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USMC | DRB | 1999_Marine | MD99-00878
Original file (MD99-00878.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD99-00878

Applicant’s Request
The application for discharge review, received 990609, 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 000424. 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: GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE (no board not required), authority: MARCORSEPMAN Par. 6209.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. While serving as a Marine CPL at Parris Island SC, I was charged with violating a direct order. I did not feel at that time that non-judicial punishment was necessary. The NJP wenthrough anyway. I was basically mad at my command at the time I violated this direct order I was drinking alcohol, which I was too young to do. As such was told to go to substance abuse office. I did not feel that it was necessary at that time either. I refused treatment because I did not want SACO on my record I did not know that I violated MarCorpseMan 6209. I was told that I could possibly be discharged and at that time didn't care.

If I could change my attitude now, I would. I've grown - up a lot since then, realizing how important an honorable discharge really is. I've also lost my benefits for MGIB which I contributed to. Thank-you for reviewing my claim.

 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)                940624 - 950618  COG

 Period of Service Under Review :
Date of Enlistment: 950619               Date of Discharge: 980625

 Length of Service (years, months, days):

         Active: 03 00 07
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 84

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (9)                       Conduct: 4.2 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: MUC w/Star, NDSM, Certificate of Commendation, Certificate of Appreciation, Letter of Appreciation (2), Rifle Expert Badge (3), Pistol Expert Badge (2)

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE, authority: MARCORSEPMAN Par. 6209.

 Chronological Listing of Significant Service Events :

960913:  NJP for violation of UCMJ, Article 134:
 Specification: On 960715 to 960730, with intent to defraud, wrongfully obtain from the U.S. government, unauthorized telephone services, of a value of approximately $6.54.
Awarded forfeiture of $237.00 per month for 1 month, restriction for 14 days. Forfeiture of $135.00 for 1 month suspended for 3 months. Not appealed.
980320:  NJP for violation of UCMJ, Article 91 (2 specs):
 Specification 1: Willfully disobey a lawful order on 980303.
Specification 2: Willfully disobey a lawful order on 980315.
Violation of UCMJ, Article 86 (2 specs):
Specification 1: Fail to go at the time prescribed to appointed place of duty on 0645, 980226, to wit: Finance center Duty NCO.
Specification 2: Fail to go at the time prescribed to appointed place of duty on 0645, 980302, to wit: Finance center Duty NCO.
Awarded forfeiture of $568.00 per month for 2 months, restriction and extra duties for 45 days, reduction to LCpl. Appealed 980320.
980325:  Counseled for deficiencies in performance and conduct. [Violating Articles 86 and 91.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant choose to make a statement.
980403:  Medical evaluation:       AXIS I: Alcohol dependent.
980412:  Applicant refused treatment at ARC Jacksonville.

 980416:  Counseled for deficiencies in performance and conduct. [Concerning your refusal to attend Level III Substance Abuse treatment.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant choose to make a statement. Rebuttal dated 980326 to page 11 entry dated 980416.
980512:  Counseled for deficiencies in performance and conduct. [Concerning your diagnosis as a alcohol dependent by Depot SACC personnel.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980602:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of his refusal to participate in the Intensive Outpatient Treatment Program.

980602:          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.

980602:  Commanding officer recommended discharge general (under honorable conditions) by reason of alcohol rehabilitation failure. The factual basis for this recommendation was his refusal to participate in the Intensive Outpatient Treatment Program.

980610:  SJA review determined the case sufficient in law and fact.

980610:  GCMCA [Commander, Marine Corps Recruit Depot/Eastern Recruiting Region, Parris Island] directed the applicant's discharge general (under honorable conditions) by reason of alcohol rehabilitation failure.







PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980625 general (under honorable conditions) due to alcohol 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.

 The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E). The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. Additionally, proof of his successful completion of an alcohol treatment program is required. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.



Pertinent Regulation/Law (at time of discharge)

 A . The Marine Corps Separation and Retirement Manual, (MCO P1600.19E), effective 950818 until Present, 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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