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

Docket No. MD03-00402

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

 ex-LCpl, USMC
Docket No. MD03-00402

Applicant’s Request

The application for discharge review was received on 20030109.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests 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 20031121.  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: GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE, authority: MARCORSEPMAN Par. 6209.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “I S_ H. G_ (Applicant) am requesting an upgrade in my discharge from general under honorable condition to honorable.  I am pursuing a career in law enforcement and the agency requires honorable discharge.  I have a clean record and have kept it clean since my discharge.  While on active duty I was not given any type of  disciplinary action, no office hrs, no N.J.P.’s  Currently I am working as a security officer at N.C. Baptist Medical Facility.  I have a good attendance record and enjoy the work.  I am wanting to excel in this type of work field that is why I am writing to request an upgrade in my discharge.  Currently I am trying to pursue the job as N.C. Highway Patrol.  Along with this request is a referral letter from N.C. Highway Patrol Recruiter Master Trooper S_ W_, and a referral letter from my current supervisor J_ S_.  Thank you for your time, and your review.

Sincerely,
S_ H_ G_ (Applicant) (social security number deleted)”

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:

Letter of recommendation from Master Trooper, dated August 27, 2002
Letter of recommendation from Town Manager, dated October 31, 2002
Letter of recommendation from Assistant Shift Supervisor, Senior Security Officer, dated August 1, 2002
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

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

	Inactive: USMCR(J)		970426 - 970519	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  970520			Date of Discharge:  000324

Length of Service (years, months, days):

	Active:    02  10  05
	Inactive:  None

Age at Entry:  19				Years Contracted:  4

Education Level:  12			AFQT:  37

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3  (Unknown)		Conduct:  4.3 (Unknown)

Military Decorations:  None

Unit/Campaign/Service Awards:  MUC, Letter of Appreciation

Days of Unauthorized Absence:  1

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:

971022:	Applicant to unauthorized absence 0701, 971022.

971023:	Applicant from unauthorized absence 0630, 971023.

980831:	Applicant to Substance Abuse Rehabilitation for self-referral.

980925:	Applicant completed treatment for substance abuse/dependency.

981020:	Counseled for deficiencies in performance and conduct.  [Improper and immature conduct and behavior.  On 981010, I made a false official report to the Physical Security Force of a bomb threat to the MCAS El Toro Ordnance Compound.  This is a possible violation of Article 107 (False official statement) and Article 134 (Drunk and disorderly conduct) of the UCMJ.  Additionally I had knowledge that a fellow Marine had made a false official report to military police that medical assistance was required in housing for a choking child and I failed to report the incident.  This is a possible violation of Article 92 (Dereliction in the performance of duties) in that I failed to report the false report via my chain of command.  I demonstrated a total lack of judgment, personal initiative, and dependability.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

981023:	Screening/Assessment by SAAC: Diagnostic impression and recommendation: Substance use disorder.  Alcohol dependent, early partial remission.  Due to Applicant’s recent return to alcohol consumption, to attend the Continuum Care sessions held here at this SACC.  Continue with the aftercare plan generated by SARD.  In accordance with MCO 5300.12A Applicant must be processed for administrative separation.

990113:	SACC evaluation: A/P: Alcohol dependency.  Requires stringent after care.  Fit for duty.  Appears motivated to stay abstinent.

990430:	Counseled for deficiencies in performance and conduct.  [My failure to pass a field day inspection on 990416, by not maintaining my room in a appropriate manner.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

991021:	Medical screening/assessment by SAAC:

	AXIS I: Alcohol dependent.

	Recommendations:  Attend residential treatment at SARD Pt. Loma or admin separation as treatment refusal.

991102:	Counseled for deficiencies in performance and conduct.  [Writing 4 checks to NEX Miramar without sufficient funds on 990819, 990820, 990824, and 990825 totaling $139.33.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

991209:	Counseled for deficiencies in performance and conduct.  [Showing up to work intoxicated on 991019 as confirmed by Lab result of a blood test conducted on 991019 that shows a BAC of 0.104.  Diagnosed on 980701 as being alcohol dependent; completing inpatient treatment at Pt. Lomas on 980925, assigned to a 12 month after care program and told to refrain from alcohol related incidents during this 12 month period.  Violated after care treatment 981010 by having an alcohol related incident in which I was implicated in an incident regarding a false bomb threat.  Recommended on 981023 by SACC to be processed for an Administrative Separation for failure of after care treatment, which was confirmed by a medical officer on 990113.  Showing up to work drunk on 991019, screened by the medical officer on 991021 and SACC, diagnosed as being alcohol dependent and refusing to attend alcohol treatment as recommended by the SACC.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

991223:	Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of alcohol rehabilitation failure.

991228:	Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to make a statement and to obtain copies of the documents used to support the basis for the separation.

000105:	Commanding Officer recommended discharge general (under honorable conditions) by reason of alcohol rehabilitation failure.  The factual basis for this recommendation was on 1 July 1998 you were diagnosed as being alcohol dependent and completed inpatient treatment at Pt. Loma on 25 September 1998. Upon completion you were assigned to a 12 month after care program and told to refrain from alcohol related incidents during this 12 month period.  On 10 October 1998 you violated this treatment by having an alcohol related incident in which you were implicated in an incident regarding a false bomb threat.  On 23 October 1998 it was recommended by SACC that you be processed for an Administrative Separation for failure of after care treatment, which was confirmed by a medical officer on 13 January 1999.  On 19 October 1999 you reported to work drunk and were sent to a medical officer and SACC for screening where you were diagnosed as being alcohol dependent and refused to attend alcohol treatment as recommended by the SACC. 

000118:	GCMCA [Commander, Marine Corps Air Bases Western Area Miramar] directed the Applicant's discharge general (under honorable conditions) by reason of alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000324 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.  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 was marred by   four adverse counseling entries and alcohol rehabilitation failure.  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.  An upgrade to honorable is inappropriate.  It must be noted that most Marines serve honorably and well and therefore earn honorable discharges.   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.

The Applicant’s discharge characterization accurately reflects his service to his country.   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, to enhance employment opportunities, or for 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 may be 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 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.
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