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USMC | DRB | 2001_Marine | MD01-00864
Original file (MD01-00864.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD01-00864

Applicant’s Request
The application for discharge review, received 010615, 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. Subsequent to the application, the applicant obtained representation by the Disabled American Veterans.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020118. 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: GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE (no board not required), authority: MARCORSEPMAN Par. 6209.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. As the representative this service requests consideration be given to equitable relief in the form of an Honorable discharge for this FSM, but also, if a favorable determination cannot be made that the FSM be contacted and requested to furnish post-service information that may be of assistance in allowing for an upgrade of the discharge as request.

2. We ask for the Board's careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the applicant.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                980724 - 980802  COG

 Period of Service Under Review :
Date of Enlistment: 980803               Date of Discharge: 991124

 Length of Service (years, months, days):

         Active: 01 03 22
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

Education Level: 12                        AFQT: 31

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (4)                       Conduct: 4.3 (4)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksman Badge

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 :

990511:  Hospitalized at Naval Hospital, Camp Pendleton, CA: The 22 year old, single male was entered into partial hospitalization at the Naval Addictions Rehabilitation and Education Dept on 11 May 99 with a diagnosis of alcohol dependence. He had been referred by Mental Health Unit for alcohol and suicidal ideations. Pt's first involvement with alcohol occurred at a a very young age. Family history revealed alcoholism in his father. Pre-service drug history was as follows: smoked THC 1-5 times a week between age 13 and 5/98. …Maximum tolerance has been to 24 beers plus 1 gallon of liquor. Addiction related injuries/medical/psychological problems include: depression with suicidal ideations, and problems sleeping………Withdrawal symptoms from alcohol include: relief drinking, and vomiting………Pt initially appeared to be passively accepting treatment……..As the pt's time in treatment drew to a close, it was the impression of the staff that he planned to attend recovery program meetings regularly after treatment. He completed treatment.
         Discharged on 28 May 99 with diagnoses: (1) Alcohol Dependence (2) Adult Child of an Alcoholic.
         Disposition: Pt returned to duty to be placed in a formal one year recovery program. This should include command monitored attendance at a minimum of three AA meetings weekly with court card documentation and bi-weekly follow-up with his SACO.

990528:  Discharged from rehab and returned to duty.
990714:  NJP for violation of UCMJ, Article 91: willfully disobeyed an order from the Duty NCO to take his beer back into his room.
         Award: Forfeiture of $537 per month for 1 month, restriction and extra duty for 45 days, reduction to E-X. No indication of appeal in the record.

990714:  Counseled for deficiencies in performance and conduct [insubordinate conduct toward a noncommissioned officer and failure to obey an order or regulation]. Necessary corrective actions explained, sources of assistance provided.

990722:  Medical Officer's evaluation: Pt meets the criteria for Alcohol Dependence, not in remission (303.90). Recommend expeditious processing for admin separation as aftercare failure.

990802:  Counseled for deficiencies in performance and conduct [unauthorized absence from restriction check-in, failure to obey an order or regulation, intoxicated while on restriction]. Necessary corrective actions explained, sources of assistance provided.

990812:  NJP for violation of UCMJ, Article 86: fail to go at the time prescribed to check in for restriction at 1100, 31 July 99; violation of UCMJ, Article 134: broke restriction by being intoxicated.
 Awarded reduction to pay grade E-1, forfeiture of $200.00 per month for 2 months, and restriction for 30 days. Not appealed.
990915:  Applicant notified of intended recommendation for discharge with a General under honorable conditions by reason of alcohol rehabilitation failure due to failure to complete the Intensive Outpatient Treatment Program.
990922:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to a written statement and the right to obtain copies of the documents used to support the basis for the separation.

 990927:  Applicant Statement requesting retention.

 991027:  Commanding officer recommended discharge with a General (Under Honorable Conditions) by reason of failure of alcohol rehabilitation. The factual basis for this recommendation was due to member's failure to complete the Intensive Outpatient Treatment Program.

991220:  SJA review determined the case sufficient in law and fact.

991220:  GCMCA [CG, 1 st FSSG] directed the applicant's discharge with a General (Under Honorable Conditions) by reason alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 991124 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. 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. Relief denied.

Issue 2. Less than honorable discharges are warranted when 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, adverse counseling entries on other occasions, and failure to complete alcohol rehabilitation aftercare requirements. 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. Relief denied.

 The applicant 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.


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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