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USMC | DRB | 2001_Marine | MD01-00308
Original file (MD01-00308.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD01-00308

Applicant’s Request
The application for discharge review, received 010117, 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 010808. After a thorough review of the records, 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 (verbatim)


1. Greetings gentlemen and or ladies. I bring forward to you today my situation concerning my (general under honorable) discharge from the United States Marine Corps. I realize with this type of discharge, I am unable to acquire the goals that I have set for myself prior to my enlistment. My DD214 indicates that I am a alcohol rehabilitation failure. I cannot deny that fact. The Marine Corps records should also indicate that I admitted myself into the alcohol treatment facility. But what the records don't indicate is that I failed the course intentionally in order to get out of a deployment for six months in order to be present for the birth of my first biological child. I realize that I made some bad decisions, asking the wrong individuals what to do in this situation. I know now that I should have brought that matter to someone higher in my chain of command.
I submit my request for a change of discharge today because, I do feel that the armed service makes me a better person, and I also feel that I have allotted to contribute. Hopefully my discharge may be upgraded so that I can re-enlist and continue to carry out all of my goals and better myself as an individual, and in the process influence others to do the same. Thank you for your time to review my situation. I anticipate hearing from you with high hopes.
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)                950727 - 951106  COG

 Period of Service Under Review :
Date of Enlistment: 951107               Date of Discharge: 990112

 Length of Service (years, months, days):

         Active: 03 01 26
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

 Education Level: 12                        AFQT: 45

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (6)                       Conduct: 4.3 (6)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MM, SSDR

 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 :

970902:  Counseled for deficiencies in performance and conduct. [Continual inability to adhere to a time line and display the attention to detail that is expected of a basic Marine.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
971115:  Applicant informed eligible but not recommended for promotion to Corporal for the December promotion period because of being immature and irresponsible.
980203:  Counseled for deficiencies in performance and conduct. [Showing poor judgment and lack of responsibility with your finances. After numerous counseling sessions and budget analysis, applicant continues to have returned checks and past due bills accumulate.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
980210:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from 0700 to 0740, 5Feb98.
Violation of UCMJ, Article 134:
Specification: Failure to pay all just debts on 27Jan98.
Awarded restriction and extra duties for 14 days. No indication of appeal found in service record.
980430:  Applicant informed eligible but not recommended for promotion to Corporal for the March promotion period because of lack of responsibility, maturity, worthless check writing.
980715:  Applicant informed eligible but not recommended for promotion to Corporal for the August promotion period because of lack of responsibility.
980803:  Counseled for deficiencies in performance and conduct. [Lack of time management.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
980911:  Counseled for deficiencies in performance and conduct. [Pattern of misconduct, i.e. unauthorized absence and continued financial irresponsibility and a lack of judgment.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
981106:  Applicant discharged from alcohol treatment as a treatment failure, with a poor prognosis.
981109:  Letter of review of records containing Platoon Commander's thirty notebook entries.
981110:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from 0801 to 2345, 240ct98.
          Award: Forfeiture of $400 per month for 2 months, restriction for unknown days, reduction to PFC. Forfeiture suspended for 6 months. Not appealed.
981110:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of alcohol rehabilitation failure.
981110:          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.

981118:  Commanding officer recommended discharge general (under honorable conditions) by reason of alcohol rehabilitation failure. The factual basis for this recommendation was based upon the chronological record of medical care that states you failed to meet the minimum requirements of the Alcohol Treatment Facility and had a poor prognosis on 6 November 1998.

981222:  SJA review determined the case sufficient in law and fact.
Partial discharge package missing.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 990112 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).

In response to the applicant’s issue, the Board found that w hen a Marine’s service has been honest and faithful, 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 numerous counselings and the award of non-judicial punishment (NJP) on two occasions for violations of the Uniform Code of Military Justice (UCMJ). The applicant’s misconduct included unauthorized absence and failure to pay just debts. In addition, intentionally failing alcohol rehabilitation treatment to be present for the birth of his child does not exculpate the applicant from the fact that he failed the treatment. An upgrade to honorable would be inappropriate. Relief is therefore denied .

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 “ afls10.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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