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USMC | DRB | 2000_Marine | MD00-00464
Original file (MD00-00464.rtf) Auto-classification: Denied


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


ex-LCpl, USMC
Docket No. 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. 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 000919. 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 Rehab Failure (administrative discharge board not required), authority: MARCORSEPMAN Par. 6209.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues (verbatim)
1. I would like to make a request of my General Discharge to Honorable Discharge, because I know I improve myself after my discharge in February 1988. I went to trade school for Welding (1988-89) and carpentry at San Juan College, Farmington, N.M. (1996-1997). Right now I am employed with F_ S_ Construction in Flora Vista, N.M.
 For this reason I am requesting for my discharge to be upgraded to Honorable Discharge, also I want to be eligible for assistance from my Chapter, and Veteran assistance Program, etc.

2. As for dealing with my Substance Abuse Problem. I went to a Rehab Program in October '95. I realize it is very important to me to live life Pure Cleanliness and to the Fullest. Also with a clear mind and feel that it is better that way and you will also go far and ahead in Life. Attach is Certificate and as Document 4.

 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, 1997
 Applicant's letter providing grades for his Carpentry Program
Welding Certificate dtd 23 Aug 1998
Applicant's letter providing types of welding and grades for Welding Program
Copy of DD Form 214 (2 copies)
Applicant's letter providing Temporary Jobs information
Employee of the Month Certificate through Temp. Service for July 1993
Certificate of Completion of Residential Treatment Program dtd Nov 1, 1995
Applicant's letter to the Board dtd Mar 28, 2000 providing additional information
2 Marine Corps Promotion Certificates
5 Marine Corps Course Completion Certificates
List of Automotive Organizational Mechanic Course and final average

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                850130 - 851001  COG

 Period of Service Under Review :
Date of Enlistment: 851002               Date of Discharge: 880129

 Length of Service (years, months, days):
         Active: 02 03 28
          Inactive: None
Age at Entry: 17 (Parental Consent)       Years Contracted: 4

Education Level: 12                        AFQT: 43
Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.4 (4)                       Conduct: 4.03 (4)

 Military Decorations: None
Unit/Campaign/Service Awards: Rifle Expert Badge

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Alcohol Abuse Rehab Failure (administrative discharge board not required but waived), authority: MARCORSEPMAN Par. 6209.
Chronological Listing of Significant Service Events :

860121:  Counseled this date on drinking alcoholic beverages under age. Placed in after hours alcoholic classes and applicant understood it's his responsibility to attend these classes. Further advised if reoccurance, disciplinary action will be taken.
860303:  NJP for violation of UCMJ, Article 91: disrespectful in language towards Cpl M. W. S_, USMC, his superior NCO, by saying, "F---- off", 2300, 860221, Bks M-604B, MTSCo, MCSSS, MCB, Camp Lejuene; violation of UCMJ, Article 134: Drunk and disorderly, 2300, 860221.
 Awarded forfeiture of $300.00 per month for 2 months, restriction for 60 days and extra duties for 30 days. Not appealed.
860303:  Counseled for deficiencies in performance and conduct (NJP 860303 for violation of Articles 93 & 134). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

860522:  Medical Eval: 18 year old Native American Indian male with 5 months service was a command referral for alcohol. Client was placed in a LEVEL II SUBSTANCE ABUSE WORKSHOP (SAW). During the SAW information disclosed by client was sufficient for a re-evaluation for LEVEL III.
          Diagnostic Impression: Alcohol Dependence, Drug Abuse (Cannabis)
          Recommendations: 3 AA meeting per week for 90 days, 1 NA meeting per week for 90 days, liver function test, urinalysis test twice a month, Level III formal treatment ARS/AARC.
860617:  Admitted to the Naval Alcohol Rehabilitation Center, Norfolk, VA for LEVEL III treatment.
860722:  Counseled for deficiencies in performance and conduct (non-completion of treatment at the Naval Alcohol Rehabilitation Center, Norfolk, VA). Necessary corrective actions explained (includes six month Aftercare Program), sources of assistance provided, disciplinary and discharge warning issued.

870303:  US Naval Hospital, Camp Pendleton: 19 year who was treated Level III at Norfolk, VA last summer and quit taking antabuse last fall. Pt involved in fit (with alcohol involved) last month. Command & SACO now want pt to return to AA, Aftercare, Antabuse for 6months. Pt last drink 48 hours ago and agree to above. Will refill Antabuse, CFT's today.
870624:  NJP for violation of UCMJ, Article 128: did on or about 2025 on 870606, assault Sgt H_, who then was and was then known by the accused to be a noncommissioned officer of the United States Marine Corps acting in the execution of his duties.
         Award: Forfeiture of $190 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.
870625:  Counseled for deficiencies in performance and conduct (frequent involvement with military authority due to excessive use of alcohol on the following dates: 861031 fighting, 861207 drinking in public, 870213 fighting, 870220 late for duty, 870606 drunk and disrespectful and assault on an NCO). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

871102:  MTM Co., 1stMaintBn, 1stFSSG, FMF, Camp Pendleton: 19 year old male presents for evaluation of laceration and swelling to left upper eyelid. Pt involved in a fist fight last PM at approximately 2100 with a friend in his room on base. Pt admits to being intoxicated. Also admits to striking his friend first, was hit in left eye with first. Did not seek medical attention, authorities not notified. No apparent injury to the eye itself. Pt denies further injury to head, member somewhat withdrawn and doesn't really want to relate incident to myself.
 Assessment: S/P laceration to left upper eyelid due to fist fight.
 Plan: Area cleaned and dried and dressed. Pt referred to psychiatrist ABC for medical officer eval.
871212:  Emergency Care/Treatment: 19 year old male, appears inebriated, alcohol on breath with dislocation of left shoulder - not clear as to how it happened. BAC 231.48.

[ SERVICE RECORD DOES NOT CONTAIN DISCHARGE PACKAGE AND UNABLE TO OBTAIN FROM APPLICANT.]

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 880129 with a General (Under 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 issues 1 and 2, the NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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, is considered. The applicant provided some evidence of continuing educational pursuits, an employment record, and completion of substance abuse treatment as documentation of his post-service. Unfortunately, t he applicant's efforts need to be more encompassing than those provided. Since the applicant has been discharged for over 12 years, he should have produced more evidence of verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities in order for consideration for clemency based on post-service conduct. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. He is highly encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received prior to 29 January 2003.

Pertinent Regulation/Law (at time of discharge)
A . Paragraph 6209, ALCOHOL ABUSE REHABILITATION FAILURE of the Marine Corps Separation and Retirement Manual (MCO P1900.16C, Change 4, effective 870727 until 890626).

 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      


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