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USMC | DRB | 2000_Marine | MD00-00620
Original file (MD00-00620.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD00-00620

Applicant’s Request
The application for discharge review, received 000418, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to End of Current Contract. The applicant requested a documentary record discharge review. The applicant listed AMERICAN LEGION as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010201. 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 decision, by a vote of 4 to 1, was 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. (EQUITY ISSUE) This former member avers that his GD is to harsh. He opines that his SRB supports an HD as evidenced by the absence of NJP violation, acceptable performance/conduct marking and award of a GCM.

2. (EQUITY ISSUE) This former member further requests that the Board include provision of SECNAVINST 5420.174C.,enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application.

 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: USMC              None
         Inactive: USMCR(J)                930826 - 940223  COG

 Period of Service Under Review :
Date of Enlistment: 940224               Date of Discharge: 971121

 Length of Service (years, months, days):

         Active: 03 08 28
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 86

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (10)                      Conduct: 4.4 (10)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Expert Badge (2 nd ), GCM, NDSM

Days of Unauthorized Absence: None

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 :

950224:  Counseled for deficiencies in performance and conduct. [Your losing your DD Form 2MC (Identification Card) on 941001, 941201, and on 950210.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

961218:  Counseled for deficiencies in performance and conduct. [Involvement in an affray on or about 961001 at an off base residence.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970407:  Counseled for deficiencies in performance and conduct. [Failure to meet minimum standards of performance; specifically, failing the PFT on 970131.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970407:  Not recommended for promotion to Corporal for 1 st quarter of 1997 due to lack of leadership and initiative.

970407:  Not recommended for promotion to Corporal for the month of April 1997 due to failure of PFT.

970627:  Ltr from Substance Abuse Counseling Officer to SgtMaj. Level III Aftercare plan was established 970505, applicant was instructed to make four meetings with JSACC, however missed two of them. The first one was on 970623 and the second was on 970707. Applicant was also instructed to meet with SACO once per week for progress checks and to insure AA meetings were being attended. To this date applicant has missed five meetings. Applicant was counseled on the consequences of not complying with his aftercare program however it is obvious that applicant does not feel the need to comply.

970722:  Director, Joint Substance Abuse Counseling Center notifying Commanding Officer that Cpl W____ has been dropped from Level III Aftercare for failure to attend group counseling sessions. Applicant did not attend aftercare on the dates of 970623, 970707, and 970721.

970814:  Counseled for deficiencies in performance and conduct. [Unsatisfactory military appearance, specifically, on or about 970604, you failed to shave prior to a squadron formation.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970814:  Counseled for deficiencies in performance and conduct. [Level III Rehabilitation failure as referenced by SACO ltr dtd 970627.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

970814:  Not recommended for promotion to Corporal for the third quarter of 1997 due to my recent failure of Level OOO aftercare.

970924:  Applicant notified of intended recommendation for discharge general under honorable conditions by reason of alcohol rehabilitation failure (dependent). “The basis for this recommendation is your failure to successfully complete Level III treatment.”

970924:          Applicant advised of his rights and having elected 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.

970929:  Commanding Officer, Headquarters and Headquarters Squadron recommended discharge general under honorable conditions by reason of alcohol rehabilitation failure.

971007:  Commanding Officer, Marine Corps Air Station, Beaufort concurred with recommendation of the Commanding Officer, Headquarters and Headquarters Squadron to discharge applicant general under honorable conditions by reason of alcohol rehabilitation failure (dependent).

971020:  SJA review determined the case sufficient in law and fact.

971020:  GCMCA [Commander, Marine Corps Air Base, Eastern Area] directed the applicant's discharge general under honorable conditions by reason alcohol rehabilitation failure.
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 971121 under other than 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, by a vote of 4 to 1, found that the discharge was proper and equitable (C and D).

 When a Marine’s service has been honest and faithful, (issue 1) it is appropriate to characterize that service under honorable conditions. Characterization of service as general (under honorable conditions) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. The applicant’s service was marred by 5 counseling entries, 3 of which were occasions for violations of the Uniform Code of Military Justice (UCMJ). The applicant’s misconduct included losing his military ID, involvement in an affray at an off base residence, and unsatisfactory military appearance. In addition, he received counseling entries for failure of the PFT and Level III Rehabilitation failure. An upgrade to honorable would be inappropriate. Relief is therefore denied.

The applicant’s representative submitted the following as issue 2: (EQUITY ISSUE) This former member further requests that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (B, Part IV). 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 no of his post-service. The applicant should produce evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using alcohol 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. He 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 his discharge.
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      


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