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USMC | DRB | 2002_Marine | MD02-01311
Original file (MD02-01311.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD02-01311

Applicant’s Request
The application for discharge review, received 020910, 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 030722. 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. To whom it may concern:

I am writing this letter in regards to my administrative separation from the United States Marine Core. I first joined the core back in October 7, 1998. I decided to join the core because I told my family, friends, and myself that I need to go and do something that I can feel proud of, and develop a sense of accomplishment in my life. I also felt it would be good for me as a building block, and to build strong discipline and responsibility. I figured if I joined I was going to the best of the best, the few, the proud, so I joined the Marines. In boot camp, I learned many values and acquired lots of knowledge on the history and the importance of the United States Marine Core. I was very eager and enthusiastic about becoming one of the few and one of the proud. I came out of boot camp in tiptop condition and felt as if I could now accomplish anything that stood in my way. As you will see I was wrong. When I graduated from school of infantry in Jacksonville N.C, I was assigned and given orders to go new unit, which I was to spend the rest of my enlistment with. I met some good COM adamants and I met some not so good, that now I wish I stayed away from. I can only blame myself for what I got into though. I started going out to the bars and getting drunk with my friends after work or after a long field operation. More often enough you hear about Jacksonville N.C "all there is to do is drink and get tattoos," I should have ignored it all and found other ways to occupy my time. In the long run it caught up with me. I went to my platoon Sgt. and requested that I get into an alcohol rehab unit before matters get any worse. I went to an intensive outpatient program in Camp Lejune. After rehab all was well and our unit deployed to Okinawa Japan, needless to say I started up again and attended rehab again. Finally, this disease led to my separation from the United States Marine Core. At my last screening I went to for rehab, they were going to send me to the same one and I disagreed with that because I felt I needed something more intense to work for me. I wanted help I did not want out of the Marine Core after all the hard work and effort I had put in with all my heart. There was nothing I could do or my Company could do to keep me in.
Even while all this was going on I was a good marine and always did my job as I was suppose to and kept a perfect personal fitness test my whole time in, never fell out of a run or a hump, I always tried to stay one step ahead of the best man out there. I had to because of what was going on with me. I just had to fight that much harder than everyone else so I didn't get labeled as a bad Marine. I attended various schools such as marine core instructor of water survival; close combat instruction, and a few others. I was extremely let down when I found out that I could not finish my full duty and till this day still think about it everyday as I didn't finish something I started.
They discharged me with a General under honorable conditions December 7. I know this is not the worst discharge to get out with, but with all effort and trying to help myself and make myself better and fought all the way through It would benefit me to have it upgraded to an honorable, and hopefully with this and my lessons learned I could take my skills and knowledge from the core and put it into good use. Following the Christmas holidays, I volunteered to attend and in-depth evaluation and treatment at the VA facility in Bedford MA. I was able to put many things into perspective and truly come to peace with my issues and myself. I walked out of there a new man and I need to continue on this path to restart my life. One area I am looking at is joining the Coast Guard and show myself I know I can do this and not let myself down. This will also make me feel that I didn't let the government down, I want to put all my skills and strengths to a good use and truly believe I would be a great asset and recruitment for this position. I also intend to continue my education and would look toward the GI bill for assistance. With all these things considered, I would respectfully request that my General Discharge under honorable conditions be upgraded to an Honorably Discharge so that I may avail myself of all the benefits associated with the that honor.

Thank you for listening and your understanding.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214
Letter from Department of Veterans Affairs, dated April 25, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR(J)                981028 - 981228  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 981229               Date of Discharge: 011207

 Length of Service (years, months, days):

         Active: 02 11 09
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 32

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                          Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

 Days of Unauthorized Absence: 18

*No Marks Found in the service record.

 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 :

990917:  NJP for violation of UCMJ, Article 86:
 Specification: Absent from unit 0700, 990907 until 0630, 990915 (8 days/surrendered).
Awarded forfeiture of $251.00 per month for 1 month, restriction and extra duties for 15 days. Not appealed.
000103:  NJP for violation of UCMJ, Article 86 (2 specs):
 Specification 1: Absent from appointed place of duty on 0700, 991118, to wit: Alcohol Treatment Facility.
Specification 2: Absent from appointed place of duty on 0700, 991130 until 2100, 991205.
Violation of UCMJ, Article 92:
Specification: Failure to obey lawful order issued by SSgt, to wit: to attend ATF appointments on 0900, 991120.
Awarded extra duty for 30 days, reduction to Pvt. Not appealed.
001218:  Counseled for deficiencies in performance and conduct. [Lack of judgment concerning the storage of live ammunition in the barracks. During the Co Cmdr's health and comfort inspection on 001216, the platoon commander discovered (24) 5.56 ball rounds in Applicant's barracks room. Applicant stated that he mistakenly transported the ammunition off the rifle range 2 days prior. Applicant stated that he did not see the ammunition during the line out performed at the range, because the ammunition was in his day pack sitting off to the side. Applicant stated that he did not discover the ammunition until the following night. His lack of sound judgment in not reporting/properly disposing of live ammunition and allowing the ammunition to be stored in the barracks room for approximately 24 hours shows a lack of maturity and is totally inexcusable.) Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010222:  Applicant evaluated and found to be alcohol dependent.

 010314:  Counseled for deficiencies in performance and conduct. [Not being at the point of place and time designated on 010205 and 010212. Making an unauthorized transaction out of Cpl M_'s ATM account, by taking $20.00 out. Being drunk on duty on 010202 at 0900 with a breathalyzer of .08. Failing out of ATF by drinking when ordered not to by the battalion SACO, SSgt C_.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010410:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of alcohol rehabilitation failure.
010410:  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.

010410:  Commanding Officer recommended discharge general (under honorable conditions) by reason of alcohol rehabilitation failure. The factual basis for this recommendation was Alcohol Treatment Facility Substance Abuse Evaluation Report in which separation from the Marine Corps is recommended by the Clinical Director.

010824:  SJA review determined the case sufficient in law and fact.

010918:  Counseled for deficiencies in performance and conduct. [On or about 0700, 010716 Applicant was not at his point of place or time, at HP-213 Company formation. He remained UA until he was put in a deserter status upon his return on 0630 010906.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
011129:  GCMCA [Commanding General, 2d Marine Division, II Marine Expeditionary Force] directed the Applicant's discharge under other than honorable conditions by reason of alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 011207 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. 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 award of nonjudicial punishment (NJP) on two occasions and adverse counseling entries on other occasions. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls 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. In addition, the Veterans Administration determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. 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 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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