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Last saved by: shirley.robertson
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Docket No. MD04-00749

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

ex-Pvt, USMC
Docket No. MD04-00749

Applicant’s Request

The application for discharge review was received on 20040330.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to “administrative.”  The Applicant requests a documentary record 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 20041008.  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.  “I enlisted in the United States Marine Corp immediately after high school.  I was like most other young Devil Dogs and wanted to have fun.  At some point in my enlistment it became the belief by a higher-ranking Marine that I had a drinking problem.  I was admitted into an alcohol rehabilitation program.  I realized while in this program that I did not have a drinking problem.  My discharge is due to failure of this Alcohol Rehabilitation program.  My record will show that I have no alcohol related offenses.

Since my discharge I have completed an Associates Degree in Science, Bachelors Degree in Biology with a minor in Chemistry, and have recently been accepted into Pennsylvania College of Optometry.  I begin pursuit of my Doctorate of Optometry in September 2004.

Upon completion of my Doctorate I am considering seeking commission in the military.”

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:    None
	Inactive: USMCR(J)		871110 - 881031	COG

Period of Service Under Review:

Date of Enlistment:  881101		Date of Discharge:  910224

Length of Service (years, months, days):

	Active:    02  03  24  (Does not exclude lost time)
	Inactive:  None

Age at Entry:  18			Years Contracted:  6

Education Level:  12			AFQT:  85

Highest Rank:  LCpl			MOS:  2841

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.9 (5)			Conduct:  3.1 (6)

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  42 

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:

890914:	Applicant admitted to inpatient alcohol rehabilitation treatment after being diagnosed with alcoholism and drug abuse.

891011:	Discharged from alcohol rehabilitation treatment due to continued alcohol use.  Applicant is refractory to treatment.

891114:	NJP for violation of UCMJ, Article 92: Failed to report to the BnSACO as ordered during the week of 891023-891027.
	Award:  Forfeiture of #391.00 (suspended for 6 months), restriction and extra duty for 45 days (15 days suspended for 6 months), reduction to E-2.  Not appealed.

900110:	Vacate suspended punishment from NJP dated 891114.

900205:	Summary Court-Martial.
Charge I. Violation of UCMJ, Article 86: UA from 881129 to 890109 (42 days/S).
Finding: Guilty.
Sentence: Forfeiture of $300.00, reduction to Pvt, confinement for 30 days. 
900222: CA action.  Sentence approved and ordered executed.

900205:	To confinement.

900301:	From confinement, to duty.

900605:	NJP for violation of UCMJ, Article 92: Violated curfew for Tijuana, Mexico on 900506.
	Award:  Restriction and extra duty for 7 days.  No indication of appeal in the record.

900802:	Applicant’s statement refusing aftercare treatment.

901001:	Applicant notified of intended recommendation for discharge under  honorable conditions (general) by reason of alcohol rehabilitation failure.

901002:  	Applicant advised of his 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.

901212:	Commanding Officer recommended discharge under honorable conditions (general) by reason of alcohol rehabilitation failure.  The factual basis for this recommendation was the Applicant’s continued use of alcohol and refusing the aftercare portion of his treatment.  

910204:	GCMCA [CG, V MEF] 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 19910224 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 award of nonjudicial punishment (NJP) on one occasion and a summary court-martial on another occasion.  In addition, the Applicant was diagnosed with alcoholism and directed to attend alcohol rehabilitation treatment.  The Applicant failed to complete the requirements of this treatment.  No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation.
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 and a change to the narrative reason for separation is inappropriate.  Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question.  No such inequity or impropriety 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.  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 his misconduct sufficient to warrant an upgrade to his discharge.  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.