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Docket No. MD02-01341

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

 ex-LCpl, USMC
Docket No. MD02-01341

Applicant’s Request

The application for discharge review, received 20020923, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20030812.  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 HONORABLE CONDITIONS (GENERAL)/Alcohol Abuse Rehabilitation Failure (administrative discharge board not required), authority: MARCORSEPMAN Par. 6209.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  On the contrary, I wish to have my discharge upgraded to "Honorable" due to the following reasons Which I have documents to back it up.  I was sexually harassed while in Okinawa, Japan and seduced by an older female with a little bit of rank over me.  I became very depressed about the situation and began drinking which led to nothing but more trouble for me.  Unable to handle the situation I sought help as best I could, counseling etc.  I even entered alcohol rehab which was recommended by my counselor at the time just to get away from the situation.  It all back fired on me.  The girl that was stocking me made false allegations about my involvement and I was kicked out of rehab, humiliated, investigated from CID and so forth.  I was given a General discharge due to an isolated incident, DWI in Okinawa, Japan earlier in my career which was do to the stressful situation I was in and being depressed.  Not knowing I was severely depressed while in the service and not receiving proper treatment and being sent to alcohol rehab instead of having a psychiatric evaluation which did occur after I was notified and discharged from the rehab program and I ended up in the Psychiatric hospital in Okinawa, Japan which did nothing for me but scare me even more especially after Top M_ threatened to give me a section 8 instead of having me put on antidepressants which is all I needed. I am fine now I am going to school and am in need of my MGIB which was denied because of my General Discharge.  I do receive VA Benefits and have been a member of the Woman's Sexual Trauma Group for Several Years and I see a Psychiatrist at the VA Medical Center in Dallas once every six months.  I was diagnosed with Bipolar disorder in 1995 and was hospitalized do to severe depression but have done very well for myself since thanks to the VA and there treatment.  My situation while in the service was very unfortunate and I think if I was I my right mind and not severely depressed I would have been a stronger person and handled things differently.  I made a very bad decision by listening to the counselor and going to alcohol rehab and telling them whatever just so I could get into the rehab I did not drink as much as I said but I was coached and advised by the counselor and I was scared, vulnerable and depressed.  I hope with my testimony and documents I have provided will be enough to grant me the honorable discharge I feel I so rightly deserve and access to my MGIB.

Documentation

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

Letter from Department of Veterans Affairs, dated June 7, 2002
SACO medical sheet, dated September 8, 1993
Medical record page, dated September 9, 1993 (3 pages)
Medical record page (psych), dated October 2, 1993
Narrative summary from U.S. Naval Hospital Okinawa dated October 2, 1993 to October 4, 1993 (2 pages)
VAMC medical page, dated March 13, 1996 to June 4, 1996 (2 pages)

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		910603 - 910908	COG

Period of Service Under Review:

Date of Enlistment:  910909		Date of Discharge:  931223

Length of Service (years, months, days):

	Active:    02  03  15
	Inactive:  None

Age at Entry:  22			Years Contracted:  4

Education Level:  13			AFQT:  42

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.6 (7)			Conduct:  4.4 (7)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR, Certificate of Commendation

Days of Unauthorized Absence:  None

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.

Chronological Listing of Significant Service Events:

920820:	NJP for violation of UCMJ, Article 111:
Specification: DWI on 0114, 920719, at Gate 6, Camp Foster, Okinawa, with a BAC of .169%.
Awarded forfeiture of $440.00 per month for 2 months, restriction and extra duties for 30 days, reduction to PFC.  Reduction suspended for 6 months.  Not appealed.

920824:	Counseled for deficiencies in performance and conduct.  [Alcohol-related incident, specifically, for DWI, BAC .169% on 19 July at about 0114 adjacent to Gate 6, Camp Foster, Okinawa.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

930913:	Applicant TAD for Level III treatment.

931001:	Applicant dropped from Level III ARD as a treatment failure due to general non-compliance with the Level III treatment program.  Applicant's overall prognosis is considered poor.

931002:	Applicant admitted to psychiatric ward, U.S. Naval Hospital Okinawa for evaluation.

931003:	Counseled for deficiencies in performance and conduct.  [Abuse of alcohol (BAC 0.25), attempted suicide on 931001, display of self-destructive behavior and inappropriate conduct.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

931004:	Applicant discharged from hospital.  Diagnoses: 1. Alcohol dependence, 2. Alcohol intoxication.

931022:	Counseled for deficiencies in performance and conduct.  [Failure to complete Level III alcohol rehabilitation treatment.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

931108:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of alcohol rehabilitation failure.

931108:	Applicant advised of 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.

931108:	Commanding Officer recommended discharge under honorable conditions (general) by reason of alcohol rehabilitation failure.  The factual basis for this recommendation was alcohol rehabilitation failure due to her general non-compliance with the Level III treatment program.  

931124:	SJA review determined the case sufficient in law and fact.

931129:	GCMCA [Commanding General, 1^st Marine Aircraft Wing] directed the Applicant's discharge under honorable conditions (general) by reason alcohol rehabilitation failure.

931215:	Applicant informed eligible but not recommended for promotion to Cpl for the month of January 1994 due to alcohol dependency and failure of Level III alcohol rehabilitation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19931223 under honorable conditions (general) 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 Veterans Administration determines eligibility for post-service benefits, not the NDRB.  There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.  While she may feel that her mental condition at the time and alleged harassment were factors that contributed to her actions, the record clearly reflects her disregard for the requirements of military discipline and demonstrated that she was unfit for further service.  The record is devoid of evidence that the Applicant was not responsible for her conduct or that she should not be held accountable for her actions.  Relief denied.

Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity occurred during the Applicant’s enlistment.  Additionally, 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.  Relief denied.

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

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.
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