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USMC | DRB | 2001_Marine | MD01-00484
Original file (MD01-00484.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD01-00484

Applicant’s Request
The application for discharge review, received 010306, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to end of service. The applicant requested a documentary record discharge review. The applicant listed New York State Division of Veterans Affairs as his 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: GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE (no board not required), authority: MARCORSEPMAN Par. 6209.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. To change of service from General (Under Honorable Conditions) to Honorable.

2. To change narrative reason for Separation from Alcohol Rehabilitation Failure to End of Service.

 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 Strike)
Character/Reference Letter

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                960427 - 960616  COG

 Period of Service Under Review :
Date of Enlistment: 960617               Date of Discharge: 980724

 Length of Service (years, months, days):

         Active: 02 01 08
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 13                        AFQT: 74

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (8)                       Conduct: 4.4 (8)

 Military Decorations: None

 Unit/Campaign/Service Awards: MM, LA

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 :

970626:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of the UCMJ, Article 134: Drunkenness-Incapacitation for performance of duties through prior wrongful indulgence intoxicating liquor.
 Awarded: Reduction to E-2. Not appealed.
970718:  Counseled for deficiencies in performance and conduct. [Irresponsible use of alcohol and unauthorized absence as pertains to your incident on 970602]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980413:  Applicant administratively reduced to PFC due to professional incompetence, Specifically, off base arrest for DUI on 980325 and alcohol related physical altercation on 980327.

980421:  Medical Assessment: ETOH Abuse, R/O Dependence.

980505:  Director of Substance Abuse Counseling Center indicated applicant was medically diagnosed alcohol dependent and recommended to participate in the Intensive Outpatient Treatment Program (IOP). Subsequently, applicant refused to participate in (IOP) on 980421.
         
980707:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of alcohol rehabilitation failure.
980707:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

980707:  Commanding officer recommended discharge general under honorable conditions by reason of alcohol rehabilitation failure. The factual basis for this recommendation was your failure to complete Level III treatment program, as evidenced by Director Substance Abuse Counseling Center letter 5300/1A SACC of 980505.

980715:  SJA review determined the case sufficient in law and fact.

980715:  GCMCA [Commanding General] directed the applicant's discharge under honorable conditions (general) by reason of alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980724 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).

 The applicant’s dissatisfaction with his MOS and false expectations of what service in the USMC would be like, as stated in his personal letter to the Board, is not grounds for excusing misconduct. The applicant states he refused alcohol rehabilitation treatment as a means to get the best discharge he could. In the applicant’s issues 1 and 2, he requests that his discharge characterization be changed to Honorable and the narrative reason be changed to “end of service.” The applicant’s discharge characterization and narrative reason for separation accurately reflect 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. The applicant did not provide sufficient documentation to warrant an upgrade to his discharge. 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 . 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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