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USMC | DRB | 2002_Marine | MD02-00368
Original file (MD02-00368.rtf) Auto-classification: Denied


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


ex-LCpl, USMC
Docket No. MD02-00368

Applicant’s Request
The application for discharge review, received 020131, 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 021121. 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 REHABILITATION FAILURE, authority: MARCORSEPMAN Par. 6209.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted

 1. I went to AA meetings.
2. I paid $1200.00 into the Veterans Educational Assistance Program and DD 214 shows I did not.
3. I will enclose copies of all of my training awards and certificates, which I believe I was a good solider. I was also told that this on my discharge would not hurt me as I am trying to get a job as a police officer.
4. For bettering myself in employment and I was told this was only for a 6 month grace period.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Character reference dated June 6, 2001
Applicant's DD Form 214
 Certificate of Appreciation, undated
Certificate of Commendation dated June 20, 1997
MCTFS Record of Service dated June 10, 1997
Letter to Applicant from Board of Correction of Naval Records dated June 27, 2001
DD Form 149
Character reference from Applicant's girlfriend dated July 11, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR(J)                940916 - 950906  COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 950907               Date of Discharge: 990107

 Length of Service (years, months, days):
         Active: 03 04 01
          Inactive: None
Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 32
Highest Rank: LCpl

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

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM, SSDR, GCM

 Days of Unauthorized Absence: None
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/ALCOHOL REHABILITATION FAILURE, authority: MARCORSEPMAN Par. 6209.
Chronological Listing of Significant Service Events :

971021:  Applicant informed that he was eligible but not recommended for promotion to Cpl for the month of Nov 97 due to recent PFT failure and rifle range failure.

980710:  Medical entry: DX: Alcohol dependence, not in remission. Rec: 1. Expeditious processing for admin sep IAW MCO 7530, Section 1211.2.e & MCO P1900.16E, Para. 6209. 2. In the interim, or if retained, place back in aftercare.

980716:  Applicant informed that he was eligible but not recommended for promotion to Cpl for the month of Aug 98 due to substandard conduct and performance.

980917:  Applicant informed that he was eligible but not recommended for promotion to Cpl for the month of Oct 98 due to substandard conduct and performance.

980917:  Medical entry: A: 1. Alcoholism currently in remission. 2. Multiple social stressors with mild depression. No evidence of psychosis. Plan: 1 Consult family services eval. 2. Consult CSACC for possible level III Rx.

980922:  Medical entry: Depressive symptoms are increasing- suicidal thoughts increasing – isolation. Says its harder & harder to keep them away - has symptoms increasing after 2 months of no drinking; gone through Level II Tx CSACC. A/P: Axis II: Multiple social stressors, social withdrawal, depressive symptoms. Will refer to MHU, NHCP in AM. Applicant willing to contract.

980923:  Medical entry: Addendum to clinic visit yesterday, 980922, see consultation from Family Services Center, N_ W_: Follow up at NHCP Mental Health on 30Sep98 at 0930 with Dr. H_. Applicant informed, agreeable, contracts for safety.

981112:  Counseled for deficiencies in performance and conduct. [Alcohol dependence and substandard conduct and performance.]
Unreadable:      Applicant notified of intended recommendation for discharge. [Form is unreadable on the microfiche and Applicant did not provide the Board with a copy.]
981116:  Applicant advised of his rights. [Form is unreadable on the microfiche and Applicant did not provide the Board with a copy.]
981123:  Commanding Officer recommended discharge. [Form is unreadable on the microfiche and Applicant did not provide the Board with a copy.]
990107:  DD Form 214 discharged under honorable conditions (general) by reason of alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 990107 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’s attendance at AA meetings does not provide a basis for upgrading his characterization of service. Relief denied.

 Issue 2. The Board found no documentation in the Applicant’s record to support recommending a change to his DD-214 concerning his alleged contribution to VEAP.

Issue 3. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable. A characterization of service of under honorable conditions (general) 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 adverse counseling entries on four occasions. The Board found that the Applicant’s failure to complete alcohol rehabilitation and documented substandard performance and conduct renders his overall service record 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.

 Issue 4. The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested in the issue. The Board’s charter limits its review to a determination on the propriety and equity of the discharge. In the Applicant’s case the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge was proper and equitable. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity 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. Relief not warranted.
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. Representation at a personal appearance hearing is 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 “ afls14.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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