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USMC | DRB | 1999_Marine | MD99-00490
Original file (MD99-00490.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD99-00490

Applicant’s Request
The application for discharge review, received 990223, 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 991213. 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 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

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                910212 - 910303  COG

 Period of Service Under Review :
Date of Enlistment: 910304               Date of Discharge: 931007

 Length of Service (years, months, days):

         Active: 02 07 04
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 63

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (6)                       Conduct: 4.25 (6)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SRB

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS/Alcohol Abuse Rehabilitation Failure (administrative discharge board not required), authority: MARCORSEPMAN Par. 6209.

 Chronological Listing of Significant Service Events :

920114:  Counseled for deficiencies in performance and conduct (lack of maturity, financial irresponsibility, integrity, attention to duty, poor military appearance). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920309:  Counseled for deficiencies in performance and conduct (failure to meet the prescribed weight standards as set forth in MCO 6110.10A). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920520:  Applicant acknowledged that he was eligible but not recommended for promotion to Lance Corporal for the May Promotion Board due to poor judgement and lack of integrity as evidence of a CID investigation and self admitted to MCI credit card fraud.

920610:  Applicant acknowledged that he was eligible but not recommended for promotion to Lance Corporal for June Promotion Board due to pending disciplinary action.

920630:  Applicant acknowledged that he was eligible but not recommended for promotion to Lance Corporal for July Promotion Board due to poor judgement, inconsistent attitude, and trouble getting along with NCO's.

930601:  Applicant acknowledged that he was eligible but not recommended for promotion to Lance Corporal for Jul-Aug-Sep Promotion QTR (93) because of maturity level and lack of experience.

930624:  Counseled for deficiencies in performance and conduct (alcohol dependence, personality disorder, and history of behavioral problems). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930719:  Counseled for deficiencies in performance and conduct (financial irresponsibility as evidenced by uttering 2 worthless checks in the amount of $200 each to MCX and numerous bad checks in the civilian community). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930727:  Applicant, having been diagnosed as alcohol dependent by JDACC and a medical doctor and after being offered level III alcohol rehabilitation treatment, refused any type of treatment for alcohol dependence.

930621:  Medical evaluation by Staff Psychiatrist, NavHosp, Camp Lejeune.
          AXIS I: Alcohol Dependence
         AXIS II: Personality disorder NOS (Anti-Social and Narcissistic Features)
         AXIS III: No diagnosis
930803:  Medical Officer for substance Abuse Counseling Center: Applicant screened at center. He was diagnosed as alcohol dependent on 13 July 1993 and refused treatment the same day. Recommendation is an administrative discharge. He was given his VA rights on 30 July 1993.
930804:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of alcohol rehabilitation failure.
930805:  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.
930805:  Commanding officer recommended discharge under honorable conditions (general) by reason of alcohol rehabilitation failure. The factual basis for this recommendation was applicant's refusal to participate in his own recovery and the treatment offered by the U.S. Marine Corps, as evidenced by failure to successfully complete a Level III treatment program for alcoholism.

930930:  SJA review determined the case sufficient in law and fact.

930930:  GCMCA [COM, 2D MAW] advised CMC that applicant's discharge was directed 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 931007 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 applicant introduced no decisional issues for consideration by the Board.

 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 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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