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USMC | DRB | 2000_Marine | MD00-00946
Original file (MD00-00946.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD00-00946

Applicant’s Request
The application for discharge review, received 000725, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed the Veterans of Foreign Wars as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020901. 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 required but waived), authority: MARCORSEPMAN Par. 6209.
.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I have not had any other charges or other problems since I have been out.

 2. Applicant indicated above requested that Veterans of Foreign Wars act as counsel concerning his application. His records were reviewed on October 24, 2000 and the following comments are hereby submitted.

All alcohol related incidents shall be scrutinized by the commander (or designated representative) for determination as to appropriate action. Should an evaluation for alcohol dependency be directed, the individual will be scheduled for a medical evaluation and an interview with a trained drug and alcohol counselor. Based upon the evaluation, and the opinions of the counselor, the medical officer will provide the individual's command with a determination of dependency.

We contend at the least, a violation of the important principles contained in MCO 5370.6A and MARCORSEPMAN 6016.l.e is inequitable and provides an equitable basis for upgrade.

We refer this case to the Board for their careful and compassionate consideration and request the applicant's discharge is reviewed for a General under Honorable Discharge.

 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: USMC              830712 - 870612  HON
         Inactive: USMCR(J)                820820 - 830711  COG

 Period of Service Under Review :
Date of Enlistment: 870613               Date of Discharge: 880609

 Length of Service (years, months, days):

         Active: 00 11 27
         Inactive: None

 Age at Entry: 21                          Years Contracted: 6

 Education Level: 12                        AFQT: 33

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (2)                       Conduct: 4.5 (2)

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, SSDR

 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 required but waived),authority: MARCORSEPMAN Par. 6209.

 Chronological Listing of Significant Service Events :

870613:  Applicant reenlisted for 6 years.

871007:  NJP for violation of UCMJ, Article 111:
 Specification: Driving while drunk aboard MCAS El Toro, CA 0145, 29Aug87. Awarded forfeiture of $250.00 per month for 2 months, reduced to PFC. Reduction suspended for 4 months. Not appealed.
880318:  NJP for violation of UCMJ, Article 134:
 Specification: Driving under the influence of alcohol on 0005, 16Jan88.
Awarded forfeiture of $300.00 per month for 2 months, extra duties for 15 days, reduced to PFC. Not appealed.
880401:  Counseled for deficiencies in performance and conduct. [Medical diagnosis of alcoholism dependence and applicant refused all inservice formal rehabilitation for said disease.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
880420:  Commanding officer recommended discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure. The factual basis for this recommendation was the applicant’s signed refusal of all in-service formal alcohol dependence rehabilitation, executed 880401.

880510:  GCMCA [Commanding General, 3d Marine Aircraft Wing] directed the applicant's discharge under honorable (general) conditions by reason of alcohol abuse rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 880609 under honorable conditions (general) 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 the applicant’s issue 1, the Board found no evidence to support the applicant’s claim of responsible behavior and good character. The NDRB is authorized to consider 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. However, there is no law or regulation that 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 be found to have existed during the period of enlistment in question. No such error or injustice is evident in the applicant’s service record. In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships. The applicant's efforts need to be more encompassing than those provided. The applicant should have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his sobriety 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.

The Board carefully considered the issues raised by the VFW. The Board found the applicant was, in fact, scheduled for medical evaluation and rehabilitation in an accredited alcohol recovery program, but refused participation in such program, even when counseled that such refusal would preclude his eligibility for post service VA rehabilitation programs.
Relief on this basis, therefore, is denied.

In the second VFW issue, t he applicant's case was considered under the pertinent standards of equity to determine if any factors in this particular case merited clemency. The NDRB found the applicant’s service record devoid of any mitigating or extenuating factors sufficient to offset the seriousness of the offenses for which the discharge was awarded. In fact, the Board found the applicant had been afforded thorough and detailed counseling on his deficiencies, and was offered avenues of assistance with his alcohol abuse. Relief is therefore, denied. The applicant is reminded that he remains eligible for a personal appearance hearing provided that an application is received within 15 years from the date of discharge.




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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