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USMC | DRB | 1999_Marine | MD99-00231
Original file (MD99-00231.rtf) Auto-classification: Denied


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

ex-Cpl, USMC
Docket No. MD99-00231

Applicant’s Request
The application for discharge review, received 981124, requested that the characterization of service on the discharge be changed to honorable. The applicant requested 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 991206. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change based on the applicant’s post service. The reason for discharge shall remain the same. The discharge shall read: HONORABLE/Alcohol Abuse Rehab Failure (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6209.

The NDRB did note an administrative error on the DD Form 214 issued on 23 January 1986. Block 12a, Date Entered AD This Period, should read: “82 06 25” vice “82 04 29”, and Block 12c, Net active Service This Period, should read: "03 06 29" vice "03 08 25". Additionally, the DD Form 214 issued on 30 June 1988 requires the following corrections: Block 12a, Date Entered AD This Period, should read: "86 01 24" vice "82 04 29", Block 12 c, Net Active Service This Period, should read: "02 05 07" vice "06 02 02", and Block 12d, total Prior Active Service, should read: 03 06 29" vice "03 08 25". The DD Form 214s should be corrected or reissued as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I request that my item #24 (Character of Service) be upgraded to "Honorable".

2. I request that item #27 (Reenlistment Code) be upgraded in lieu of your findings.

3. I request item #26 & 28 (Separation code and Narrative Reason for Separation) be changed to reflect statements listed in supporting documents and in lieu of your findings.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
Rivertown Family Physicians letter of Sep 5, 1997 concerning applicant
WAG Associates undated letter concerning applicant's substance abuse assessment
Masters' Counseling letter of Sep 26, 1997 concerning applicant's abuse assessment
Applicant's Northern Michigan University's Certificate of Associate in Science dated 5 May 1992
Tamarack Camps letter of thanks dated Jul 31, 1990
Tamarack Camps letter of appreciation dated Jul 31, 1990
Department of Transportation letter of appreciation dated Aug 6, 1990
Department of Transportation letter of appreciation dated Aug 22, 1990
State of Michigan Dept. of Corrections Service ratings (3 ratings)
Boy Scouts of America Award of Merit dated May 11, 1993
State of Michigan Dept of Corrections Letter of Commendation dated Apr 21, 1998
State of Michigan Dept of Corrections Letter of Commendation dated May 1, 1997
State of Michigan Dept of Corrections Letter of Commendation dated Dec 27, 1996
Northern Michigan University transcript (Winter 89 through Winter 92)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              820625 - 860123  HON
         Inactive: USMCR(J)                820414 - 820624  COG

 Period of Service Under Review :
Date of Enlistment: 860124               Date of Discharge: 880630

 Length of Service (years, months, days):

         Active: 02 05 07
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

 Education Level: 12                        AFQT: 53

 Highest Rank: Cpl (E-4)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.52 (6)             Conduct: 4.45 (6)

 Military Decorations: None

 Unit/Campaign/Service Awards: MM(2), SSDR(2), GCM(2), COC, REB (M-16)

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Alcohol Abuse Rehab Failure (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6209.

 Chronological Listing of Significant Service Events :

880205:  Medical evaluation by CDAC,CLNC: This 24 year old, separated, Caucasian, male, Cpl with 6 years 9 months of continuous service, was seen in consultation by GYSGT A_ at the CDAC on 5 Feb 88. The client was a self referral, because he stated he has returned to drinking and needs help to stop. Client states he started back to drinking in Aug 84, until Sept 1984 when he stopped drinking again. Client stated he started back to drinking again in Dec 86. Client states he back heavy drinking on 25 Jan 88. Client states he drinks 12-24 12oz. beers in a 24 hour period. Client described hand tremors, severe shakes, loss of appetite, weakness, heavy sweating, agitation, restlessness, sleeping problems, nightmares, dizziness, from the use of alcohol. Client has had recurrent blackouts for the past year. Client states he wants to stop drinking and needs help. Client states he hasn't been working no program or recovery. Client has had 4 incidents of domestic disturbance & spouse abuse. He states his wife was drinking each time, but he denied that he had drank any thing before these incidents.
         Diagnostic Impression: Alcohol Dependence Relapse 303.90
         Recommendations: (1) Formal inpatient treatment at a ARD/ARC. (2) monitored AA meetings 3 times weekly until treatment.

880228:  Counseled for deficiencies in leadership [demonstrated a low degree of self-discipline, loyalty, personal development and professionalism]. Applicant afforded but declined to make a statement.
880310:  Counseled for deficiencies [problem with alcohol related incidents, domestic disturbances in base housing]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 880421:  Retention Warning: Advised of deficiency in performance and/or conduct (as alcohol reflected incidents, domestic disturbances and refusing alcohol treatment), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

880422:  Counseled for refusing alcohol level 3 treatment. Applicant afforded but declined to make a statement.
880617:  Applicant notified of intended recommendation for discharge with a general under honorable conditions by reason of alcohol abuse rehabilitation failure.
880617:  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.

880617:  Commanding officer recommended discharge with a general under honorable conditions by reason of alcohol abuse rehabilitation failure. The factual basis for this recommendation was member's refusal of alcohol rehabilitation treatment.

880727:  SJA review determined the case sufficient in law and fact.

880629:  GCMCA [CG, 2d MarDiv] directed the applicant's discharge with a general under honorable conditions by reason of alcohol abuse rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 880630 under honorable conditions (general) due to alcohol abuse 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).

The Board found the applicant’s noteworthy contributions to community and documentation of a sober lifestyle since discharge reason to upgrade the discharge to honorable. The NDRB found the reason for discharge shall remain the same.

 Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps. Reenlistment policy of the naval service is promulgated by the Bureau of Naval Personnel, Pers-282, 5720 Integrity Drive, Millington, TN 38055, and the Commandant, United States Marine Corps, Code MMPE5, Washington, DC 20380-3001. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief, is therefore, denied.

Pertinent Regulation/Law (at time of discharge)

 A . Paragraph 6209, ALCOHOL ABUSE REHABILITATION FAILURE of the Marine Corps Separation and Retirement Manual (MCO P1900.16C, Change 4, effective 870727 until 890626).

 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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon Street SE Rm 309
                  Washington, D.C. 20374-5023     


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