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USMC | DRB | 2002_Marine | MD02-00565
Original file (MD02-00565.rtf) Auto-classification: Denied


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


ex-LCpl, USMC
Docket No. MD02-00565

Applicant’s Request
The application for discharge review, received 020319, requested that the reason for the discharge be changed to "end of contract." The Applicant requested a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021217. 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 narrative reason of the discharge shall not change. The discharge shall remain: HONORABLE/Alcohol Abuse Rehabilitation Failure (administrative discharge board not required), authority: MARCORSEPMAN Par. 6209.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted
1. I would like to clear my records, and have my RE-4 code changed.

 I understand this has taken me quite a while to send, but my DD 214 form the (long) form is completely unsat
 Block 23 should read: end of current contract
 Block 26 is wrong
Block 27 should change because
 Block 28 is completely false and outrageous.
 If these are fixed I would require a new DD 214 and will see about reenlistment or reserves, now that we are at war again.
 At your disposal sirs, (Signed by Applicant).
2. I would like to clear my records. Yes I have an "Honorable" discharge, however this paper says to other official agencys that I did not complete my four year tour. This DD214 has me down as "only" serving 3 years 11 months and 22 days. Block 16 (days accrued leave paid) is marked "Due" that’s because I sold back 60 days of full leave for approx $2600.00.
I have not had copies entered at my hometown courthouse because of how incorrect and flat out embarrassing (block 28 the Narrative Reason for Separation) looks. I have never been asked by an employer to see my DD 214 (Thank God) but that my happened as I grow older and advance.
This DD214 is the most derogatory Honorable Discharge I've ever seen (I've seen quite a few).
Please reconsider this request, most respectfully, former hard charging harrier mech. (Signed by 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)
 BCNR letter of June 19, 2001 to the Applicant
Applicant's BCNR application (DD Form 149)
 Capt B.T. P_, Senior Defense Counsel, letter of rebuttal dtd 21 Oct 92
 North Carolina Uniform Citation

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                880518 - 881121  COG
Period of Service Under Review :
Date of Enlistment:     881122   Date of Discharge: 921104
Length of Service (years, months, days):

          Active: 03 11 13
          Inactive: None

 Age at Entry: 21                          Years Contracted: 4

Education Level: 12                        AFQT: 85

 Highest Rank: LCpl
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (11)             Conduct: 4.0 (11)
Military Decorations: None

 Unit/Campaign/Service Awards: LoA, SSDR, NDSM, SWASM, KLM, NUC

Days of Unauthorized Absence: None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

HONORABLE/Alcohol Abuse Rehabilitation Failure (administrative discharge board not required), authority: MARCORSEPMAN Par. 6209.
Chronological Listing of Significant Service Events :

890821:  Counseled for deficiencies in performance and conduct [failure to go to appointed place of duty at the time prescribed and disobedience of a lawful order]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

890928:  NJP for violation of UCMJ, Article 86: failure to go at the time prescribed to his appointed place of duty at 2145 on 890831.
 Awarded forfeiture of $150.00 per month for 1 month (suspended for 6 mos), restriction for 45 days, reduction to pay grade E-2 (suspended for 6 mos). Not appealed.
891027:  Suspension of NJP imposed and suspended on 890928 for 6 months vacated and punishment ordered executed on 891019.
900315:  Counseled for deficiencies in performance and conduct [alcohol-related incident - apprehended by Military Police at 2320 on 900314 for suspected driving while intoxicated, refused to take a Breath Sample Test]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900413:  Counseled for deficiencies in performance and conduct [alcohol-related incident - driving privileges aboard MCAS Cherry Point revoked for the period between 12 Apr 90 to 13 Oct 91 - this revocation was result of apprehension by PMO aboard MCAS Cherry Pt, NC for suspected DWI on 900314 and Applicant’s refusal to take the Breath Sample Test during that apprehension]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900523:  Counseled for deficiencies in performance and conduct [displayed poor judgment by failing to return to work after attending the station Safe Driving brief, and by disregarding the instructions of fellow Marines to return as directed]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

900530:  Counseled for deficiencies in performance and conduct [displayed an uncooperative and disruptive attitude in the work place, have exercised disrespect towards the NCOIC and authority in general, overall attitude brings discredit to himself and the command]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

910909:  Counseled for deficiencies in performance and conduct [alcohol-related incident, specifically drunk and disorderly conduct with a BAC of .23]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

911113:  NJP for violation of UCMJ, Article 134: wrongfully and willfully impersonate a Non-Commissioned Officer by publicly wearing the uniform and insignia of rank of a Corporal with intent to defraud the ASU club system by gaining admittance to the NCO club; violation of UCMJ, Article 90: disobedience of a lawful order given by LtCol H_, not to consume alcohol in Bahrain.
         Award: Forfeiture of $405 pay per month for 1 month, extra duty for 45 days, reduction to E-2. Not appealed.

 920207:  Command referral for inpatient alcohol rehabilitation treatment (Level III).
920306:  Successful completion of inpatient alcohol rehabilitation treatment. Discharge diagnosis: Alcohol dependence in remission.
920526:  Counseled for deficiencies in performance and conduct [lack of professionalism and judgment reflected by leaving a vulgar and inflammatory hand written note on a vehicle in the Squadron parking lot which had blocked him in]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920806:  Counseled for deficiencies in performance and conduct [alcohol related incident, DWI on 920704 and refusal of Breath Sample Test]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920819:  Medical Officer (SACC): This 24 year old single, Caucasian male LCpl, was seen in consultation of J_ G. C_, MCAS Cherry Point Substance Abuse Counseling Center on 920807. Pt was referred to counseling center as a result of command concern due to DWI on 920704 and continued alcohol related problems after Level III treatment. Alcohol dependence was confirmed at ARD Camp Lejeune where he successfully completed Level III treatment on 920306. Since completing Level III treatment, pt has not attended any of his required aftercare sessions at this SACC…
          Diagnostic Impression: Alcohol Dependence, Full Relapse (303.90 DSM III.R)
          Recommendations: VA Treatment after discharge.
         Physician's Recommendation: VA treatment. It would be appropriate to allow LCpl to stay in service until regular tour ends. He agrees not to consume alcohol and go to aftercare.
920923:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of alcohol rehabilitation failure and misconduct due to a pattern of misconduct.
920923:  Applicant advised of 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 and the right to submit a statement.
920923:  Commanding Officer recommended discharge under honorable conditions (general) by reason of alcohol rehabilitation failure and misconduct due to a pattern of misconduct. The factual basis for this recommendation was discreditable involvement with authorities during this enlistment as evidenced by two nonjudicial punishments, multiple apprehensions and arrests and other adverse entries contained on page 11 of service record.

920928:  Applicant's rebuttal to proposed administrative discharge and justification for retention until end of tour.
921021:  Senior Defense Counsel's additional submissions in rebuttal to the proposed administrative discharge action of Applicant.

 921028:  SJA review determined the case sufficient in law and fact. Advised Commanding General that should the separation be suspended or disapproved, characterization of service upon separation will be "as warranted by the service record."

921029:  GCMCA [CG, 2d MAW, FMF] directed the Applicant's honorable discharge by reason of alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was honorably discharged on 921104 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).
Issues 1 and 2. The Applicant did not complete his enlistment. The Applicant’s leave adjustments did not change his EAS to an earlier date. There is no justification for the Applicant’s request to change his DD-Form 214 to reflect end of active service. Alcohol abuse rehabilitation failure is the narrative reason that most clearly describes the circumstances surrounding the Applicant’s processing for involuntary administrative separation. A change would be inappropriate. 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 inequity must have existed during the period of enlistment in question. No such error or inequity is evident 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 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 “ 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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