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USMC | DRB | 1999_Marine | MD99-00777
Original file (MD99-00777.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
ex-SSgt, USMC
Docket No. MD99-00777

Applicant’s Request
The application for discharge review, received 990517, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000403. 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)/MISCONDUCT-PATTERN OF MISCONDUCT, authority: MARCORSEPMAN Par. 6210.3.

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; he did address issues in his undated letter which was forwarded with his DD Form293. The applicant requested the reason for his discharge be changed to Alcohol Rehab Failure vice Misconduct. He also requested separation pay. The applicant believes he was discharged for medical reasons (alcohol) after 15 years of service and was denied proper treatment.

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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              800603 - 830608  HON
         Active: USMC              831011 - 870604  HON
         Active: USMC              870605 - 920604  HON
         Active: USMC              920605 - 940708  HON
         Inactive: USMCR(J)                800529 - 800602  COG
         Inactive: USMCR(J)                830609 - 831010  COG

 Period of Service Under Review :
Date of Enlistment: 940709               Date of Discharge: 960322

 Length of Service (years, months, days):

         Active: 01 08 13
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

Education Level: 10                        AFQT: 46

 Highest Rank: SSgt

 Final Enlisted Performance Evaluation Averages All enlisted performance reports were available to the Board for review.

 Proficiency: 0.00 (0)             Conduct: 0.0(0)

 Military Decorations: GCM(5), NAM

 Unit/Campaign/Service Awards: , NDSM, , SSDR(4), NUC, Rifle Marksman Badge, Pistol Marksman Badge

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/MISCONDUCT-PATTERN OF MISCONDUCT, authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

940709:  Reenlisted at VMA-214 MAG-13 3DMAW MCAS YUMA AS for 4 years.
950614:  Applicant completed twelve supervised aftercare groups conducted by SACC with a fair prognosis. Applicant's participation in all areas of the program were moderate. Applicant demonstrated a strong desire to remain sober.

950710:  Substance Abuse Evaluation indicates after reviewing his case history and conducting a personal interview, the diagnostic impression was Alcohol Dependency in Relapse.

950913:  Counseled for deficiencies in performance and conduct. [Specifically on 950707 you were apprehended by local authorities for drunk and disorderly conduct] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

951212:  Substance Abuse Evaluation indicates after reviewing his case history and conducting a personal interview, the diagnostic impression was Alcohol Dependency in Relapse.

951212:  Counseled for deficiencies in performance and conduct. [Specifically on 951207 you were arrested in the City of Yuma, AZ for suspected DUI with a BAC of .283] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
951229:  Counseled for deficiencies in performance and conduct. [Specifically on 951206 you were suspected of being under the influence of alcohol while on duty. A fitness for duty physical examination was directed by the Squadron CO and conducted at the Station Medical Clinic. The results of that physical exam include the toxicological test indicated that you were found to have a .201 blood ETOH.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
951229:  Requested to enroll in the Treatment/Rehabilitation program for alcohol/drug dependency as conducted by a Veterans Administration Facility nearest his place of residence.

960105:  Applicant notified of intended recommendation for discharge general under honorable conditions by reason of misconduct due to a pattern of misconduct.


960110:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
960105:  Commanding officer recommended discharge general under honorable conditions by reason of misconduct due to a pattern of misconduct. The factual basis for this recommendation was two or more instances of conduct prejudicial to good order and discipline.

960110:  Applicant waived rights to Administrative Discharge Board.

960125:  SJA review determined the case sufficient in law and fact.

960207:  GCMCA [Commanding General] directed the applicant's discharge general under honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960320 with a general under honorable conditions for misconduct due to a pattern of misconduct (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

In the applicant’s issue regarding the change of the reason for his discharge to Alcohol Rehab Failure vice Misconduct, the Board found no rationale to grant relief. The Board considered the applicant’s records and determined his service was properly characterized.

The applicant requested he be given his separation pay. Per SECNAVINST 1900.7, service members who are discharged for misconduct are not eligible for separation pay.

 Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 until Present.

B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ.
C. 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.

D. 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.

E. 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 St SE Rm 309
                  Washington, D.C. 20374-5023     


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