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USMC | DRB | 2001_Marine | MD01-00356
Original file (MD01-00356.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD01-00356

Applicant’s Request
The application for discharge review, received 010129, 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 010822. 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. My discharge was inequitable because it was based on one isolated incident in 18 mos. of service with no other adverse action. I realize that mooning some one was immature and wrong but, that one action, did not warrant my discharge from the Marine Corps.

 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)                860211 - 870112  COG

 Period of Service Under Review :
Date of Enlistment: 870113               Date of Discharge: 880623

 Length of Service (years, months, days):

         Active: 01 05 11
         Inactive: None

 Age at Entry: 19                          Years Contracted: 6

 Education Level: 12                        AFQT: 66

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (4)                       Conduct: 4.3 (4)

 Military Decorations: None

 Unit/Campaign/Service Awards: MM

 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 :

880125:  Counseled for deficiencies in performance and conduct. [Failure to attain Marine Corps standards on the field day of his assigned barracks room, despite repeated counseling]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
880215:  Applicant to treatment for second time.

 880307:  Medical evaluation by Ward Medical Officer:
         AXIS I: Alcohol dependence.

 880307:  Applicant from treatment as a treatment failure.

880316:  Applicant assigned to the aftercare counseling program.

 880407:  Commanding officer recommended discharge honorable by reason of alcohol abuse rehabilitation failure. The factual basis for this recommendation was your failure to participate in and successfully complete alcohol rehabilitation at Naval Hospital, Pensacola, FL on 7 March 1988, and the recommendations of the Medical Officer, Dir JDACC, and your OIC.

880408:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of alcohol abuse rehabilitation failure.
880408:  Applicant advised of his rights and having consulted 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 and to submit a statement.

880505:  Applicant declined to submit a statement in rebuttal to his proposed separation.

880505:  SJA review determined the case sufficient in law and fact.

880516:  GCMCA [Commander, Marine Corps Air Bases, Western Area] directed the applicant's discharge under honorable conditions (general) by reason alcohol abuse rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 880623 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).

Issue 1. The applicant claimed his discharge was inequitable because it was based on one isolated incident in 18 mos. of service with no other adverse action. However, the official record indicates the applicant was discharged for failure to complete alcohol rehabilitation treatment. He was terminated from the treatment for uncooperative behavior and numerous infractions of the rules and regulations. A letter from his superiors on 30 March 1988 stated the applicant was a marginal performer. Judged to possess no further potential for military service, he was strongly recommended for discharge. The record notes that the applicant did not contest the separation proceedings by requesting a board hearing or submitting a written statement. The separation authority directed a discharge under honorable conditions (General).

The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. 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 relief, based on post-service conduct. 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. Relief denied



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 “ 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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