DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

LCC:lc
Docket No. 6249-00
25 January 2001

From:

Chairman, Board for Correction of Naval Records

To:

Secretary of the Navy

--

.Title 10 U.S.C. 1552

Encl:

(1)
;:;

(4)

I:;
(7)
(8)
(9)

1450/5, MMPR-2 of 15 Apr 98

DD Form 149 w/attachments
CMC, ltr 
MCB, ltr Consolidated Substance Abuse Counseling
Center, undated
CMC ltr Waiver of Alcohol related incident
of 6
MC0 
MC0 
CMC, ltr, 
CMC, ltr, 
Petitioner's Microfiche Record

Dee 97, of 25 Feb 98
para 1200.4
para 

1450/5, MMPR-2 of 15 Apr 98
1400/3, MMPR-2 of 23 
Ott 00

P1400.32B,  
P1400.32B,  

4502.2b

Pursuant to the provisions of reference (a), subject,

1.
hereinafter, referred to as Petitioner,
this Board requesting, in effect,
record be corrected to show that he was promoted to staff
sergeant, 

paygrade E-6, effective 1 May 1998.

that the applicable naval

filed enclosure (1) with

The Board, consisting of Mses. Madison, McCormick, and Mr.

2.
Geisler, reviewed Petitioner's allegations of error and injustice
on 12 December 2000 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.

Documentary material considered by

 

,

The Board, having reviewed all the facts of record pertaining

3.
to Petitioner's allegations of error and justice, finds as
follows:

a.

Petitioner was selected for promotion to staff sergeant,

paygrade  E-6, from the FY 1997 Staff Sergeant Selection Board.
The promotion would have been effective 1 May 1998: however, the
Commandant of the Marine Corps (CMC), deleted his name from the
selection list on 15 April 1998.

See enclosure (2)

Docket No. 6249-00

The following facts formed the basis for the  
Petitioner was stationed in Okinawa, Japan and on

b.
action.
6 December 1997, he was cited for driving under the influence of
His blood alcohol level was reported at 0.06,
alcohol (DUI).
one-tenth of a point over the base limit of 0.05 which was the
law in Okinawa, Japan.

CMC's

C .

As punishment, his driving privileges on base were

administratively suspended for three months.
of the incident in his personnel records.
Consolidated Substance Abuse Counseling Center found that this
was an isolated incident and Petitioner was unlikely to
See
experience alcohol/drug problems in the future.
enclosure (3).

A subsequent

There is no record

d.

Enclosure (4) shows that in February 1998, Petitioner was

screened and selected for Drill Instructor Duty and granted a
'@CMC" waiver for the alcohol related incident.

e.

On 5 March 1998 he departed Kadena AFB, Okinawa, Japan

going on 30 days leave  

enroute to his new assignment.

f.

MC0 

P1400.32B,  paragraph 1200.4 requires that the

commanding officer notify CMC when an individual on a selection
list for promotion is involved in, among other things, a DUI
incident.
The commanding officer subsequently recommended that
Petitioner be promoted with his peers in spite of the incident.
This recommendation was favorably endorsed until it reached the
Commanding General, 1st Marine Aircraft Wing, who recommended
that the promotion be withheld for three months.
enclosure (5).

See

4*

Marine Corps Order  

P1400.32B, Paragraph 4502.b requires

that the Marine be afforded an opportunity to review any
"conflicting11 endorsement and provide additional comments. A
letter dated 1 April 1998 suggested that Petitioner was afforded
that opportunity, when in fact, he was not.
on the letter but it is not Petitioner's signature.
with his alleged  
"signaturett  is dated 1 April 1998.
in Okinawa on that date.

A signature appears
The letter
He was not

See enclosure (6).

h.

Marine Corps Order  

P1400.32B,  paragraph 4502.4 requires

an entry on the page 11 of the Service Record Book indicating
that his promotion was pending.

No such entry was made.

On the day of this DUI incident, in the words of the

Assistant Chief of Staff, 1st Marine Aircraft Wing,
Petitioner was not carousing on the evening of 5 December 1997
but was supporting the command by participating in a command
sponsored athletic event after a very full day.

On deployment

)I. 

 

. 

.

.
1 .

c

Docket No. 6249-00

and in garrison, he has consistently produced superior results in
A high achiever, he works
the performance of his regular duties.
well with others and requires little, or no supervision.
willingness to work long hours and his tireless and devoted
efforts to improve mission essential programs within his section
has earned him the trust and confidence of his superiors.
. 
.I(.
5 Administrative action was imposed by the traffic-court
and Petitioner did receive unit counseling but not Non-Judicial
No entry was made in his personnel records of this
Punishment.
incident 
was scheduled to receive it, i.e., on 28 May 1998.

and he was awarded his Good Conduct Medal on the date he

His

 

k.

Petitioner was not advised that his promotion had been

withdrawn by CMC until he inquired about his promotion warrant in
May 1998.
graduation on 25 June 1998,
15 April 1998 which revoked his selection for promotion to
paygrade  E-6.

On 4 June 1998, approximately 3 weeks before his class

he received a fax of a letter dated

See enclosure (7).

In correspondence attached as enclosure  

(8), the office

1.

having cognizance over the subject matter involved in
Petitioner's application,
Petitioner's request does not have merit and warrants unfavorable
action.
The advisory opinion goes on to say that in nearly all
(emphasis added) similar cases where Marines are found to have
been driving under the influence of alcohol or driving while
intoxicated, their names are removed
which they appear.

has commented to the effect that

from any selection list on

CONCLUSION:

 

0, the Board

the evidence of record,

Upon review and consideration of all
notwithstanding the comments contained in enclosure
finds the existence of an injustice warranting the requested
relief.
In this connection, the Board found that Petitioner
should not be subjected to such a serious set back by one
isolated incident in an otherwise outstanding career.
regard it is important to keep in mind that no disciplinary
action was undertaken.
for Drill Instructor Duty must have an outstanding record.
Board concluded this Marine's record was outstanding enough to
influence and convince CMC, MMEA-85 to waive the alcohol related
Petitioner
incident of 6 December 1997 and approve the waiver.
In reviewing
now has almost 11 outstanding years of active duty.
the advisory opinion the Board noted that CMC advised that in
nearly all similar cases (emphasis added), where Marines are
found to have been driving under the influence of alcohol or
their names were removed from any
driving while intoxicated,
selection list and concluded that this is one of those cases

Normally, an individual being selected

In this

The

Docket No. 6249-00

where the Marine's name should not be deleted from the promotion
list because of the absence of any aggravating circumstances and
his outstanding record of service.
considered the fact that President Clinton signed a law making
the legal limit for driving while intoxicated 0.08.
the States to receive government transportation funds, this limit
is thought to be low enough to determine intoxication.
Accordingly, the Board recommends the following corrective
_-
action.

Additionally, the Board

In order for

RECOMMENDATION:

c

That Petitioner's naval record be corrected, where appropriate,
to show that:

effeczive

Petitioner was promoted to  

1 May 1998.

paygrade E-6

It is certified that a quorum was present at the Board's

4.
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above-entitled
matter.

ROBERT D. ZSALMAN
Recorder

/4&u 
GL 
G. 
Acting Recorder

L.- ADAMS

3

The foregoing action of the Board is submitted for your

5.
review and action.

Reviewed and approved:

H ww-

6. CH
JOS 
Assistant  General  Counsel

(Manpower  And Reserve Affairs)

’

FEEi 16

2001