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

Docket No. MD02-00753

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

 ex-LCpl, USMC
Docket No. MD02-00753

Applicant’s Request

The application for discharge review, received 020502, requested that the characterization of service on the discharge be changed to honorable.  The Applicant requested a personal appearance discharge review before a traveling panel closest to Longview, TX.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter to the Applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area.  The NDRB also advised the Applicant that the Board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030214.  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: GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE, authority: MARCORSEPMAN Par. 6209.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  My case is simple to understand by many.  I [Applicant], was entered into an alcohol rehabilitation program at Camp Pendleton, CA in 1996.  My completion was just a week or so away when our company had to deploy to 29 Palms, CA.  I was attending a level 3 out patient program prescribed by the Marine Corps.  My entrance into this program was strictly voluntary.  I went to my Chaplin and told him about my difficulties with alcohol.  He told me it would be a wise thing to do and that it would strengthen my cutting scope for promotion, you see, for the past year I had been achieving high standards through out my battalion and company.  I was making a noticeable come back so to say, I had to polish my resume for future reference.  I knew that the trouble I had gotten into would come back to haunt me later in life.  I was bettering myself.  After returning to Camp Pendleton, CA I found out the news that is haunting me to this day.  My 1^st Sgt called me into his officer and said, "(Applicant), you are being discharged from service!"  My imediate reaction goes without saying, I was shocked.  I asked why and he sat back down and said these words that I will never forget.  He said, " Your leutinant lied to you."  You see my leutinant told me he had cleared up things between my counselors and the Company.  I had 1 week left in my rehibilitation classes and could not afford to miss any days.  I had already missed 2 days, 1 more and I was out!  I missed 2 days prior on a Company level exercise.  I knew the circumstances that would be facing me if I went to 29 Psalmes.  My leuitinant told me he had talked to them and said that the rehabilitation center would give me an early completion, that every thing was Ok!  Not to worry, so I took his word for it since I was only an E-3 Lncpl, that is my case.  I am willing to everything I can to resolve this matter please stay in touch for I am deeply concerned.  Thank you.  Proof of accomplishments after U.A. status  Please see to it somebody helps me!

Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION."  None were found.

Documentation

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

Applicant's DD Form 214 (2)
Meritorious mast dated January 17, 1996
Certificate of completion of Marine Corps Institute (MCI) Course
Letter from Department of Veterans Affairs dated April 13, 1998
Meritorious mast dated January 14, 1994
Letter from Commanding Officer to Applicant's parents dated November 1, 1994

PART II - SUMMARY OF SERVICE

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

	Inactive: USMCR(J)		930219 - 930907	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  930908		Date of Discharge:  970530

Length of Service (years, months, days):

	Active:    03  08  12	Does not exclude lost time
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  45

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):
 
Proficiency:  4.3 (10)			Conduct:  3.9 (10)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR

Days of Unauthorized Absence:  49: (19)950607-950627; (29)950705-950803;
  (1)960510-960511.

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

GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE, authority:  MARCORSEPMAN Par. 6209.

Chronological Listing of Significant Service Events:

950209:	Psychiatric evaluation: Diagnostic Impression: Axis II Borderline and avoidant personality disorder.

950607	Absent without authority from 950607 to 950627 (19 days).

950703:	Absent without authority from 950705 to 950803 (29 days).

950809:	NJP for violation of UCMJ, Article 86 (2 specs):
Specification 1: Unauthorized absence from 0730 on 950607 to 0730 on 950628 (19 days/surrendered).
Specification 2: Unauthorized absence from 0230 on 950703 to 2300 on 950803 (29 days/surrendered).
Awarded forfeiture of $478.00 per month for 2 months, restriction and extra duties for 45 days, reduction to PFC.  Not appealed.

960108:	Counseled for deficiencies in performance and conduct.  (Failure to maintain financial obligation with AAFES credit program/civilian creditor.  Extenuating circumstances are not involved concerning (Applicant's) delinquent payment to:  DPP for the amount of 50.00.)  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

960510:	Absent without authority from 960510 to 960511 (1 day).

960517:	NJP for violation of UCMJ, Article 86:
Specification: Unauthorized absence from 0730 to 2400 on 960510.
Awarded forfeiture of $249.00 per month for 1 month, restriction and extra duties for 14 days.  Forfeiture suspended for 6 months.  Not appealed.

960529:	Medical Record: Diagnostic Impression: alcohol dependent.

961118:	Counseled for deficiencies in performance and conduct.  (Financial irresponsibility with AAFES (UCDPP).  Specifically, on 961101 you were reported to this command about your third delinquency notice.)  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

970225:	Applicant refused treatment for addiction/substance abuse, specifically, continuing care.

970225:	Director, CSACC, Camp Pendleton notified Applicant's command of his refusal of treatment; recommended initiation of administrative separation.

970422:	Counseled for deficiencies in performance and conduct.  (Your refusal of Level III alcohol treatment.  Specifically, on 25 Feb 97 you refused treatment at the Consolidated Substance Abuse Control Center, Camp Pendleton.)  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

970422:	Applicant notified of intended recommendation for discharge with characterization of general (under honorable conditions) by reason of alcohol rehabilitation failure.

970422:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights.

970430:	Commanding Officer recommended discharge with characterization of general (under honorable conditions) by reason of alcohol abuse rehabilitation failure.  Commanding Officer comments: "The factual basis for this recommendation was you were diagnosed as alcohol dependent and refused treatment."

970516:	GCMCA (Commanding General, 1^st Marine Division (Rein)) directed the Applicant's discharge with a characterization of general (under honorable conditions) by reason of alcohol abuse rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 970530 general (under honorable conditions) 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).

Issue 1.  The Applicant contends he did not receive due process as he was forced by his command to disenroll from Level III Alcohol Rehabilitation; thus, his discharge was neither proper nor equitable.  The NDRB found no impropriety or inequity in the Applicant's processing for administrative separation.  Relief is denied.

The service records that the Board reviewed showed that the Applicant was disenrolled from Level II Continuing Care and not from Level III treatment as he stated.  This disenrollment from Level II Continuing Care was not the basis for separation -- the Applicant's subsequent refusal of Level III Alcohol Rehabilitation treatment, as documented in both the Applicant's service and medical records, was.  The service records show that the Applicant was afforded the appropriate due process at every opportunity.  The NDRB further found the Applicant's service record, to include two nonjudicial punishments and three derogatory page 11 entries, further substantiated the character of service received by the Applicant.  The Applicant's discharge characteriza-tion accurately reflects his service to his country.

The Applicant is reminded he remains eligible for a personal appearance hearing provided that an application is received within 15 years from the date of discharge.   Representation at a personal hearing is recommended but not required.

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 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/A9401/A6901/A9217/A9223/A9221