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USMC | DRB | 2001_Marine | MD01-00627
Original file (MD01-00627.rtf) Auto-classification: Denied


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


ex-LCpl, USMC
Docket No. MD01-00627

Applicant’s Request
The application for discharge review, received 010404, 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 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. To Whom It May Concern

 I am submitting this letter and a copy of my DD Form 214 in an effort to have my discharge upgraded from a General Under Honorable to an Honorable. I have under the impression that I was entitled to the G.I. Bill, I was told my current discharge was not good enough. As stated, on my DD 214, I was discharged from the Marines for a Level 3 Alcohol Rehabilitation Failure. I feel my current discharge is unjust in the fact that I served 3 years, 8 months without any office hours, NJP, no written warnings, or punishment of any sort. I received the good conduct medal for 3 years of service without incident. Also, I carried average to above average proficiency and conduct marks while serving. I received a NUC, SWA w/2 Bronze Stars, Kuwait Liberation Medal, and a Secretary of the Navy Letter of Commendation. I believe that my 3 yrs of service without incident far outweighs the small amount of trouble, I got into towards the end of my enlistment. Thank you.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
 Copy of letter of appreciation dated July 6, 1992
 Copy of Certificate of Good Conduct dated July 11, 1992
Statement from applicant

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                880815 - 890710  COG
Period of Service Under Review :
Date of Enlistment: 890711               Date of Discharge: 930304

 Length of Service (years, months, days):
         Active: 03 07 24
         Inactive: None
Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 60
Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.5 (11)             Conduct: 4.4 (11)

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM, SSDR, Letter of Appreciation, GCM, NUC, SASM with two bronze stars, KLM, Letter of Commendation
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 :

921005:  Applicant diagnosed as alcohol dependent.
921027:  Counseled for deficiencies in performance and conduct. [Alcohol related incident, specifically, drunk and disorderly on 920926 while TAD to 29 Palms, CA]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
921119:  Applicant admitted to Naval Hospital Alcohol Treatment Unit.
921214:  Applicant discharged from Naval Hospital Alcohol Treatment Unit. Discharge diagnosis: alcohol dependence. Applicant admitted to ward M-2 then transferred to L-2 on 921218.

 921223:  Medical evaluation by physician:
         AXIS I: Alcohol dependence
        
         AXIS II: Personality disorder not otherwise specified with antisocial and narcissistic features

930106:  Applicant declined VA Drug and Alcohol Rehabilitation Program.
930208:  GCMCA [Commanding General, 3d Marine Aircraft Wing] directed the applicant's discharge under honorable conditions (general) by reason alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930304 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).
The receipt of commendatory awards 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. The discharge was proper and equitable. Relief denied.
Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice is evident from the service records available during the applicant’s enlistment. 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 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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