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USMC | DRB | 2001_Marine | MD01-00485
Original file (MD01-00485.rtf) Auto-classification: Denied


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

ex-Sgt, USMC
Docket No. MD01-00485

Applicant’s Request
The application for discharge review, received 010306, requested that the characterization of service on the discharge be changed to honorable and that the narrative reason for separation be deleted. 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 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 and that the narrative reason for separation will not be deleted. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE (board not required), authority: MARCORSEPMAN Par. 6209.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

I would appreciate your time looking into this matter for me.

 1. Navy Achievement Medal be added to Item #13 (DD 214)

2. Character of service, after review of SRB, be upgraded to honorable discharge.

3. "Narrative reason for separation Item #28 (DD 214) be deleted.

-No offenses or punishment-

*Document #3 is for general purposes. Respectfully requested,

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of Honorable discharge certificate
Copy of Navy Achievement Medal certificate

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              920526 - 960119  HON
         Inactive: USMCR(J)                920302 - 920525  COG

 Period of Service Under Review :
Date of Enlistment: 960120               Date of Discharge: 980520

 Length of Service (years, months, days):

         Active: 02 04 01
         Inactive: None

 Age at Entry: 24                          Years Contracted: 4

 Education Level: 12                        AFQT: 80

 Highest Rank: Sgt

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

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MM, SSDR, GCM, Letter of Appreciation

 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 :

970801:  Counseled for deficiencies in performance and conduct. [Unsat conduct while enrolled as a student at Goodfellow AFB, TX on 26 July 97, to wit: driving while under the influence and disorderly conduct as reported in 17 th security force squadron incident report I1997070038 dated 26 July 97]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant submitted a rebuttal dated 4Aug97.
970922:  Psychology Department: Diagnostic: Alcohol abuse.

 980220:  Psychology Department: Diagnostic Impression: Axis I: Alcohol dependence. Axis II: Narcissistic traits.
980303:  Applicant evaluated by Substance Abuse Counseling Center for cannabis abuse and was diagnosed as alcohol dependent.

 980330:  Applicant admitted to the intensive outpatient treatment program.

 980414:  Psychology Department: Diagnostic Impression: Axis I: Alcohol dependence. Axis II: Provisional - personality disorder not otherwise specified with narcissistic traits.
980415:  Applicant terminated from intensive outpatient treatment and determined to be non-amenable to treatment.

980430:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of alcohol rehabilitation failure.
980430:          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.

980430:  Commanding officer recommended discharge general (under honorable conditions) by reason of alcohol rehabilitation failure. The factual basis for this recommendation was your failure to successfully complete Alcohol Rehabilitation Program as evidenced by Substance Abuse Counseling Center letter 5300/1A of 15Apr98.

980512: Applicant recommended for VA follow up treatment for existing back pain and personality disorder [extracted from medical record].

980528:  SJA review determined the case sufficient in law and fact.

980528:  GCMCA [Commanding General, 2d Marine Aircraft Wing] directed the applicant's discharge general (under honorable conditions) by reason of alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980520 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).

Issue 1. The Board requested the Commandant of the Marine Corps, Headquarters, to modify the DD214 based upon the applicant’s copy of his Navy Achievement Medal certificate.

Issue 2. 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. The Board disagrees with the applicant’s assertion that his overall service record warrants an honorable discharge. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable. Less than 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. In the applicant’s case, his willful poor conduct displayed by repeated involvement with alcohol related incidents and refusal to complete alcohol rehabilitation treatment marred his otherwise superior performance of duties. Relief denied.
Issue 3. The applicant’s administrative separation was initiated by his refusal to cooperate with medical personnel and complete alcohol rehabilitation treatment. No other characterization or Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Narrative Reason for Separation would be inappropriate and the applicant’s dissatisfaction with the nature of his discharge does not provide a legitimate basis to alter history. Relief denied.
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 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. Representation at a personal hearing is not mandatory, but is strongly recommended. This representation need not be a lawyer, but may be any person of stature and good standing in the community including the various veterans’ organization.

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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