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USMC | DRB | 2001_Marine | MD01-00575
Original file (MD01-00575.rtf) Auto-classification: Denied


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


ex-CPL, USMC Docket No. MD01-00575

Applicant’s Request
The application for discharge review, received 010327, 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 Abuse Rehabilitation Failure (administrative discharge board not required), authority: MARCORSEPMAN Par. 6209.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues
1. I was not a rehabilitative failure, and so warrants an upgrade to honorable. I attended my Level three treatment and completed it successfully. I did not finish the aftercare program only. This was my first and only negative experience with alcohol. I was a little upset with the whole situation and was negligent in my final effort. Admittedly it was an example of immaturity and poor judgement on my part.
2. 1 received letters of Commendation, and so warrants an upgrade to honorable. Please refer to attached documents 2a - 2k.

 3. My conduct and efficiency ratings / behavior and proficiency marks were mostly good, and so warrants an upgrade to honorable. I had no discipline or problems other than this one isolated incident. Please refer to attached documents 2a - 2k.

4. My record of promotions showed I was generally a good serviceman, and so warrants an upgrade to honorable. I was an exceptional Marine and received E-4 in just over a year. I enjoyed my position and did my very best in all that I did with the exception of this one isolated incident. Please refer to attached documents 2a - 2k.

5. There were no other acts of merit, and so warrants an upgrade to honorable. I had no other punishments or offenses. Please refer to my service record

6. 1 have been a good citizen since discharge, and so warrants an upgrade to honorable. Since my discharge I have become a U. S citizen and completed training in my current profession. I am happily married with two beautiful children. I am a journeyman in the HVAC field, and am continuing my education in hopes to receive a degree in mechanical engineering. I am active in my church and community. I am a productive member of society. Please refer to attached documents 3a - 3k, 4a - 4d.

7. My ability to serve was impaired by my youth and immaturity, and so warrants an upgrade to honorable. At the time of this isolated incident I had just turned 22 and was very inexperienced. Before entering the Marine Corps (immediately out of high school) I had virtually no experience in the world, which included my experience with alcohol. I used poor judgement and basically made a tremendous mistake, which cost me what could have been a very promising career in the military. Since that time I have taken this negative experience and have turned it around for good.

8. Personal problems impaired my ability to serve, and so warrants an upgrade to honorable. Previously I had never had a problem with alcohol. A day prior to this incident I was informed by relatives that my parents were divorcing after a 30 year marriage. My mother had been a victim of domestic violence and had three children at home to care for alone. I felt useless and feared for her safety. I was unable to leave at the time and felt helpless. Unfortunately some of the guys were going out and I decided to go along. I drank too much and became intoxicated and acted foolish. This was the first and the last time. Prior to this I had no negative actions as a Marine.

9. The punishment I received was too severe, and so warrants an upgrade to honorable. I do believe in taking responsibility for one's own actions, but I feel as if this situation could have been handle better. According to my previous service record, I believe a different course of action could have avoided a premature discharge. I had no other negative marks, and I believe that we are entitled to a mistake. I hold no hard feelings, maybe only a regret of what could have been, but I do believe according to all these arguments and my records I should receive and upgrade to honorable. Please refer to attached documents 1 a - 1 h, additional examples of my service.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Document 1a - Course Completion Certificate (Combat Squad Leaders Crs) dtd 25 Nov 92
 Document 1b - USMC Course Completion Certificate (Personal Finance) dtd 9 Jul 92
 Document 1c - USMC Course Completion Certificate (Fundamentals of Marine Corps Leadership) dtd 30 Dec 92
Document 1d - USMC Certificate of Acceptance (mental, moral and physical exam) dtd 30 July 1990
 Document 1e - Certificate of Completion of Navy Alcohol and drug Safety Action Program (36 hours) dtd 22 Nov 91
 Document 1f - USMC Course Completion Certificate (Math for Marines) dtd 26 Jan 93
Document 1g - USMC Course Completion Certificate (The Marine Rifleman Combat Skills) dtd 15 Apr 92
 Document 1h - USMC Course Completion Certificate (Combat Squad Leaders Crs) dtd 25 Nov 92 (duplicate)
Documents 2a - 2b - Meritorious Mast Certificate dated 25 Sep 92.
Documents 2c - 2d - Lance Corporal Promotion Certificate dtd 1 Dec 1991
 Document 2e - Letter of Appreciation dtd 12 Dec 91
 Document 2f - Letter of Appreciation dtd 12 Nov 91
Document 2g - Letter of Appreciation dtd 17 Dec 91
 Document 2h - Certificate of Good Conduct for period 3 Oct 90 to 2 Oct 93
Document 2i - Meritorious Mast Certificate dated 24 Apr 92
Document 2j - Private First Class Promotion Certificate dtd 1 Apr 91
Document 2k - Corporal (Meritoriously) Promotion Certificate dtd 2 Mar 92
Document 3a - Course Completion Certificate (Master Commercial/Domestic Refrigeration and Air Conditioning Technician) from Brownson Technical School dtd Oct 3, 1997
Document 3b - Refrigerant Transition and Recovery Certification (Certificate of Completion) from Ferris State University dtd Apr 30, 1997
Document 3c - Character Reference letter dtd Sep 23, 1997 from W_ D. Brown, Dir, Brownson Technical School
Document 3d - Student record/transcript from Brownson Technical School dtd Oct 3, 1997
Document 3e - Certificate of Recognition (Medic First Aid Course) dtd Jun 13, 1995
Document 3f - Banking Institute Certificate of Completion
Document 3g - Outstanding Member Certificate for Participation in Bank Alumni Networking Club dtd Mar 2, 1990
Document 3h - Brownson Technical School Student Evaluation for June 97
Document 3i - Brownson Technical School Student Evaluation for July 97
Document 3j - Brownson Technical School Student Evaluation for Aug 97
Document 3k - Brownson Technical School Student Evaluation for Sept to Oct 3, 97
Document 4a - Naturalization Certificate dtd Jul 27, 1999
Document 4b - Marriage Certificate (May 11, 1996)
Document 4c - Son's Birth Certificate (Nov 10, 1994)
Document 4d - Daughter's Birth Certificate (26 Nov 96)
 Copy of DD Form 214
 25 pages from Military Service Record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                900730 - 901002  COG
Period of Service Under Review :
Date of Enlistment: 901003               Date of Discharge: 940126
Length of Service (years, months, days):

          Active: 03 03 24
          Inactive: None

 Age at Entry: 19                          Years Contracted: 4
Education Level: 12                        AFQT: 37

 Highest Rank: Cpl
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (9)                       Conduct: 4.4 (9)
Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Sharpshooter Badge, SWASM (w/1Star), SSDR (w/1Star), MM(2), MUC, CoA, LoA, NDSM, GCM
Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Alcohol Abuse Rehabilitation Failure (administrative discharge board not required), authority: MARCORSEPMAN Par. 6209.

 Chronological Listing of Significant Service Events :

930624:  Admitted to Tripler Army Medical Center: Pt is a 21 year old male who was brought to the Emergency Room for instance relating to suicidal ideation. Pt reports ongoing suicidal and homicidal ideations with plans to use a gun that a friend has. He has had threes ideations since 15 years of age "due to stuff in my family". He tried to hang himself and says that drinking exacerbates these ideations. First drink and first drunk were at age five or six years when pt became drunk on wine at wedding. Next use was after joining Marine Corps three years ago and would drink for one to two weeks at a time, every six to sever months. He gets depressed when drinking and has exacerbations of suicidal ideations. Withdrawal symptoms characterized by headaches and chills, no seizures or delirium tremens. Drinks 40 to 80 oz of beach and/or Bacardi or gin straight every night during the times that he drinks. No prior DUI or legal problems, no relationship problems. He denies drug use now, but tried LSD once when he first joined the Marine Corps. Pt admitted to the Inpatient Psychiatric Ward and was subsequently transferred to TRI-SARF.

930702:  Admitted Triservice Alcoholism Recovery Facility (TRISARF) for six week program. Pt. referred with a history of abusive use of alcohol progressing to dependence.
Prognosis: As long as he follows the aftercare plan below, his prognosis is poor to fair for recovery. Continued participation in AA, and consistent contact/counsel with his sponsor si strongly and critically advised.
Aftercare Recommendation:
a. Convene rehab support/team meeting during first week after discharge to schedule aftercare group.
b. 90 AA meetings in 90 days, minimum of 3 per week thereafter.
c. Antabuse therapy.
d. Return to Big Step ceremonies on Fridays twice a month.
e. Abstain from any further use of alcoholic beverages or any other mood altering chemicals.
f. Attend stress management and anger management workshop.
g. Continue individual therapy with therapist knowledgeable in family systems addiction.
h. Upon successful completion of 90 meetings in 90 days, return to Trisarf to participate in big step ceremony.
 Diagnosis On Discharge: AXIS I: Alcohol Dependence, AXIS II: Deferred, AXIS III: None.
930804:  Counseled concerning alcohol related incident, specifically alcohol abuse caused applicant to have suicide ideation. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
930813:  Discharged from the Triservice Alcoholism Recovery Facility (TRISARF). Final Diagnosis: Alcohol Dependence
930913:  DAAR: Medical eval, alcohol abuse, dependent, recommendation Level III treatment. Date of incident - Jul 24, 1993.

 930914:  Counseled for deficiencies (lack of judgement and responsibility for failing to attend the after care program assigned to you after attending Level III treatment). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

931129:  Applicant briefed on his VA benefits as they pertain to alcohol treatment.

931220:  Applicant notified of intended recommendation for discharge with a general under honorable conditions by reason of alcohol rehabilitation failure.
931220:  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.
9312200:         Commanding officer recommended discharge under honorable conditions (general) by reason of alcohol rehabilitation failure. The factual basis for this recommendation was applicant's failure of Level III alcohol rehabilitation treatment.
940106:  GCMCA [CG, 1 ST MAR EXP BRIGADE] directed the applicant's discharge with a general under other than honorable conditions by reason alcohol rehabilitation failure.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 940126 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).
Issues 1, 9. The Board found the applicant did not complete required alcohol rehabilitation by reason of his failure to complete the aftercare requirements, which was a documented requirement of his alcohol rehabilitation program. This requirement was known by the applicant as evidenced by the administrative counseling form signed by the applicant on 930804. The applicant states his discharge is too severe. 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. An upgrade to honorable would be inappropriate. It must be noted that most Marines serve honorably and well and therefore earn honorable discharges. In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. While the NDRB respects the fact that the applicant tried, his service is equitably characterized as being performed under honorable conditions (general). Relief is not warranted.
Issues 2, 3, 4, 5. The receipt of commendatory awards, meritorious promotions and favorable performance and conduct evaluations during the applicant’s tour does not guarantee him 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. T he applicant’s service was marred by his failure to complete alcohol rehabilitation. The applicant’s conduct falls short of that required for an honorable characterization of service. Relief denied.
The applicant implies that a permissive doctrine exists whereby one in the military is allowed a “single misdeed”. The Board believes that the applicant is confusing this with the civilian world wherein some offenses are treated with leniency because they are a first time incident on an otherwise clear record. No such leniency exists in the military. The applicant is responsible for his actions and must accept the consequences of his misdeeds. The Board will not grant relief on the basis of these issues.
Issue 6. 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.

Issues 7, 8. The Board found that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel that his personal problems, immaturity and youth was a factor that contributed to his actions, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.
Pertinent Regulation/Law (at time of discharge)
A . The Marine Corps Separation and Retirement Manual, MCO P1900.16D, effective 890627 until 950817), 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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