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USMC | DRB | 2001_Marine | MD01-00370
Original file (MD01-00370.rtf) Auto-classification: Denied


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

ex-Sgt, USMC
Docket No. MD01-00370

Applicant’s Request
The application for discharge review, received 010131, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010906. 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 REHABILITATION FAILURE (no board not required), authority: MARCORSEPMAN Par. 6209.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I am sending this letter to request the review of my military records to change my discharge from the USMC from "General Under Honorable Conditions" to "Honorable". I have served two periods of service from 1986 to 1990 in the U.S. Navy which I receive an Honorable discharge. And from 1991 to 1995 in the USMC. During that time I have received a number of awards and commendations to include the National Defense Service Medal, Navy Achievement Medal, Good Conduct Medal, Meritorious Unit Citation, Sea Service Deployment Ribbon, Letters of Appreciation (4), Meritorious Mast (4) and a Certificate of Commendation. I have enclosed copies of my DD 214 and my Fitreps received as a Sergeant, Please note my records and Fitreps indicate a hard working, dedicated Marine always with exemplary appearance and seeking increased responsibility. My discharge indicating alcohol abuse failure was based on one individuals opinion that I required alcohol abuse counseling. Nothing in my 105 months of service or after my discharge indicates any type of alcohol abuse or misuse. However by received this type of discharge I have been turned away from a number of City, County and State jobs as a veteran with an alcohol problem? I am respectfully requesting the Board to change my character of service to HONORABLE, separation code to LBK, reentry code to RE-1 and Delete the Alcohol abuse failure from the narrative reason for separation. This will afford me the opportunity to receive the education and training needed to obtain a job using the veterans points I have earned for my service. Thank you for your consideration. Signed (Applicant)

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Performance Evals (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        860103 - 900102  HON
         Inactive: USMCR(J)                901029 - 910109  COG

 Period of Service Under Review :
Date of Enlistment: 910110               Date of Discharge: 951017

 Length of Service (years, months, days):

         Active: 04 09 08
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4 (22 months extension)

 Education Level: 12                        AFQT: 56

 Highest Rank: Sgt

 Final Enlisted Performance Evaluation Averages: All enlisted performance reports were available to the Board for review.

Military Decorations: NAM

 Unit/Campaign/Service Awards: NDSM, MUC, Navy "E" Ribbon, GCM, SSDR, LOA (4), MM (4), CoC

Days of Unauthorized Absence: None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/ALCOHOL REHABILITATION FAILURE, authority: MARCORSEPMAN Par. 6209.

 Chronological Listing of Significant Service Events :

950110:  Extended for 22 months.
950706:  Medical evaluation by SAR. AXIS I: Alcohol Dependent. Recommend inpatient treatment.
950802:  Counseled concerning formal diagnosis of alcohol dependence, understanding that during a substance abuse screening conducted on 6 Jul 95, which was initiated upon my request, that it was determined that I am alcohol dependent. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950803:  Applicant ordered to report to Alcohol Rehabilitation Center, Shepard AFB, on 950807. Applicant refused to attend Level III inpatient treatment.

950807:  Counseled concerning my failure to comply with a lawful order, acknowledging that I willingly and knowingly refused to comply with a lawful order to attend treatment/rehabilitation for alcohol dependence at the Shepard AFB Alcohol Rehabilitation Center. Acknowledged understanding that refusal to attend treatment will result in being processed for separation.

950809:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of Alcohol Rehabilitation Failure.
950815:  Member checked out health and dental records and never returned.

 950815:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to make a statement and the right to obtain copies of the documents used to support the basis for the separation.

950815:  Applicant's Statement (requesting an Honorable Discharge).

950828:  Commanding officer recommended discharge under honorable conditions (general) by reason of Alcohol Rehabilitation Failure. The factual basis for this recommendation was due to failure to participate in Level III Alcohol Rehabilitation Program.

951002:  GCMCA, Commander, Marine Forces Reserve directed the applicant's discharge under honorable conditions (general) by reason of Alcohol Abuse Failure (board required but waived).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 951017 under honorable conditions (general) 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).
As requested in the applicant’s issue (letter), the NDRB carefully reviewed the applicant’s service record including awards, fitness reports and other commendatory data. The Board found that the Under Honorable Conditions (general) accurately characterizes the applicant’s service. The record shows the applicant refused to participate in Alcohol Rehabilitation after a diagnosis by a medical doctor as alcohol dependant on 950606. The Board found no merit in the applicant’s assertion that his “…alcohol abuse failure was based on one individual’s opinion that I required alcohol abuse counseling.” There is no requirement for, nor did the applicant request a second opinion in an alcohol dependence diagnosis. Relief is not warranted.

The applicant requested the narrative reason for discharge be deleted. The Board found no reason to change the separation code or to “delete the alcohol abuse failure from the narrative reason for separation.” No other reason would appropriately describe the applicant’s separation from the Marine Corps. Relief is not warranted

Concerning the request for a change in the reenlistment code ( RE Code), the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps. Reenlistment policy for the Marine Corps is promulgated by the Commandant, United States Marine Corps, Headquarters USMC (CODE-MMEA), 3280 Russell Road, Quantico, VA 22134. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief, is therefore, denied.

The NDRB is authorized to consider post-service factors in the re characterization of a discharge. 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, may be considered by the NDRB. The applicant failed to provide documentary evidence to demonstrate his sobriety, positive community service, employment history, and clean police record. Relief is not warranted.

The applicant is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is recommended .



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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