Search Decisions

Decision Text

USMC | DRB | 1999_Marine | MD99-01120
Original file (MD99-01120.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD99-01120

Applicant’s Request
The application for discharge review, received 990824, requested that the reason for the discharge be changed to (blank). 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: HONORABLE/ALCOHOL REHABILITATION FAILURE (no board not required), authority: MARCORSEPMAN Par. 6209.

The NDRB did note an administrative error on the original DD Form 214. Block 12c, Net Active Service this Period should read “02 02 03” vice “02 02 00”. The original DD Form 214 should be corrected or reissued as appropriate.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I have an honorable discharge, under alcohol failure. I do not have a alcohol problem. I simply disliked the Marines, so I dropped out of rehab.

I served 2 years and 2 months and contributed to the MCIB and I need funds for college. I hope you will reconsider you decision on denying me the MGIB because of my time in service. I really need that money so that I can get a college education so I can pursue a professional occupation.

I would like to thank the board for there time, and hope that you will make the right decision for my future.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None
PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                930629 - 940613  COG

 Period of Service Under Review :
Date of Enlistment: 940614               Date of Discharge: 960816

 Length of Service (years, months, days):

         Active: 02 02 03
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

 Education Level: 12                        AFQT: UNK

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (5)                       Conduct: 4.4 (5)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR

 Days of Unauthorized Absence: None

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

HONORABLE/ALCOHOL REHABILITATION FAILURE, authority: MARCORSEPMAN Par. 6209.

 Chronological Listing of Significant Service Events :

930622:  Applicant briefed on Navy's policy on drug and alcohol abuse.

 960319:  Extracted from letter from Director, Consolidated Drug and Alcohol Center to CO dated 1May96: Counselor's diagnostic impression was Alcohol dependence and was confirmed by a medical officer's diagnosis.
960410:  Counseled for deficiencies in performance and conduct. [Driving under the influence of alcohol. Drinking under age, disobeying a lawful order, misuse of another Marines property.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960412:  NJP for violation of UCMJ, Article 92:
 Specification: Consuming alcohol while under the age of 21.
Awarded forfeiture of $150.00 per month for 1 month, restriction and extra duties for 14 days. Forfeiture, restriction and extra duty suspended for 6 months. Not appealed.
960415:  Counseled for deficiencies in performance and conduct. [Failing to obey and follow base order 1700.6h (underage drinking) which resulted in Company NJP 960412.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960430:  Consolidated Drug and Alcohol Center: Advised applicant of failure of treatment for substance abuse, specifically: refusal of Level III treatment for alcohol dependence.
960502:  Applicant released from Naval Hospital and returned to your command as a result of failure through inability or refusal to participate in, cooperate in, or successfully complete an alcohol treatment and rehabilitation program.
960529:  NJP for violation of UCMJ, Article 92:
 Specification: Violated Bn Cmdrs Liberty Risk Program on 24May96 thru 27May96 by not signing in from liberty at 2200.
Awarded forfeiture of $100.00 per month for 1 month, restriction and extra duties for 7 days. Not appealed.
960604:  Vacate suspended forfeiture, restriction and extra duty awarded at CO's NJP of 12Apr96.
960617:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of alcohol rehabilitation failure.
960619:  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 and included a written statement in rebuttal.

960626:  Commanding officer recommended discharge general (under honorable conditions by reason of alcohol rehabilitation failure. The factual basis for this recommendation was failure of Level III alcohol rehabilitation treatment as confirmed by his SF 600 of 30 April 1996 and the Commanding Officer, Naval Hospital's ltr 5353 38 of 2 May 1996.

960724:  SJA review determined the case sufficient in law and fact, and recommends an honorable discharge.

960730:  GCMCA [CG, 2d MarDiv, U.S. Marine Corps Forces, Atlantic] directed the applicant's discharge honorable by reason of an alcohol rehabilitation failure.
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960816 honorable 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).

In the applicant’s issues the Board found that the applicant acknowledged, on 940617, that he understood that he must complete 36 months of active duty service before he is entitled to the MGIB. The applicant served only 26 months, thus not qualifying for the MGIB. The applicant was correctly discharged for dropping out of alcohol rehabilitation. Relief denied.


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     


Similar Decisions

  • USMC | DRB | 2002_Marine | MD02-01341

    Original file (MD02-01341.rtf) Auto-classification: Denied

    931215: Applicant informed eligible but not recommended for promotion to Cpl for the month of January 1994 due to alcohol dependency and failure of Level III alcohol rehabilitation. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19931223 under honorable conditions (general) due to alcohol rehabilitation failure (A). The Applicant is reminded that she remains eligible for a personal appearance hearing, provided an application is...

  • NAVY | DRB | 2004 Marine | MD04-00925

    Original file (MD04-00925.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Not appealed.980317: Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of alcohol rehabilitation failure, based upon your failure to successfully complete the Level III treatment program.980317: Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive...

  • USMC | DRB | 1999_Marine | MD99-00478

    Original file (MD99-00478.rtf) Auto-classification: Denied

    MD99-00478 Applicant’s Request The application for discharge review, received 990218, requested that the characterization of service on the discharge be changed to honorable. The fact remains that Corporal (Applicant) has been determined to be an alcohol abuser. However, the service that is recorded in Corporal (Applicant)'s record book merits a general discharge.

  • USMC | DRB | 2003_Marine | MD03-01057

    Original file (MD03-01057.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to CONVENIENCE OF THE GOVERNMENT. The following issues are the reasons I believe my discharge should be upgraded to Honorable and reenlistment code changed. Prognosis for sobriety is poor.940113: Applicant notified of intended recommendation for discharge with a characterization of general (under honorable conditions) by reason of...

  • USMC | DRB | 2000_Marine | MD00-00464

    Original file (MD00-00464.rtf) Auto-classification: Denied

    MD00-00464 Applicant’s Request The application for discharge review, received 000229, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:VA's letter to the Applicant dtd Feb 10, 2000, concerning benefits eligibility One Year Carpentry Program Certificate dtd May 8, 1997Applicant's letter providing grades for his Carpentry...

  • USMC | DRB | 1999_Marine | MD99-00878

    Original file (MD99-00878.rtf) Auto-classification: Denied

    980602: Commanding officer recommended discharge general (under honorable conditions) by reason of alcohol rehabilitation failure. 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. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough...

  • USMC | DRB | 2003_Marine | MD03-01130

    Original file (MD03-01130.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19990226 under honorable conditions (general) due to alcohol rehabilitation failure (A). 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...

  • USMC | DRB | 2001_Marine | MD01-00812

    Original file (MD01-00812.rtf) Auto-classification: Denied

    MD01-00812 Applicant’s Request The application for discharge review, received 010529, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to medical condition existing before service. Violation of UCMJ, Article 134: Specification: Bring discredit upon the armed forces Awarded forfeiture of $273.00, restriction for 14 days. The names, and votes of the members of the Board are recorded on the original of this...

  • NAVY | DRB | 2004 Marine | MD04-00924

    Original file (MD04-00924.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. 911024: GCMCA [CG, MCCDC] directed the Applicant's discharge under honorable conditions (general) by reason alcohol rehabilitation failure.

  • USMC | DRB | 2003_Marine | MD03-00570

    Original file (MD03-00570.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to RE Code 1. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case,...