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USMC | DRB | 2001_Marine | MD01-00846
Original file (MD01-00846.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD01-00846

Applicant’s Request
The application for discharge review, received 010604, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to [left blank]. 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: 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. Dear Board Members,

In a little over three years of service, I achieved many things that were keeping with the highest traditions of the United States Marine Corp. I graduated first in my class in every school that I attended in the Marine Corp. I reached the rank Corporal in two and a half years with all promotions being meritoriously. Along the way I volunteered my time to many special events, and received many honors including a Navy Achievement Medal which my record shows. What my records does not show is how hard I worked, and why I received these honors, enclosed are some of my honors and achievements.
All the honors that I have received does not change the wrong decisions that I made while I was a Marine. On 92021 1, I did commit an assault while under the influence of alcohol, as a result of this one incident I was sent to see a substance abuse counselor who recommended me to level two and three alcohol treatment. One of the requirements of level two is to attend three AA meetings, these meetings were not held on my base, but on Kadena AFB. So, on 920317 needing to attend my last AA meeting to pass level two, and not being able to find a ride that night, I made another bad decision by driving my car with my driving privileges being suspended. But these violations are not the reason why I was discharged, on my DD 214 it states alcohol abuse rehabilitation failure resulting in an administration discharge of general under honorable conditions. I did not fail any alcohol treatment, I refused level three alcohol treatment because after passing level two, I felt that I was not an alcoholic, and I should have been reevaluated before being ordered to attend level three for the same incident, and I still fell this way today. If I have a major alcohol dependency problem like the substance abuse counselor that recommend me to level two and three for the same violation, believe that I have. There would be a civilian records after my discharge, which after nine year there is not. To prove that I have not had a DUI or been arrest for any alcohol related incident, I submitted my driving record and ask you to run my name for any arrest record. As a young Marine, I made a few wrong decisions that are still effecting my life today. My desire is for the board to review my service records, and the other document that I'm submitting, and find that I was a good Marine, and deserve my discharge to be change to Honorable, and for the reason of discharge to be change as will, so that the label of Alcoholic does not follow me for the rest of my life. Today, I'm the owner of two businesses and credit the United States Marine Corp with instilling the professionalism, initiative, and dedication it takes to run these businesses. Thank you, Semper Fidelis


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of applicant's driving record
Copy of Navy Achievement Medal citation
Copy of meritorious mast dated April 10, 1992
Copy of meritorious mast dated July 17, 1991
Copy of meritorious mast dated December 18, 1989
Copy of meritorious mast dated March 22, 1990
Copy of letter of appreciation dated May 19, 1992
Copy of letter of appreciation dated June 5, 1992
Copy of certificate of completion of drug and alcohol Level II outpatient program dated March 27, 1992
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                880608 - 890604  COG

 Period of Service Under Review :
Date of Enlistment: 890605               Date of Discharge: 920814

 Length of Service (years, months, days):

         Active: 03 02 10
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 63

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.6 (12)             Conduct: 4.4 (12)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM, MM (2), Certificate of Appreciation, SSDR with 1 Star, Letter of Appreciation, MUC (2), NAM

 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 :

920220:  Medical evaluation by medical officer:
         AXIS I: Alcohol abuse/dependent.
920303:  NJP for violation of UCMJ, Article 128:
 Specification: Assault GySgt by striking him in the face on 2330, 11Feb92.
Violation of UCMJ, Article 134:
Specification: Drunk and disorderly on 2330, 11Feb92.
Awarded forfeiture of $239.00 per month for 1 month, restriction for 14 days. Not appealed.
920327:  Applicant completed Level II treatment.

920409:  NJP for violation of UCMJ, Article 92 (2 specs):
 Specification 1: Operate a motor vehicle while driving privileges were suspended on 1800, 17Mar92.
Specification 2: Willfully disobeyed MCBJO P11240.1A by driving a vehicle without a license on 1800, 17Mar92.
Awarded forfeiture of $482.00 per month for 2 months, restriction for 60 days, reduction to LCpl. Forfeiture suspended for 2 months. Not appealed.
920416:  Counseled for deficiencies in performance and conduct. [Minor military infractions]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920615:  Applicant given orders to alcohol rehabilitation for a period in excess of 30 days.
920615:  Applicant admitted to ARD, refused treatment. Applicant released against medical advice.

920626:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of alcohol rehabilitation failure.

920630:  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.

920701:  Commanding officer recommended discharge under honorable conditions (general) by reason of alcohol rehabilitation failure. The factual basis for this recommendation was alcohol rehabilitation failure due to his refusal to participate in the Level III treatment program.

920724:  Deputy SJA review determined the case sufficient in law and fact.

920730:  GCMCA [Commanding General, 3d Force Service Support Group] 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 920814 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).

Issue 1. The applicant was discharged for his refusal to complete the Level III Treatment program for alcohol dependency. His refusal constituted failure to complete the prescribed alcohol rehabilitation program. No other narrative reason for separation more clearly describes the conditions surrounding his discharge. Relief is therefore denied.

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. T he applicant’s service was marred by award of nonjudicial punishment (NJP) for offenses triable by court-martial on two occasions and an adverse counseling entry on another occasion. 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.
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 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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