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USMC | DRB | 2002_Marine | MD02-00987
Original file (MD02-00987.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD02-00987

Applicant’s Request
The application for discharge review, received 020701, 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. Subsequent to the application, the Applicant obtained representation from the American Legion.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030515. 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, authority: MARCORSEPMAN Par. 6209.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. (Equity Issue) His failure to complete alcohol rehabilitation notwithstanding, this former member opines that his overall Marine Corps record supports recharacterization of his service period to honorable.

2. (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant 's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR(J)                950531 - 960514  *
         Inactive: USMCR(J)                960726 - 960730  COG
         Active: None

*No further information found in service record.

 Period of Service Under Review :
Date of Enlistment: 960731               Date of Discharge: 990615

 Length of Service (years, months, days):

         Active: 02 10 15
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 57/35

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.3 (9)                       Conduct: 3.3 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

 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 :

980129:  NJP for violation of UCMJ, Article 86:
 Specification: Absent from appointed place of duty on 2100, 980115, to wit: Field Day Formation.
Awarded forfeiture of $268.00 per month for 1 month, restriction and extra duties for 14 days. Forfeiture suspended for 6 months. Not appealed.
980203:  Applicant scheduled to attend Outpatient Treatment on 980204.

 980303:  Applicant completed the Outpatient portion of treatment for alcohol dependence and a treatment failure. Applicant release with a poor prognosis and administrative separation is recommended.
980527:  NJP for violation of UCMJ, Article 86 (1 spec):
 Specification 1: Absent from place of duty on 0730-0805, 980507, to wit: Company formation.
Awarded forfeiture of $519.00 per month for 1 month, restriction for 60 days, reduction to PFC. Forfeiture suspended for 6 months. Not appealed.
980604:  Vacate suspended forfeiture awarded at CO's NJP dated 980527.

 980612:  Counseled for deficiencies in performance and conduct. [Violation of Art 86 of the UCMJ and other alcohol related incidents, blatant disregard for Marine Corps Regulations specifically, unauthorized absence on 980115, 980116, and 980507.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
980903:  Applicant terminated from treatment because of his inability to meet minimum standards of participation, despite repeated efforts to engage him in this treatment. In addition, LCpl ( Applicant ) has been unable to personally identify alcohol as a problem in his life, but instead chooses to focus on situations and other around him to explain his position in treatment. The Applicant is considered to be a treatment failure .
980910:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence on 0545, 980727.
Violation of UCMJ, Article 134:
Specification: Wrongful overindulgence of alcoholic beverages (BAC 0.134%).
Awarded forfeiture of $463.00 per month for 2 months, restriction and extra duties for 45 days, reduction to Pvt. Not appealed.
981208:  Counseled for deficiencies in performance and conduct. [Wrongful overindulgence of alcohol (BAC 0.134%).] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
981214:  Vacate suspended forfeiture awarded at CO's NJP dated 980129.

 990505:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of alcohol rehabilitation failure.
990505:  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.

990505:  Commanding officer recommended discharge general (under honorable conditions) by reason of alcohol rehabilitation failure. The factual basis for this recommendation was repeated alcohol rehabilitation failure. After his first nonjudicial punishment (NJP) Private ( Applicant ) was screened at the Consolidated Substance Abuse Counseling Center, Marine Corps Base, Camp Butler and was diagnosed as having an alcohol abuse disorder, as evidenced by enclosure (3). He was scheduled for treatment in February 1998 and failed to successfully complete the Out-Patient portion of treatment for Alcohol Dependence in March 1998, as evidenced by enclosure (4). Following Private ( Applicant 's) third NJP he was afforded a second opportunity for treatment. In September 1998, he was terminated from treatment due to his inability to meet even the most minimum standards of participation. The Commanding Officer of the Naval Hospital recommended processing for separation as an alcohol treatment failure due to his failure to complete the residential alcohol treatment program. The medical assessment of Private ( Applicant 's) potential for productive military service was considered low, as outlined in enclosure (5). Treatment failure is grounds for mandatory administrative separation processing. Private (Applicant's) abusive drinking not only presents a danger to his own health, it has resulted in repeated incidents of misconduct and disciplinary actions. Efforts to correct his behavior have been unsuccessful. Private (Applicant's) alcohol abuse and misconduct are detrimental to good order and discipline within the command. By his continued consumption of alcohol, refusal to follow the aftercare program required by his treatment, and his pattern of misconduct Private ( Applicant ) has demonstrated that he has no potential for further military service.

990517:  SJA review determined the case sufficient in law and fact.

990520:  GCMCA [Commander, 3d Force Service Support Group] directed the Applicant's discharge general (under honorable conditions) by reason of alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 990615 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: In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable . A characterization general (under honorable conditions) is warranted when the service member’s conduct constitutes a significant departure from that expected of a Marine. The record is void of any evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. The Applicant’s service record is marred by award of non-judicial punishment (NJP) on three separate occasions for unauthorized absence and alcohol abuse. The Applicant’s summary of service clearly reflects the Applicant’s disobedience of the orders and directives that regulate good order and discipline in the Marine Corps, and demonstrated he was unsuitable for further service. An upgrade to honorable would be inappropriate. Relief denied.

 Issue 2: 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, a positive employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence that the Applicant is living an alcohol free life style, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct. At this time, the Applicant has not provided any verifiable documentation of good character and conduct to mitigate his misconduct while on active duty. Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. 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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