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USMC | DRB | 1999_Marine | MD99-01001
Original file (MD99-01001.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD99-01001

Applicant’s Request
The application for discharge review, received 990719, 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 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: UNDER HONORABLE CONDITIONS (GENERAL)/Alcohol Abuse Rehabilitation Failure (administrative discharge board not required), authority: MARCORSEPMAN Par. 6209.

The NDRB did note an administrative error on the original DD Form 214. Block 12a, Date Entered AD This Period, should read: “89 12 27" vice "89 12 25", and Block 12c, Net Active Service This Period, should read: 02 11 28" vice "03 00 00". The original DD Form 214 should be corrected or reissued as appropriate.



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:
Applicant's letter to the Board dtd Jun 21, 1999 (3 pages)
Letter of Recommendation from brother (SSG K_ G. W_, USA) dtd 24 Jun 99
Letter of Recommendation from brother (Capt J_ M. W_, USAF) dtd 22 Jun 99
Certificate of Bachelor of Science Degree from Minnesota State Univ dtd 23 Aug 97
Certificate of Associate in Arts Degree from Normandale Community College dtd Mar95
Certificate of Completion of Options a C reate, INC. Program dtd 1-29-95
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                891220 - 891226  COG

 Period of Service Under Review :
Date of Enlistment: 891227               Date of Discharge: 921224

 Length of Service (years, months, days):

         Active: 02 11 28
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 13                        AFQT: 68

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.32 (5)             Conduct: 4.28 (5)

 Military Decorations: None

 Unit/Campaign/Service Awards: CAR, HSM, NDSM, NUC, SWASW(w/3 Bronze Stars), SSDR, KLM (2), JMUA, LOA, Rifle Expert Badge, Basic Parachutist Insignia

Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :
901126:  NJP for violation of UCMJ, Article 91: on or about 2300, 901115 willfully disobeyed a lawful order given by SSGT M_ to wit: stop fighting and get into the office; violation of UCMJ, Article 116: did on or about 2300, 901115 participate in a breach of the peace to wit: wrongfully fighting outside the 21 Area Enlisted Club; violation of UCMJ, Article 128: did on or about 2300, 901115 assault SSGT M_ to wit: pushed over a bench and started choking him; violation of UCMJ, Article 134: was on or about 2300, 901115 drunk and disorderly on station.
 Awarded forfeiture of $196.00 per month for 1 month, restriction for 14 days. No indication of appeal.
910405:  NJP for violation of UCMJ, Article 86: on or about 2200, 910311-0830, 910312 UA/AWOL from appointed place of duty, to wit: had curfew and due to being IHFA, did not return until approx 0830, 910312; violation of UCMJ Article 134: on or about 2200, 910311 found to be drunk and disorderly. Was returning to ship with fellow Marines and jumped from taxi to which he violated curfew. He was later picked-up by civil Foreign authority.
         Award: Forfeiture of $203 per month for 1 months, restriction and extra duty for 14 days. No indication of appeal in the record.
910405:  Counseled for deficiencies in performance and conduct (blatant disrespect for authority and uncontrollable use of alcohol). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

910826:  Medical evaluation: Self referral to Consolidated Substance Abuse Control Center (CSACC). Pt appears in clean uniform, mood and affect appropriate to situation. Pt appears honest and willing to go to treatment.
         Assessment: Pt found to be Alcohol Dependent, also a low self esteem and unresolved anger.
         Plan: Refer to M.O and Level III treatment, 2 AA meetings weekly.

910826:  CSACC Report: Recommended referral to Level III ARC/ARD program, referral to medical officer for dependency evaluation/need for detoxification/antabuse screening, recommend two meetings per week. Amenability to recommendations: Fair.
         Potential for further productive service with recommended program: Fair.

920412:  Medical evaluation by NAVHOSP Beaufort, SC: LCpl (Applicant) is a 21 year old Caucasian, single, E-3, recon with 28 months continuous service in the USMC. He said he self referred after several attempts to control his drinking had failed. Other alcohol related incidents include assault, drunk and disorderly, UA and incarceration following alcohol related incidents. Upon admission , the pt acknowledged that he was an alcoholic, did believe he should stop drinking and appeared to be receptive to treatment.
         FINAL DIAGNOSIS: Alcohol Dependence
         RECOMMENDATIONS: 1) Meet with command Drug and Alcohol Program advisor (DAPA) on a weekly basis during formal aftercare period. 2) Attend Alcoholics Anonymous meetings at least 3 times weekly. 3) Participate in formalized Counseling and Assistance Center aftercare group for two hours per week. 4) Maintenance of a urinalysis testing program, 2 samples per month on a random basis.

920601:  Applicant declined enrolled in the Veteran's Administration's Drug and Alcohol program in conjunction with discharge.
920805:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure.
920805:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

920807:  LT G. W. L_ statement concerning applicant: "This letter is in reference to the performance of LCpl (Applicant). As his Platoon commander, I have had the opportunity to observe this Marine on a daily basis. The case of LCpl (applicant) is an unfortunate situation. Quite frankly, he is one of the more proficient and motivated Marines in the platoon. .......................However, his desire to be a U.S. Marine is questionable. LCpl (Applicant) has had numerous alcohol-related incidents, some resulting in office hours. A recent alcohol-related problems, which occurred off-base, resulted in LCpl (Applicant) paying $1000.00 for property dames in an out of court settlement. As a result of this event, application was enrolled in a Level III ARC. He was eventually dropped from the program for failure to obey the format of the course................."

920831:  Commanding officer recommended discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure. The factual basis for this recommendation was all rehabilitation efforts have failed, and no potential for further military service exists. Commanding officer’s comments (verbatim): "This Marine has nothing to offer through continued service. He prefers alcohol to constructive efforts on his own behalf."

920904:  Discharge package returned for correction and resubmission.

921028:  Discharge package returned for correction and resubmission.

921118:  GCMCA [CG, 1 ST MARDIV] directed the applicant's discharge under honorable conditions (general) by reason alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 921224 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. The applicant is reminded that he is eligible for a personal appearance hearing within 15 years from the date of his discharge.

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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