Search Decisions

Decision Text

USMC | DRB | 2001_Marine | MD01-00134
Original file (MD01-00134.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD01-00134

Applicant’s Request
The application for discharge review, received 001109, 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 010615. 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

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.
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)                950522 - 951010  COG

 Period of Service Under Review :
Date of Enlistment: 951011               Date of Discharge: 990715

 Length of Service (years, months, days):

         Active: 03 09 05
         Inactive: None

 Age at Entry: 18                          Years Contracted: 5

 Education Level: 12                        AFQT: 74

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (10)             Conduct: 4.1 (10)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, Letter of Appreciation (2), Certificate of Commendation

 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 :

960220:  Counseled for deficiencies in performance and conduct. [Lack of self-discipline, and use of poor judgment. Specifically on 960211/0145 you were UA from your appointed place of duty (Chow Hall).] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960625:  NJP for violation of UCMJ, Article 134:
 Specification: Behave in a manner prejudicial to good order and discipline to the Armed Forces by violating a direct order by drinking under the legal age.
Awarded forfeiture of $228.00 per month for 1 month, restriction and extra duties for 7 days. Not appealed.
980619:  S: Level 3 eval. A: ETOH abuse. P. Agree with Level III recommendation.
980720:  Counseled for deficiencies in performance and conduct. [Frequent involvement with military/civilian authorities and minor incidents prejudicial to good order and discipline. Substandard performance of primary and collateral duties. Failure to be at appointed place of duty at prescribed times, and willful disobedience of a lawful order and direct order from a SNCO.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980730:  Applicant admitted to Addictions Rehabilitation Clinic (ARC), Naval Hospital, Jacksonville, FL.

980812:  Applicant discharge from ARC. Discharge Diagnoses: Alcohol abuse.

981123:  NJP for violation of UCMJ, Article 86:
 Specification: Absence without leave, failed to go to appointed place of duty on 7Oct98 from 1400 to 1445.
Awarded forfeiture of $519.00 per month for 2 months, restriction and extra duties for 45 days, reduction to PFC. Not appealed.
990420:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of Alcohol rehabilitation failure.
990429:          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.

990505:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of Alcohol rehabilitation failure. The factual basis for this recommendation was declared a rehabilitation failure due to repeated missed after care treatment appointments.

990614:  SJA review determined the case sufficient in law and fact.

990614:  GCMCA [Commander, Marine Forces Reserve] directed the applicant's discharge General (under Honorable conditions) by reason of alcohol rehabilitation failure (board required but waived).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990715 general (under honorable conditions) due to Alcohol abuse 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 introduced no decisional issues for consideration by the Board.

 The following is provided for the benefit of the applicant. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for clemency, based on post-service conduct. The applicant did not provide any of these documents. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required.

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 | 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 | 1999_Marine | MD99-01001

    Original file (MD99-01001.rtf) Auto-classification: Denied

    FINAL DIAGNOSIS: Alcohol Dependence RECOMMENDATIONS: 1) Meet with command Drug and Alcohol Program advisor (DAPA) on a weekly basis during formal aftercare period. 920831: Commanding officer recommended discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 921224 under honorable conditions (general) due to alcohol abuse rehabilitation failure (A).

  • 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 | 1999_Marine | MD99-00231

    Original file (MD99-00231.rtf) Auto-classification: Denied

    MD99-00231 Applicant’s Request The application for discharge review, received 981124, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. 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 Board found the applicant’s noteworthy contributions to community 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...

  • USMC | DRB | 2001_Marine | MD01-00356

    Original file (MD01-00356.rtf) Auto-classification: Denied

    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. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214. 880407: Commanding officer recommended discharge honorable by reason of alcohol abuse rehabilitation failure.

  • 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 -...

  • USMC | DRB | 2001_Marine | MD01-00627

    Original file (MD01-00627.rtf) Auto-classification: Denied

    I received the good conduct medal for 3 years of service without incident. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214Copy of letter of appreciation dated July 6, 1992Copy of Certificate of Good Conduct dated July 11, 1992 Statement from applicant PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 880815 -...

  • USMC | DRB | 2000_Marine | MD00-00946

    Original file (MD00-00946.rtf) Auto-classification: Denied

    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. 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,...

  • 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...