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Docket No. MD03-00244

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

 ex-SGT, USMC
Docket No. MD03-00244

Applicant’s Request

The application for discharge review, received 20021121, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to convenience of the government.  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 20031010.  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 and narrative reason 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 stated

Applicant’s issues, as stated on the application:

“1.  As my SRB shows, my proficiency/conduct marks were consistently above average to exceptionally high during my enlistment.

2.  I received 4 Meritorious Masts, 2 Letters of Appreciation, Commanding General’s Certificate of Commendation for my actions during Desert Storm, Good Conduct Medal w/1 star as well as other decorations.

3.  I consistently held positions of authority one to two pay grades above my rank.

4.  I had a previous Honorable Discharge from a prior enlistment.

5.  My police record since my discharge has been limited to minor traffic violations.

6.  My discharge was based on a DUI (.09 BAC) and my decision to leave a 6-week in-patient alcohol rehab program on moral issues. (i.e., I refused to say I was an alcoholic as they demanded).”

Documentation

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

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		820714 – 860614	HON
		   USMCR		860615 – 870820	HON
		   USNR		870821 – 881104	HON
		   USMCR		890925 – 900629	HON
	Inactive: USMCR(J)		811002 - 820713	COG

Period of Service Under Review:

Date of Enlistment:  900630		Date of Discharge:  930303

Length of Service (years, months, days):

	Active:    02  08  03
	Inactive:  None

Age at Entry:  26			Years Contracted:  4 

Education Level:  12			AFQT:  89

Highest Rank:  SGT

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.9 (4)			Conduct:  4.8 (4)

No FITNESS REPORTS were available for review.

Military Decorations:  None

Unit/Campaign/Service Awards:  MM (4), LOA (2), CC, NDSM, KLM, SSDR (w/3*), SASM (w/2*), GCM (w/1*), NUC, MUC 

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:

911101:	Counseled for deficiencies in performance and conduct.  [Alcohol related incident, specifically, DUI, BAC .115.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

921016:	Counseled for deficiencies in performance and conduct.  [Alcohol related incident, specifically, DUI at Bowker, CA (NAF El Centro, CA) on 920912.  BAC .09.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

921130:	Admitted to inpatient treatment facility for alcohol rehabilitation.

921218:	Discharged from the inpatient treatment facility.  Applicant no longer wished to remain in the program.

	AXIS I:  Alcohol dependence

921218:	Counseled concerning the consequences of volunteer withdrawal from Level III treatment.  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

921230:	Applicant declined enrollment in VA Alcohol Rehabilitation Program.
	
930114:	Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of alcohol rehabilitation failure.

930114:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

930114:	Commanding Officer recommended discharge under honorable conditions (general) by reason of alcohol rehabilitation failure.  The factual basis for this recommendation was the Applicant’s failure to complete alcohol rehabilitation treatment.  

930208:	SJA review determined the case sufficient in law and fact.

930303:	GCMCA [CG, 1^st MEB] directed the Applicant's discharge under honorable conditions (general) by reason of alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930303 under honorable conditions (general) 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).

Issues 1-4, and 6.  The Applicant failed to complete inpatient alcohol rehabilitation treatment.  No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation.  When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable.  A characterization of service of under honorable conditions (general) 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 during the period under review was marred by three alcohol related adverse counseling entries.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service.  The record is devoid of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  An upgrade to honorable would be inappropriate.  It must be noted that most Marines serve honorably and well and therefore earn honorable discharges, as the Applicant did in his previous enlistments.  In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due.  Relief denied.

Issue 5.  The Applicant’s discharge characterization accurately reflects his service to his country.  The discharge was proper and equitable.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident 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.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge.  Evidence of continuing educational pursuits, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that should have been provided to receive consideration for relief, based on post-service conduct.  The Applicant’s evidence of post-service conduct was found not to mitigate the offense for which he was discharged.  Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his 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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