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Docket No. MD06-00562

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

FOR OFFICIAL USE ONLY

ex-PFC, USMC
Docket No. MD06-00562

Applicant’s Request

The application for discharge review was received on 20040314.  The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20070110.  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) by reason of alcohol rehabilitation failure.

The NDRB did note administrative error(s) on the original DD Form 214.  Block 24, Characterization of Service, should read:  “GENERAL (UNDER HONORABLE CONDITIONS).”  The Commandant, Headquarters USMC, Quantico, VA, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

Equity- Post service

Documentation

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

Applicant’s DD Form 214 (Member 1 and 4)
Character Reference ltr from L_ H_, undated
Character Reference ltr from E_ L. S_, undated
Character Reference ltr from S_ A. M_, undated
Character Reference ltr from R_ C. J_, undated
One hundred and thirty-seven pages from Applicant’s service/medical records

PART II - SUMMARY OF SERVICE

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

	Inactive:  USMCR (DEP)	19980629 - 19980713	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19980714		Date of Discharge:  20000721

Length of Service (years, months, days):

Active:    02  00  08
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  18

Years Contracted:  4

Education Level:  12				AFQT:  51

Highest Rank:  LCpl				MOS:  0311/8152 

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  NA*				Conduct:  NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  Sea Service Deployment Ribbon, Expert Rifle Badge, Marksmanship Pistol Badge

*Not Available

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

GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE, authority:  MARCORSEPMAN Par. 6209.2 .

Chronological Listing of Significant Service Events:

990325:	NJP for violation of UCMJ, Article 86: UA fr 0530 to 0545 on 990319.
	Award:  Correctional custody for 30 das.  Not appealed.

991201:	USNH Yokosuka Mental Health Clinic Evaluation by J. K. M_, Ph.D., Clinical Psychologist, LT, MSC, USNR.
	Applicant referred by Medical via emergency room.
	Applicant medically referred via the emergency room at USNH Yokosuka for evaluation after he made depressive statements which were viewed as potentially suicidal.
	Plan and Recommendations:
	The SM is considered fit for duty and responsible for his actions.
	The patient should be screened by his DAPA and is advised to minimize/abstain from alcohol until this is completed.
	Current Diagnosis:
	AXIS I: Adjustment disorder with depressed mood.
	Alcohol abuse versus alcohol dependence, (303.90).
	AXIS II: Antisocial personality traits.
	AXIS III: Orthopedic problems.
	AXIS IV: Occupational, family, interpersonal problems, grief issues.
	AXIS V: GAF (current): 72.

991208:	Alcohol Programs Department, USNH Yokosuka, Alcohol and Drug Screening Report by A. R. R_, Alcohol Counselor.
	Applicant referred for alcohol screening due to command concern.
	Assessment: Applicant meets the criteria for substance abuse.
	Plan: ASAM Level 2, Intensive Outpatient Treatment for alcohol abuse.
	SACO to call and schedule an appointment for treatment.

991208:	Counseling:  Advised of deficiencies in performance and conduct (regarding the medical determination on your mental health and stability.  Specifically by your verbal announcement of suicide and an incident involving excessive consumption of alcohol.  While deployed in support of COMSEVENTHFLT you made verbal suicidal gestures expressing suicidal ideation.  You were also involved, by your own admission, in an incident in which you consumed excessive amounts of alcohol.), failure to take corrective action my result in administrative action, nonjudicial punishment, limitation of further service, or administrative separation.

000128:	Alcohol Treatment Summary from U.S. Naval Hospital, Yokosuka, Japan:  Diagnosis: Alcohol abuse.  Treatment termination.  Successfully completed and commenced from treatment.  Prognosis:  Guarded.

000203:	D. C. M_, Lt, MSC, USNR, Commanding Officer at U.S. Naval Hospital, Yokosuka modified treatment completion letter:
	1. Lance Corporal S_(Applicant) was enrolled in the ASAM Level 2.0 Intensive Outpatient Treatment Program for Alcohol Abuse at the Alcohol Programs Department, U.S. Naval Hospital, Yokosuka, Japan on 000119. He was discharged as having successfully completed the treatment program on 000128.  At the time of his discharge, there was insufficient evidence to conclude that he committed a major rule violation.  Since then, his command reported enough credible evidence to make it more likely than not that he did commit a major rule violation.
	2. In light of the above, the patient’s discharge is changed to a treatment failure.  Command is advised that member may be processed for administrative separation due to being a treatment failure.
	3. If the command decides to retain the service member, continued professional counseling and support for Lance Corporal S_ is imperative to produce positive and long lasting results and to prevent further alcohol related incidents.  Therefore, it is strongly recommended that Lance Corporal S_ complete the second phase of treatment, the ASAM Level 1.0 Outpatient Treatment Program.

000306:	Counseling:  Advised of deficiencies in performance and conduct (regarding the medical determination on your mental health and stability.  Specifically by your verbal announcement of suicide and an incident involving excessive consumption of alcohol.  While deployed in support of COMSEVENTHFLT you made verbal suicidal gestures expressing suicidal ideation.  You were also involved, by your own admission, in an incident in which you consumed excessive amounts of alcohol.), failure to take corrective action my result in administrative action, nonjudicial punishment, limitation of further service, or administrative separation.

000307:	NJP for violation of UCMJ, Article 86: UA on or abt 000121.
	Violation of UCMJ, Article 90: On or abt 000121 to 000131, fail to follow a direct order.
	Award:  Red to E-2, forfeiture of $563.00 pay per mo for 2 mos, restriction for 60 das.  Not appealed.

000419:	Counseling:  Advised of deficiencies in performance and conduct (concerning your Level II Alcohol Rehabilitation failure).  Due to your Level II failure and by MCO 1900.16E para 6209, you are being processed for administrative separation.

000711:	GCMCA, Commanding General, Fleet Marine Force, Atlantic, Norfolk, VA, directed the Applicant's discharge with a general (under honorable conditions) by reason of alcohol rehabilitation failure.
	
	Service Record Book contains a partial Administrative Discharge package.
	Service Record Book was missing elements of the Summary of Service (pro and con marks).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000721 by reason of alcohol rehabilitation failure (A) with a service characterization of general (under honorable conditions).  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 (B and C).  The Board presumed regularity in the conduct of governmental affairs (D).

Equity- Post Service:  The Applicant contends that he does not drink like he used to, that he has changed his life, and realizes that he made mistakes while in the Marine Corps.

The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.  However, 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 the civilian life subsequent to leaving the service.  Normally, to permit relief, a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, 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, is considered.  The Applicant provided four letters of character reference as documentation of post-service accomplishments.  The Applicant's efforts need to be more encompassing than those provided.  For example, the Applicant could have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, evidence of alcohol rehabilitation, and certification of non-involvement with civil authorities.  The Board determined that the documentation provided by the Applicant did not mitigate the misconduct that resulted in the characterization of discharge.  Therefore, no relief will be granted.  

When the service of a member of the U.S. Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable.  A general discharge 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 2 retention warnings and 2 nonjudicial punishment proceedings for violations of Articles 86 (unauthorized absence) and 90 (willfully disobeying lawful order of superior commissioned officer) of the UCMJ.  Violation of UCMJ Article 90 is considered a serious offense, for which a punitive discharge is authorized if adjudged by a special or general court-martial.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Marine Corps and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this 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 010831, Paragraph 6209, ALCOHOL REHABILITATION FAILURE.

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.

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 “http://Boards.law.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:

		Secretary of the Navy 	Council of Review Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023