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USMC | DRB | 2001_Marine | MD01-00812
Original file (MD01-00812.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD01-00812

Applicant’s Request
The application for discharge review, received 010529, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to medical condition existing before service. 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 011218. 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 and narrative reason of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE (board required but waived), authority: MARCORSEPMAN Par. 6209.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My present discharge reads General Under Honorable Conditions (Alcohol Rehab Failure). I was sent to a rehab facility while still in, it was a twelve week program but I was sent back after only two weeks. I went back to my normal duties and stayed sober for 4 months. I slipped up one night and let my friends take me out for my bachelor party. Somebody told my command I drank there and I fest up to have had some drinks. I let myself, my family my service and everyone who helped me get sober the first time down. I have now been sober since that night with the help of my wife and family. I have learned from AA my relapse is part of the healing process and should not been grounds to give me the boot. The Marine Corp was my dream I'd go back tomorrow if I could. I accept I can't, I don't want to be embarrassed to tell people what kind of discharge I have and I'd like to get it changed to Honorable (medical condition existing, prior to service). I've overcome alcohol it hasn't been easy there are jobs I can't even go to school for because when I get to the job they will want to see my DD 214. Please help Thank you.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                980727 - 980921  COG

 Period of Service Under Review :
Date of Enlistment: 980922               Date of Discharge: 000926

 Length of Service (years, months, days):

         Active: 02 00 05
         Inactive: None

 Age at Entry: 18                          Years Contracted: 5

 Education Level: 12                        AFQT: 63

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (5)                       Conduct: 4.1 (5)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 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 :

990618:  Counseled for deficiencies in performance and conduct. [Multiple alcohol related incidents]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
991101:  Counseled for deficiencies in performance and conduct. [Unauthorized absence from your SACO appointment at 1400 on 1Nov99]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000216:  NJP for violation of UCMJ, Article 92:
 Specification: Failure to obey an order or regulation, in that you did not sign out of the DNCO liberty log.
Violation of UCMJ, Article 109:
Specification: Destroy or damage non-military property and was detained by local law enforcement.
Violation of UCMJ, Article 134:
Specification: Bring discredit upon the armed forces
Awarded forfeiture of $273.00, restriction for 14 days. Forfeiture and restriction suspended for 6 months. Not appealed.
000229:  NJP for violation of UCMJ, Article 92:
 Specification: Failure to obey an order or regulation, in that you violated the Company out-of-bounds liberty limits by attending Mardi Gras festivities in New Orleans without proper authority.
Violation of UCMJ, Article 86:
Specification: Unauthorized absence from appointed place of duty.
Violation of UCMJ, Article 134 (2 specs):
Specification 1: False or unauthorized pass or identification in that you used a fake ID for the purpose of obtaining alcohol while being underage.
Specification 2: Bring discredit to armed forces.
Awarded forfeiture of $263.00, restriction for 14 days, reduction to Pvt. Not appealed.
000510:  Applicant's continuing care program was terminated due to noncompliance of program requirements.
000727:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of alcohol rehabilitation failure.
000727:  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.

000814:  Commanding officer recommended discharge general (under honorable conditions) by reason of alcohol rehabilitation failure. The factual basis for this recommendation was your failure to participate in, or cooperate in you own recovery.

000915:  SJA review determined the case sufficient in law and fact.

000915:  GCMCA [Commander, Marine Corps Air Base, Eastern Area] directed the applicant's discharge general (under honorable conditions) by reason alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 010529 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. On 000510 the applicant's continuing care program for alcohol rehabilitation
 was terminated due to noncompliance of program requirements. The applicant’s failure to complete this program initiated his subsequent discharge proceedings. No other narrative reason for separation more clearly describes why the applicant was administratively separated. 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 award of nonjudicial punishment (NJP) for offenses triable by court-martial on two occasions and adverse counseling entries on other occasions. The applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives which regulate good order and discipline in naval service, and falls short of that required for an honorable characterization of service. 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. Relief denied.

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. 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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