishments whose primary purpose is the sale and consumption of alcohol.  f.  Weekly session command SACO.  g.  Member's two previous inpatient treatments are May-Jul 87 at Great Lakes Hospital and Oct-Nov 90 at Okinawa Hospital.  Command can request third treatment.  CMC approval will be required for treatment.  JDACC, if notified, will send message to CMC for authorization.

911210:	Counseled for deficiencies in performance and conduct (repeatedly late in reporting to work, lack of military bearing, motivation and interest or willingness to learn).  Necessary corrective actions explained, sources of assistance provided, advised being processed for an administrative discharge.

911210:	Counseled for deficiencies in performance and conduct [failure to abstain from alcohol consumption/abuse despite having twice undergone level III treatment which has resulted in my hospitalization for detoxification/stabilization].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

911210:	Admitted to Naval Hospital, Camp Pendleton, for detoxification.  Estimated period of hospitalization - 3 to 5 days.

911216:	Legal Officer, Marine Wing Support Squadron 374 informal preliminary inquiry supports administrative discharge processing.

911218:	Applicant notified of intended recommendation for discharge with a general under honorable conditions by reason of unsatisfactory performance, specifically, alcohol rehabilitation failure, based on chronic alcoholism despite twice undergoing Level III treatment.

911219:	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

911226:	Applicant requested enrollment in the VA hospital or facility Drug and Alcohol Rehabilitation Program in conjunction with discharge.

911226:	Counseled for deficiencies in performance and conduct (failure to abstain from alcohol directly resulted in my being readmitted to the hospital 911210 despite having been formally counseled to abstain from alcohol that same morning.].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

920108:	CMC authorized VA treatment in conjunction with applicant's discharge.

920121:	Commanding Officer, Marine Wing Support Squadron 374, recommended discharge under honorable conditions (general) by reason of unsatisfactory performance.  The factual basis for this recommendation was alcohol rehabilitation failure.

920211:	Applicant waived right to an Administrative Discharge Board.

920212:	SJA review determined the case sufficient in law and fact.

920213:	GCMCA [CG, 3D MAW] directed the applicant's discharge with a General (Under Honorable Conditions) by reason unsatisfactory performance of duties and directed assignment of SPD code of HHJ4.  Authorized medical treatment at VA medical facility in conjunction with discharge.

920306:	Counseled for deficiencies in performance and conduct (failure to report to work from 0830, 920203 to 0700, 920211, being charged fro UA for this period).  Advised no NJP will be given at this time due to pending admin discharge. Necessary corrective actions explained, sources of assistance provided, and advised of being processed for an admin discharge.

920306:	Applicant requested VA medical treatment nearest home of record for alcohol dependence at VA medical Center, Long Beach, VA in conjunction with discharge.

920309:	Transferred to Naval Hospital Long Beach for further transportation to VA Medical Center Long Beach for treatment.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920403 under honorable conditions due to alcohol abuse 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 response to the applicant’s issue 1 that he “had previous exceplanary (sic) fitness reports from 1982 thru 1991,” the Board found that the applicant’s fitness reports from previous enlistments have no bearing on the characterization of the current enlistment.  The applicant’s fitness reports during the enlistment of 880901 through 920403, the most recent enlistment, were taken into account by the applicant’s commanding officer when the applicant received a characterization of under honorable conditions (general).  No relief will be granted based on this issue. 

The applicant states in issue 2 that he “hadn't received a fitness report in last two years of service.”  The Board found that the applicant was counseled on numerous occasions for his work performance and failure to abstain from alcohol.  The applicant was also sent to Level III inpatient alcohol treatment for the second time in his career and after completing treatment, was later hospitalized to detoxify when he came to work under the influence of alcohol.  The Board finds that the applicant was properly discharged for Alcohol Rehab Failure with a General discharge.  The Board finds the applicant’s issue irrelevant for the reason and characterization of discharge.  No relief granted.

The applicant states in issue 3 that he “received no disciplinary action.”  Disciplinary action is not required for an individual to be discharged due to alcohol rehab failure.  According to the Marine Corps Separation and Retirement Manual, “any Marine who successfully completes treatment and subsequently returns to uncontrolled alcoholic drinking, or whose standard of performance and/or conduct remains below Marine Corps standards, and who is not considered amenable to, or qualified for, additional treatment will be processed for separation per paragraph 6206 or 6210, as appropriate.”  The applicant was properly discharged accordingly.  No relief granted.

In the applicant’s issue 4, the fact that the applicant’s record book didn’t arrive with him is irrelevant to his discharge.  The Commanding Officer had the absolute authority to recommend discharge and the GCMCA concurred with these recommendations.  No relief will be granted based on this issue. 

The applicant’s issue 5 concerning request mast is irrelevant to the reason the applicant was discharged.  No relief granted.   

Pertinent Regulation/Law (at time of discharge)

A.  The Marine Corps Separation and Retirement Manual, MCO P1900.16D, effective 890627 until 950817), 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 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

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/A9207/A9311/A0147