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USMC | DRB | 1999_Marine | MD99-01079
Original file (MD99-01079.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD99-01079

Applicant’s Request
The application for discharge review, received 990809, 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.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)
1. I believe my Undesirable discharge was inequitable because it was based on my failure to rehabilitate in the Alcohol Rehabilitation program in the service during a time when I was going through a lot of personal problems at home. However, soon after my discharge (immediately), I rehabilitated on my own with the help of my wife and family. I was married to my girlfriend of 8 years (my high school sweetheart) in 1/93. Since then my wife gave birth to my son in May 1995. I have held a steady job (the same steady job) since 1993 and have led an exemplary life since my discharge which occurred when I was very young and going through a lot of problems. Any further information required will be provided upon request. Thank You for your consideration.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter from Applicant's spouse dated July 17, 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                900402 - 900416  COG

 Period of Service Under Review :
Date of Enlistment: 900417               Date of Discharge: 920923

 Length of Service (years, months, days):

         Active: 02 05 17
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 47

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.32 (4)             Conduct: 4.27 (4)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksman Badge, NDSM, SSDR, SASM(w/2 Stars), CAR, KLM

 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 :

901001:  Eligible but not recommended for promotion to PFC for month of Oct because of frequent involvement with civil authorities concerning illegal drugs.
901015:  Counseled for deficiencies in performance and conduct (fighting in the barracks, disobeying orders and frequent violations of the UCMJ). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

901016:  Unauthorized absence from 0631, 901016, until 1710, 901017.
901019:  NJP for violation of UCMJ, Article 86: UA from 0631, 901016 to 1710, 901017; violation of UCMJ, Article 92: on 901014 having knowledge of SOP P1500.3E, violated same by drinking underage; violation of UCMJ, Article 117: 901014, wrongfully used provoking words; "I'm prejudice and I'm not scared of any N....."; violation of UCMJ, Article 128: assaulted PFC F_ by pushing him with his hands; violation of UCMJ, Article 134: on 901016, while posted as firewatch, wrongfully slept on his post.
 Awarded forfeiture of $362.00 per month for 1 months, 30 days Correctional Custody with suspension of duty, $10.00 of forfeiture is hereby suspended for a period of 1 month. Not appealed.
911207:  Eligible but not recommended for promotion to LCpl for month of Dec 91 because of frequent involvement with civil authorities.

920207:  Admitted to Level III Alcohol Rehabilitation.

920306:  Discharged from Level III Rehabilitation.

920318:  Counseled for deficiencies in performance and conduct (alcohol related incident specifically a D.W.I. with a BAC of .22% on 910731). Necessary corrective actions explained, sources of assistance provided. Acknowledged he was seen by a substance abuse counselor on 911211 and recommended for Level III program. Attended Level III on and completed program. He acknowledged that failure to take corrective action may result in administrative separation.

920330:  NJP for violation of UCMJ, Article 112: on or about 0630, 18MAR92 was drunk on duty.
         Award: Forfeiture of $213 per month for 1 month (suspended for 6 months), restriction and extra duty for 14 days, reduction to E-X. Not appealed.

920428:  Counseled concerning VA rights as they pertain to Level III treatment failure. Applicant chose not to make a statement. Was provided necessary information on 920424.
920827:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of alcohol rehabilitation failure due to failure of Level III treatment.
920827:  Applicant advised of his rights and having consulted 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.

920827:  Commanding officer recommended discharge with a general (under honorable conditions) by reason of alcohol rehabilitation failure due to failure of Level III treatment. The factual basis for this recommendation was member's inability to quit drinking as reflected by his nonjudicial punishment on 30 March 1992 for being drunk on duty. He received Level III Treatment on 7 February 1992; however, it was noted on 16 April 1992 that because he is still dependent on alcohol he has been diagnosed as an alcohol rehabilitation failure.

920902:  Consolidated Drug and Alcohol Center: Advises command of member's relapse. Member re-evaluated on 09 APR 92 as a result of a command referral. Diagnosis: Alcohol Dependence (RELAPSE). Treatment dates were 07FEB92 - 06MAR92. Recommend re-assign to supervised AfterCare Group at command, 3-4 weekly AA meetings, Weekly screening by command.

920917:  SJA review determined the case sufficient in law and fact.

920917:  COM, 2D MARDIV, FMF directed the applicant's discharge with a general (under honorable conditions) by reason alcohol rehabilitation failure due to failure of Level III treatment. Additionally, directed that applicant be provided with name, address, and telephone number of the VA Medical Facility with alcohol treatment capabilities nearest his permanent residence.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920923 with a general (under other than honorable conditions) 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).

In response to the applicant’s issue 1, the Board found that the applicant was given several chances to rehabilitate himself through counseling and completion of a Level III program. It is unfortunate that the applicant had a relapse, but the Board found the applicant’s discharge was equitable

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of 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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