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USMC | DRB | 2001_Marine | MD01-00668
Original file (MD01-00668.rtf) Auto-classification: Denied


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



ex-PFC, USMC
Docket No. MD01-00668

Applicant’s Request
The application for discharge review, received 010416, requested that the characterization of service on the discharge be changed to Honorable. The applicant requested a documentary record discharge review. The applicant listed Veterans of Foreign Wars as his representative on the DD Form 293. On June 1, 2001 the applicant was notified that he was not eligible for a record review, that he was only eligible for a personal appearance hearing before this board in the Washington D.C Area, and applicant accepted.

Decision

A personal appearance hearing was conducted in Washington, D.C. on 011015. After a thorough review of the records, testimony, 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 and reason for 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 (Verbatim)

 1. Equity- Overall commendable proficiency and conduct marks. Was outstanding performer.

2. Equity- Stellar post service conduct.

3. Change reason for separation to Secretarial Authority. Change Characterization to Honorable.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from Applicant (3pgs)
Copy of DD Form 214
Reference Letter from E. J___
Reference Letter from J__ T___ (Substance Abuse Counselor)
Reference Letter from K___ M___, Psy.D.
Letter of Confirmation from Outpatient Substance Abuse Treatment Program.
Reference Letter from Applicant's parents
Letter of Recommendation from J__ R___
Letter confirming volunteer work
Petitions in Support (2pgs)
Copy of Court Order for Income Withholding (4pgs)
DVA claim
Military Record Request
Instruction for Completing DD Form 293
Copies from Service Record (41pgs)
Resume
Reference Letter from S_ C_ Z_ dtd 11 Oct 2001
American Red Cross Certificate: Lifeguard Training and Community First Aid and Safety
American Red Cross Certificate: Introduction to Disaster Services
American Red Cross Certificate: CPR for the Professional Rescuer
American Red Cross Certificate: Disaster Services Course, Mass Care I
Crisis Prevention Institute, Inc. Course Completion: Nonviolent Crisis Intervention
State of Hawaii, Department of Health: Tuberculosis Clearance Certificate
Meeting Muster Sheets (5 pages)
University of Hawaii Community College Class Schedule and Statement- Spring 2000
Child and Adolescent Resources for Education, Inc. waiver.
State of Hawaii Department of Health Credential Committee Determination
CARE HAWAII Inc. Substance Abuse Training and Education Certificate
VFW Letter in support of upgrade dated 20 Feb 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                890809 - 890827  COG

 Period of Service Under Review :
Date of Enlistment: 890828               Date of Discharge: 930115

 Length of Service (years, months, days):

         Active: 03 04 19
         Inactive: None

 Age at Entry: 18                          Years Contracted: 6

Education Level: 12                        AFQT: 85

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (8)                       Conduct: 4.3 (8)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SWASMw2*, SSDR, KLM

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 :

890828:  Enlisted USMC for 6 years with a waiver for pre-service drug experimentation.
910929:  NJP for violation of UCMJ, Article 121: Stole $633.00 from the United States Government by making a false travel claim.
 Awarded forfeiture of $200.00 per month for 2 months (forfeiture os $50.00 per month suspended for 2 months), restriction for 15 days, extra duties for 25 days, reduction to PFC (suspended for 2 months). Not appealed.
920116:  Counseled for deficiencies in performance and conduct. [Violation of UCMJ, Article 80: Attempt to climb the weapons training building 678. Article 95: Resisting apprehension. Article 134: Disorderly conduct and drunkenness.]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920410:  Medical evaluation by H____ L. W___, MAJ, MC Tripler Army Medical Center.
          AXIS I: Alcohol Dependence, Moderate
920410:  Assigned to Level III Alcohol Abuse In-Patient Treatment Program at Trippler Army Medical Center.

920422:  NJP for violation of UCMJ, Article 80: Attempted unlawful entry of a building aboard base; violation of UCMJ, Article 95: Resisting apprehension; violation of UCMJ, Article 134: Drunk and disorderly.
 Awarded forfeiture of $400.00 per month for 1 month, reduction to PFC. Not appealed.
920522:  Satisfactorily completed Level III Alcohol Abuse In-Patient Rehabilitation Treatment Program.

920526:  Counseled: Assigned to Level III Alcohol Abuse Aftercare Program to expire 930526.

920626:  Counseled for deficiencies in performance and conduct. [Your successful completion of Level III on 920522] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920710:  Counseled for Alcohol Abuse.

920813:  Counseled: UA for three hours, driving while on one year follow up program, and option for discharge.

920813:  Counseled for deficiencies in performance and conduct. [Continued use of alcohol while in a year aftercare program and drinking as to interfere with coming to work] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920827:  Counseled: Diagnosis as Alcohol Dependent in Relapse. Would be held accountable for his actions and the remainder of his aftercare program.

920915:  Officer in Charge recommended applicant be separated under Honorable conditions (General) based on his failure to comply with Level III Alcohol Abuse Aftercare Program.

920929:  Counseled for deficiencies in performance and conduct. [Concerning your failure to comply with your level III alcohol aftercare program and subsequent aftercare relapse. You are reminded of the importance of rigidly adhering to your aftercare program and of maintaining sobriety] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920930:  Counseled for deficiencies in performance and conduct. [Concerning your poor judgment when on or about 1436, 18 August 1992 you were apprehended for driving without insurance and an expired safety inspection.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

921028:  Applicant declared an Aftercare Treatment Failure by CO, MCAS, Kaneohe Bay and recommended for administrative separation. Stated "does not possess any potential for further military service and will bring additional discredit upon the Marine Corps if retained.

921029:  Counseled for deficiencies in performance and conduct. [Failure of Level III alcohol rehabilitation program] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

921105:  Applicant notified of intended recommendation for discharge under Honorable conditions (General) by reason of alcohol abuse rehabilitation failure.
921105:          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.

921105:  Commanding officer recommended discharge under Honorable conditions (General) by reason of alcohol abuse rehabilitation failure. The factual basis for this recommendation was the respondent's failure to complete the aftercare program.

921120:  Applicant afforded alcohol abuse treatment at a Department of Veterans Affairs Treatment Facility in conjunction with discharge but refused such treatment.

921207:  Commanding officer MAG-24 recommended applicant for discharge under Honorable conditions (General) alcohol abuse rehabilitation failure.

921214:  SJA review determined the case sufficient in law and fact.

921215:  GCMCA, Commanding General directed the applicant's discharge under Honorable conditions (General) by reason alcohol abuse rehabilitation failure.
941031:  NDRB documentary record review Docket Number MD94-00052 conducted. Determination: discharge proper and equitable; relief not warranted.



PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930115 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, testimony, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

 The applicant’s first issue states: “Equity- Overall commendable proficiency and conduct marks. Was outstanding performer.” The Board disagrees. The record shows the applicant was found guilty at NJP on two separate occasions of committing serious military offenses. Additionally, the applicant received in patient treatment for his alcohol abuse and failed to maintain abstinence from alcohol despite repeated counseling. While the applicant received favorable proficiency and conduct marks they must be considered with his entire service record. Clearly the negative aspects of the applicant’s service outweigh his positive contributions and the discharge of Under Honorable Conditions (General) equitably characterizes the applicant’s service. Relief is not warranted.

The applicant’s second issue states: “Equity- Stellar post service conduct.” The Board carefully reviewed the applicant’s post service documentation and testimony and found the applicant did not demonstrate the positive characteristics required to upgrade the discharge on an equity basis. The applicant stated that he only became clean and sober in June 1998. Additionally, he stated he had been arrested for possession of a crack cocaine pipe. The applicant appears to be making progress since his arrest in June 1998, but does not demonstrate that the discharge was inequitably assigned. Relief is not warranted.

The applicant’s third issue states: “Change reason for separation to Secretarial Authority. Change Characterization to Honorable.” The NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted. The summary of service clearly documents that alcohol abuse rehabilitation failure was the reason the applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Narrative Reason Separation would be inappropriate. The Board reviewed the applicant’s service record and post service and found no impropriety or inequity in the Under Honorable Conditions (General) discharge. Relief is not warranted.

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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