Search Decisions

Decision Text

USMC | DRB | 2000_Marine | MD00-00113
Original file (MD00-00113.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD00-00113

Applicant’s Request
The application for discharge review, received 991128, 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 000720. 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. I feel my discharge from the United States Marine Corps was inequitable because it was based on two incidents occurring as I served a period of three years of my military assignment.
I was told I would be discharged, but I was never given a firm date as to when it would occur. I was allowed to stay on to complete the soccer season as a player. As soon as the season was over I was told to pack up everything I owned immediately and given my discharge papers.
I feel someone, Master Sgt., Sgt. or Commanding Officer should have spoken to me and informed me before I was discharged.

 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)                950612 - 950926  COG

 Period of Service Under Review :
Date of Enlistment: 950927               Date of Discharge: 980730

 Length of Service (years, months, days):

         Active: 02 10 04
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 33

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.6 (4)     *                 Conduct: 4.6 (4) *

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MUC with 1 Star, Rifle Sharpshooter Badge, Pistol Expert Badge (2)

 Days of Unauthorized Absence: None

* 2 sets of marks missing

 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 :

970923:  Counseled for deficiencies in performance and conduct. [DUI with a BAC of .14%.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970924:  Medical evaluation indicates applicant alcohol dependent. Recommend treatment.

971010:  Applicant refuses treatment for addiction. Informed treatment refusal will lead to a recommendation for expeditious processing for administrative separation. Informed that if separated may get a less then fully honorable discharge.
971126:  NJP for violation of UCMJ, Article 111:
 Specification: On 0151, 14Sep97, physically control a vehicle, to wit: a passenger car, while impaired with a BAC of .14% as shown by a chemical analysis.
Violation of UCMJ, Article 134:
Specification: Drunk and disorderly on 0140, 3Oct97.
Awarded forfeiture of $500.00 per month for 2 months, restriction for 28 days and extra duties for 14 days. Not appealed.
980421:  Medical reevaluation due to continue drinking in aftercare. Recommend process for separation for alcohol rehab failure.
         AXIS I: Alcohol dependence.     
        
980423:  Consolidated Substance Abuse Counseling Center: Applicant considered an aftercare failure.
980601:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of alcohol rehabilitation failure.
980609:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights. Applicant was notified on 1Jun98 that he was to return acknowledgement of rights form no later than 9Jun98. Applicant stated he understood that unless he returned the form before 1630, 9Jun98. Applicant failed to return form and went on leave, when form was found it was unsigned. (extracted from undated, but signed, letter from CO, 7 th MT BN)

980601:  Commanding Officer recommended discharge general under honorable conditions by reason of alcohol rehabilitation failure. The factual basis for this recommendation was your failure of alcohol rehabilitation by drinking during the treatment and failing to meet rehabilitative requirements.

980715:  SJA review determined the case sufficient in law and fact.

980715:  Commander, 1 st Force Service Support Group approved 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 980730 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 believes that his discharge “was inequitable because it was based on two incidents occurring”. The applicant is correct in that he had 2 alcohol related incidents that resulted in his NJP. However, the applicant initially refused treatment for his alcoholism and then, having completed treatment, continued drinking in aftercare. Clearly this kind of conduct warrants discharge.

The applicant alleges that he was never informed of his discharge. The Board found that the applicant was notified of the intended recommended discharge on 980601. According to his CO, the applicant failed to return the form and went on leave. Relief denied.

 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. The applicant must be aware that documentation of his sobriety must be provided to warrant consideration for clemency. 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 view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.af.mil ”.

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
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 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...

  • USMC | DRB | 2002_Marine | MD02-00987

    Original file (MD02-00987.rtf) Auto-classification: Denied

    (Equity Issue) His failure to complete alcohol rehabilitation notwithstanding, this former member opines that his overall Marine Corps record supports recharacterization of his service period to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant's DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USMCR(J) 950531 -...

  • NAVY | DRB | 2004 Marine | MD04-00749

    Original file (MD04-00749.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 “administrative.” The Applicant requests a documentary record review. 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:...

  • 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 | 2001_Marine | MD01-00668

    Original file (MD01-00668.rtf) Auto-classification: Denied

    The applicant’s third issue states: “Change reason for separation to Secretarial Authority. The summary of service clearly documents that alcohol abuse rehabilitation failure was the reason the applicant was discharged. The Board reviewed the applicant’s service record and post service and found no impropriety or inequity in the Under Honorable Conditions (General) discharge.

  • 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 | 2001_Marine | MD01-00484

    Original file (MD01-00484.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Letter from Applicant (2pgs) Copy of DD Form 214 Copy of Commanding General's Separation Authorization Copies of Service Related Documents (13pgs) Letter from State of New York Division of Veteran Affairs Counselor (2pgs) Criminal History Record Check Request Copy of Driving Record Letter from FAS Military Analysis Network (Operation Laser...

  • USMC | DRB | 1999_Marine | MD99-01014

    Original file (MD99-01014.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Issues My undesirable discharge was unfair because it was based on a A.A. counselor opinion and not fact. 951218: Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of alcohol rehabilitation failure, specifically Level III aftercare program failure.951218: Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except...

  • USMC | DRB | 1999_Marine | MD99-01079

    Original file (MD99-01079.rtf) Auto-classification: Denied

    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. 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...

  • USMC | DRB | 2002_Marine | MD02-00565

    Original file (MD02-00565.rtf) Auto-classification: Denied

    MD02-00565 Applicant’s Request The application for discharge review, received 020319, requested that the reason for the discharge be changed to "end of contract." P_, Senior Defense Counsel, letter of rebuttal dtd 21 Oct 92North Carolina Uniform Citation PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 880518 - 881121 COG Period of Service Under Review :Date of Enlistment: 881122 Date of Discharge: 921104 Length of...