CG | BCMR | Alcohol and Drug Cases | 1998-047
The applicant stated that he did not respond to the group commander’s letter recommending discharge for “Unsuit- ability due to alcohol abuse” because the Personnel Manual “clearly states that a member may be discharged after two alcohol incidents.” When he received the final copy of his DD Form 214, however, the narra- tive reason in block 28 had been changed to “Alcohol Rehabilitation Failure.” The applicant stated that he had not agreed “to be labeled an alcoholic rehabili- tation...
CG | BCMR | Alcohol and Drug Cases | 1999-086
The Chief Counsel stated that, although the applicant completed an alco- hol rehabilitation program, the rehabilitation failure referred to in block 28 of her DD Form 214 is her failure to remain sober after her first alcohol incident. 1998-047, the applicant was discharged by reason of alcohol rehabilitation failure following two alcohol incidents. 1998-047, the Chief Counsel of the Coast Guard recommended that the Board change the applicant’s separation code to JNC and his narrative...
CG | BCMR | Alcohol and Drug Cases | 1999-161
On February 12, 199x, the applicant’s CO documented his “second alcohol incident” with a page 7 in his record. According to Article 20.B.2.h.2., “[e]nlisted members involved in a second alcohol incident will normally be processed for separation in accordance with Article 12.B.16.” Under the Military Rules of Evidence, Rule 304(h)(4), if a member refuses a lawful order to submit to a breathalyzer test, the “evidence of such refusal may be admitted into evidence on … [a]ny other charge on...
CG | BCMR | Alcohol and Drug Cases | 2000-098
This final decision, dated March 22, 2001, is signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a former xxxxxxxx who received a general discharge under honorable conditions from the Coast Guard on xxxx, 1993, asked the Board to correct his record by upgrading his reenlistment (RE) code from RE-4 to RE-1 and by changing his separation code from HKK, which indicates an involuntary separation due to drug use, to one that does not reflect drug use. He argued that the...
CG | BCMR | Alcohol and Drug Cases | 2000-119
This final decision, dated March 29, 2001, is signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a former xxxxxxxx, received a general discharge under honorable conditions from the Coast Guard on February 5, 1999, after his urine tested positive for cocaine use during a random urinalysis. On December 9, 1998, the applicant’s commanding officer (CO) initiated an investigation into a possible “drug incident,” pursuant to Article 20 of the Personnel Manual. Upon...
CG | BCMR | Alcohol and Drug Cases | 2000-125
The Chief Counsel also argued that the Coast Guard committed no injustice in discharging the applicant because he was expressly warned when he enlisted that he would be tested for drugs upon beginning boot camp and that a positive urinalysis would render him subject to a general discharge. The applicant alleged that the other services do not usually discharge recruits who “test hot” upon entry, and that in the Army, such recruits are usually just assigned to “special detail.” The applicant...
CG | BCMR | Alcohol and Drug Cases | 2000-127
On , the applicant's CO informed him that he was being recommended for discharge from the Coast Guard because he had been involved in a third alcohol incident. states that an enlisted member involved in a third alcohol incident will be processed for separation from the Coast Guard. The reason for the applicant's separation was his involvement in a third alcohol incident, not "alcohol rehabilitation failure."
CG | BCMR | Alcohol and Drug Cases | 2001-011
He later received an adverse page 7 “for belligerent and abusive behavior toward a gate guard ... after consuming alcohol while in a liberty status.” The Chief Counsel alleged that after this incident, his command conducted an investigation and determined that the event constituted an “alcohol incident.” He alleged that the applicant was properly notified of this fact, referred for alcohol screening, and found to be alcohol dependent. For enlisted members, a statement shall be made that the...
CG | BCMR | Alcohol and Drug Cases | 2001-076
The Chief Counsel stated that according to the Personnel Manual, a member with eight years or more of military service is entitled to a hearing before an ADB, if the Coast Guard intends to discharge the member involuntarily prior to the end of that member’s enlistment. The only evidence of any previous military service in her Coast Guard record is a comment in the alcohol evaluation report that she had served in the Army for six years, not eight. If the applicant had wanted to remain in...
CG | BCMR | Alcohol and Drug Cases | 2001-094
Committed to health and well-being of self and subordinates.” The applicant stated that there were no comments to support the mark of 3 in this category, but there were comments to support his request for raising the mark to a 5. Comments should be consistent and compare reasonably with standards marked on the performance dimensions in the evaluation area.” CGPC stated that based on the reporting officer’s comment that the applicant’s failure to use alcohol responsibly resulted in his...
CG | BCMR | Alcohol and Drug Cases | 2002-044
This final decision, dated October 31, 2002, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct her record by upgrading her May 17, 1999, discharge for drug use from general “under honorable conditions” and her reenlistment code and by reversing the revocation of her entitlement to educational benefits under the Montgomery G.I. The Chief Counsel also argued that “there is no injustice in Applicant receiving a general discharge”...
CG | BCMR | Alcohol and Drug Cases | 2002-093
of the Personnel Manual, his CO was recommending that he be administratively discharged from the Coast Guard. He argued that because the applicant acknowledged his rights, declined to make a statement, and signed the first endorsement on his CO’s recommendation for his discharge, the applicant was not denied any due process regarding his discharge. He contended that the “irregularity” with which the CO handled the charges against him likely resulted in his command applying...
CG | BCMR | Alcohol and Drug Cases | 2002-109
The Chief Counsel stated that it is not in the interest of justice to excuse the untimely filing. The Chief Counsel stated that the applicant has failed to offer substantial evidence that the Coast Guard committed either an injustice or error in discharging him with a General Discharge based on misconduct. The BCMR has jurisdiction over this matter pursuant to section 1552 of title The Board makes the following findings and conclusions on the basis of the applicant's and Coast Guard...
CG | BCMR | Alcohol and Drug Cases | 2003-041
Discharge from the Coast Guard Reserve On November 10, 199x, the applicant's commanding officer (CO) notified the applicant that he was recommending the applicant's discharge from the Coast Guard Reserve under other than honorable conditions for misconduct due to a drug incident. Therefore, the Chief Counsel recommended that the Board grant relief to the applicant by correcting his record to show that he was honorably discharged form the Coast Guard for the convenience of the government...
CG | BCMR | Alcohol and Drug Cases | 2003-048
The Chief Counsel further stated as follows: Applicant does not deny using illegal drugs. The applicant was warned at the time of his enlistment that he would be discharged with a general discharge under honorable conditions if his urine tested positive for drug use upon entering recruit training. The applicant's explanation that he tried marijuana only one time and that he should be respected for wanting to help his country does not persuade the Board that the applicant's discharge for...
CG | BCMR | Alcohol and Drug Cases | 2003-098
It was docketed on June 16, 2003, upon receipt of the completed application, including the military records. On April 1, 1971, the Commandant ordered that the applicant be separated with an undesirable discharge by reason of unfitness under Article 12-B-12 of the Personnel Manual. The record indicates that the applicant was properly enlisted in the Coast Guard.
CG | BCMR | Alcohol and Drug Cases | 2003-100
The applicant was discharged from the Coast Guard on April 27, 2001. The applicant enlisted in the Coast Guard on April 10, 2001. On April 10, 2001, the applicant also signed a page 7 advising him that drug use was against Coast Guard policy, that upon reporting to recruit training he would be tested by urinalysis for drug use, and that if his urine tested positive for drugs he would probably be discharged from the Coast Guard with a general discharge.
CG | BCMR | Alcohol and Drug Cases | 2003-144
The order indicates that on February 23, 1968, a state court placed the applicant on probation for three years after he was convicted of possessing marijuana. In 1977, the applicant applied to a Special Discharge Review Board for an VIEWS OF THE COAST GUARD On February 25, 2004, the Judge Advocate General of the Coast Guard submitted an advisory opinion recommending that the Board waive the statute of limitations and grant partial relief in this case by upgrading the applicant’s discharge...
CG | BCMR | Alcohol and Drug Cases | 2004-004
This final decision, dated June 10, 2004, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant, who received a general discharge under honorable conditions from the Coast Guard on June 1, 1986, after his urine tested positive for metabolites of marijuana, cocaine, and codeine, asked the Board to correct his record by upgrading his discharge to honorable. The record indicates that the applicant received a general discharge under honorable conditions after...
CG | BCMR | Alcohol and Drug Cases | 2004-029
On February 19, 1986, the applicant’s commanding officer (CO) notified him that he was recommending to the Commandant that the applicant be discharged with a general discharge for possession of marijuana, which constituted a “drug incident” under Article 20 of the Personnel Manual. On June 11, 1986, the Commandant ordered the applicant’s command to discharge him within thirty days with a general discharge by reason of misconduct due to drug abuse, in accordance with Article 12-B-18 of the...
CG | BCMR | Alcohol and Drug Cases | 2004-043
This final decision, dated September 9, 2004, is signed by the three duly appoint- APPLICANT’S REQUEST AND ALLEGATIONS The applicant, who received a general discharge under honorable conditions from the Coast Guard on March 22, 1988, for illegal drug abuse, asked the Board to correct his record by upgrading his discharge to honorable. On March 16, 1988, the Commandant ordered the CO to award the applicant a general discharge for drug abuse within thirty days, pursuant to Article 12-B-18 of...
CG | BCMR | Alcohol and Drug Cases | 2004-074
On April 1, 1983, the Commandant ordered the applicant to be discharged under Article 12-B-18 of the Personnel Manual with a General Discharge by reason of misconduct with a HKK (drug abuse) separation code. VIEWS OF THE COAST GUARD On May 27, 2004, the Judge Advocate General (TJAG) of the Coast Guard submitted an advisory opinion and recommended that the Board deny the application because of untimeliness or lack of proof. In this regard, the applicant asserted that it would be in the...
CG | BCMR | Alcohol and Drug Cases | 2004-133
The applicant was discharged from the Coast Guard under honorable conditions (commonly known as a general discharge) by reason of misconduct (drug abuse). On November 7, 1995, the applicant's CO recommended that Commander, Coast Guard Personnel Command (CGPC) discharge the applicant due to wrongful use of illegal drugs discovered in the applicant's urine specimen that was provided during a random urinalysis collection. TJAG also stated that given the Coast Guard's prominent role in...
CG | BCMR | Alcohol and Drug Cases | 2004-158
On August 1, 2003, the applicant was discharged from the Coast Guard pursuant to Article 12.B.12 of the Coast Guard Personnel Manual. of the Coast Guard Personnel Manual states that the first time a member is involved in an alcohol incident, except those described in Article 20.B.2.f., the commanding officer shall ensure counseling is conducted and recorded on a page 7 entry in the member’s personal data record (PDR), acknowledged by the member, and a copy sent to CGPC. The record...
CG | BCMR | Alcohol and Drug Cases | 2004-169
The applicant also sent the Commandant copies of the statements indicat- ing that SN P had admitted to hiding marijuana on the cutter at some point, and he alleged that SN D had told the chief who represented him at mast that the marijuana belonged to SN P. He alleged that the chief and SN P were very “close.” In addition, he alleged that another seaman, who went to mast for drug use on the same day he did, stated at mast that he had seen SN H smoke marijuana. The JAG pointed out that the...
CG | BCMR | Alcohol and Drug Cases | 2004-183
of the current Personnel Manual permits the administrative inspection of any unit, regular or Reserve, by mandatory urinalysis “to determine and maintain the unit’s security, military fitness, and good order and discipline.” Under Article 20.C.3.e., a positive urinalysis test result is sufficient to prove a drug incident. The applicant received his general discharge in 1985. Moreover, as the JAG stated, the applicant’s reliance on Article 31 of the UCMJ and the decision in Giles...
CG | BCMR | Alcohol and Drug Cases | 2005-026
With respect to untimeliness, the JAG stated that an application for correction of a military record must be filed within three years after the alleged error or injustice was or should have been discovered, unless the delay is excused in the interest of justice. However, in light of the fact that the general discharge was listed on her DD Form 214, which she signed at the time of her discharge, and her acknowledgement that her CO had recommended that she receive a general discharge prior to...
CG | BCMR | Alcohol and Drug Cases | 2005-094
The applicant was discharged from the Coast Guard with a general discharge under honorable conditions (known as a general discharge) by reason of misconduct (drug abuse). To be timely, an application for correction of a military record must be submitted within three years after the alleged error or injustice was discovered or should have been discovered. The applicant did not allege any specific error or injustice on the part of the Coast Guard, nor did he present any proof that the Coast...
CG | BCMR | Alcohol and Drug Cases | 2005-128
This final decision, dated April 5, 2006, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a former seaman (SN; pay grade E-3) who served a little more than one year in the Coast Guard, asked the Board to correct his record by upgrading his 1988 discharge (general, under honorable conditions) to honorable. VIEWS OF THE COAST GUARD On November 7, 2005, the Judge Advocate General (JAG) of the Coast Guard submitted an advisory opinion in which he adopted...
CG | BCMR | Alcohol and Drug Cases | 2006-150
On June 5, 2001, the CO of the buoy tender entered a Page 7 in the applicant’s record to document the fact that on May 29, 2001, he had been screened again by Mr. L who “determined that [he] met the criteria for a diagnosis of Alcohol Abuser.” After being screened again by Mr. V on July 3, 2001, with the same result, the applicant began a four-week outpatient alcohol rehabilitation program at the local clinic. CGPC stated that it “is not uncommon for Coast Guard personnel being processed...
CG | BCMR | Alcohol and Drug Cases | 2007-111
The applicant claims that the page 7 documenting his first alcohol incident should not be in his record because his command told him at the time that the alcohol incident would be handled as an in-house matter. of the Personnel Manual states that any member involved in an alcohol incident will have an alcohol screening, the result of which shall be recorded and acknowledged on a page 7. While the Coast Guard admitted there is no page 7 in the applicant’s record documenting this screening,...
CG | BCMR | Alcohol and Drug Cases | 2008-065
CGPC did not remove the Page 7 dated February 17, 2004, from the applicant’s record, but neither was the applicant discharged as a result of his third documented alcohol incident. On June 1, 2007, the applicant’s new command noted that the applicant’s record con- tained documentation of a third alcohol incident (which, under the Personnel Manual, would result in his separation) and asked CGPC to remove it from his record. (authorizing commanding officers to determine whether an alcohol...
CG | BCMR | Alcohol and Drug Cases | 2008-181
In support of her allegations, the applicant submitted photocopies of the following documents: • A court order identifying the petitioner, John Doe, by his date and place of birth and parents’ names, changing his name to Jim Roe, and sealing the order in accordance with State law; • A court order stating that the petitioner, Jim Roe, had previously changed his name to Jim Roe, further changing the petitioner’s name to Jane Roe, and sealing the order in accordance with State law; • The United...
CG | BCMR | Alcohol and Drug Cases | 2009-162
of the Per- sonnel Manual does not apply to the applicant’s case because his CO never made a “Finding of No Drug Incident.” CGPSC stated that the disputed Page 7 “documents dismissal with a warn- ing of UCMJ Article 112a charges against the applicant. of the Personnel Manual require a CO to determine whether a member has been involved in “drug incident,” as defined in Article 20.A.2.k., based on the preponderance of the evidence and to initiate discharge proceedings against any member who...
CG | BCMR | Alcohol and Drug Cases | 2009-185
The PSC stated that the fact that the State dismissed the charge against the applicant and expunged the arrest from his record does not negate the alcohol incident because the definition of the latter does not require any arrest or conviction. Statement of CDR E, Past CO of the MLEA incident, stated that CDR E, who was the applicant’s commanding officer at the time of the alleged alcohol while the State of xxxxxx order for destruction of arrest records is clearly in their purview,...
CG | BCMR | Alcohol and Drug Cases | 2010-186
According to the report of the investigating officer (IO), dated September 14, 2009, the applicant was disenrolled for “bringing discredit upon the service by leaving vomit in his room which was allegedly due to an excessive amount of alcohol being consumed.” The IO’s report states that after the applicant went running on the evening of August 31, he went to a student lounge with two other petty officers, MST3 E and BM2 L, at about 8:00 p.m. and remained there until 10:30 p.m. of the...
CG | BCMR | Alcohol and Drug Cases | 2010-249
The fact that he was unaware or had forgotten by August 2010 that Coast Guard members may be recommended for a Gold or Silver Lifesaving Award—instead of a purely military medal, such as a Coast Guard Medal, Meritorious Service Medal, or Coast Guard Commendation Medal—if their acts of heroism are performed while on leave or liberty does not explain why he failed to seek a higher award sooner if he felt his Coast Guard Com- mendation Medal was insufficient. His Group Commander recommended...
CG | BCMR | Alcohol and Drug Cases | 2011-001
The record indicates that the applicant was arrested on April 4, 2004, for public drunkenness, and the Page 7 documenting the incident noted that the incident would be recorded as an “alcohol situation,” in lieu of an “alcohol incident.” The applicant was referred to a TRACEN Petaluma medical officer, in accordance with Article 20.A.2.e. He also argued that it is in the interest of justice to consider his application if more than 3 years have passed since he discovered the error because the...
CG | BCMR | Alcohol and Drug Cases | 2011-004
Rather, the page 7 only documented that, “An underage Coast Guard member was present with you while “you admittedly consumed alcohol at the enlisted club.” PSC stated that the applicant’s consumption of an alcoholic beverage in the presence of an underage person was not tantamount to an alcohol incident, particularly since the applicant was of legal age. It states that the applicant became inebriated and allowed an underage Coast Guard member to consume alcohol in his presence, whereas the...
CG | BCMR | Alcohol and Drug Cases | 2011-021
After the applicant completed Alcohol Impact training, the command entered a third Page 7 in his record to acknowledge that he had successfully completed the training and his aftercare program and to remind him that “[f]uture alcohol misuse or incidents may lead to separation.”2 On February 19, 2010, the applicant was disenrolled from the xxxxxxxxx program for “fault” because of his conviction for public intoxication.3 Because of his disenrollment for fault, the applicant could not apply for...
CG | BCMR | Alcohol and Drug Cases | 2011-183
PSC stated that the details of the subject page 7 fail to document an alcohol incident as defined in the Personnel Manual and should therefore be expunged from the applicant’s record. The Board agrees with the JAG that the page 7 documenting an alcohol incident on August 26, 2005, should be removed from the applicant’s record because the applicant who was 24 years old at the time was not a minor and was not prohibited from consuming alcohol. His record shall be corrected by removing the...
CG | BCMR | Alcohol and Drug Cases | 2011-188
This final decision, dated March 16, 2012, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, who received a general discharge under honorable conditions from the Coast Guard on March 14, 1986, for illegal use of cocaine, asked the Board to upgrade his “discharge status.” The applicant stated that his general discharge has prevented him from being employed by State and municipal governments. On January 21, 1986, the applicant’s commanding officer...
CG | BCMR | Alcohol and Drug Cases | 2011-209
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. by additional documentation as mentioned in ALCGPSC 041/11.”[2] The alcohol incident letter states the following: Per [the Personnel Manual] your public intoxication on the night of 31 October 2001 has constituted an alcohol incident. The application was timely.4 2.
CG | BCMR | Alcohol and Drug Cases | 2011-262
of the Personnel Manual states that after three years and with no further alcohol incidents, a member who receives an alcohol incident solely for underage drinking and did not use or abuse alcohol to such an extent that he or she was unable to perform prescribed duties or brought discredit upon the Uniformed Service may, predicated on positive performance, request via the chain of command that PSC remove the alcohol incident from his or her record. The Board agrees with the Coast Guard that...
CG | BCMR | Alcohol and Drug Cases | 2012-118
This final decision, dated December 21, 2012, is signed by the three duly appointed APPLICANT’S REQUEST The applicant asked the Board to correct his military record by removing an August 6, 2003 administrative remarks page (page 7) documenting an alcohol incident and the related December 9, 2003 page 7 documenting the results of his alcohol screening. The JAG stated that the page 7 erroneously describes the applicant, who was 23 years old at the time, as “drinking under age.” The JAG stated...