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USMC | DRB | 2003_Marine | MD03-00179
Original file (MD03-00179.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD03-00179

Applicant’s Request
The application for discharge review, received 20021106, 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 20031017. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.3.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 “1. To Whom It May Concern:
 The following letter contains statements and issues in regards to an application for an upgrade on my military discharge. My name is (Applicant). I served actively in the United States Marine Corps from December 2, 1997 to August 15, 2001. Within those times, I had several discipline actions taken against me by my commands. All actions were the results of alcohol related incidents whether annotated or not. While I was in, I was starting to realize that I had a problem with alcohol but continued to struggle with sobriety. My family has a history of alcoholism within its lineage. In October of 1998 I went home on emergency leave to find my grandfather succumb to years of drinking. While I was in, I always found it difficult not to drink. It seemed only further acerbated when I went to Okinawa, October 31, 2000.
I arrived on island with already three NJP's and a new command with knowledge of my past. While some of my superiors were supportive of my drinking problem, most were not. It always seemed like I was on the verge of being in the hot seat again. In February of 2001, I went home again on emergency leave after receiving a Red Cross message that my Grandmother was dying from complications of cirrhosis. Soon after returning back to Okinawa, I admitted myself to an alcohol program in April of 2001. While I attended this program, I often felt it wasn't adequate, effective or supportive of my efforts to be sober. I could relate to some of things being said but for the most part it felt like a romper room. Some of the patients I was in with were still consuming alcohol and treating the program like it was an extended vacation. I found this discouraging to say the least. The instructors got after me for not taking the journal aspect of their classes serious. They required that you write down whatever your thoughts and feelings were, regardless if it was relative to being an alcoholic. I found this to be very counterproductive and did not adhere to this part of the program.
One requirement of this program I found to be somewhat helpful, was that I attend three AA meetings a week. I was taken aback while going to one of these meetings to see someone of high rank attending one of these meetings with his wife and kids. I've always respected this individual who has supported me and urged me to submit this request. He is still active in the Marine Corps and has offered to write a statement on my behalf. While not adhering to the daily journal requirements, I failed this treatment program. This is where my time in Okinawa drastically started to get worse. My command had started the preliminary proceedings to administratively separate me. I was very depressed at this time. I implored my superiors to at least let me finish my enlistment. None of my platoon commanders would entertain this request except for my company commander Major G_. He said he would allow me to stay in for the reminder of my time provided I didn't get into any trouble or drink. After saying this, later that day I received three forms of dire news. I found out an uncle of mine had died young of alcoholism, a dear friend had died of heroin overdose (unknowing that he abused the drug) and that my ex-girlfriend who I broke up while in treatment had tested positive for genital herpes. To say the least I had a lot on my mind and mentioned it to only one of my superiors. It was the one who had gone to AA meetings. That night I got into it with an NCO after having consumed alcohol. The incident stemmed from a Marine that was having chest pains down the bowling alley where I was drinking. The NCO wasn't listening to what I was telling and berating and using his authority improperly. With all said and down, I was seeing my company commander for the second time in two days. He let me have it and told me I was out.
 Upon hearing this, I asked to go to medical. The first thing I did was get a VD exam. The results would take a couple weeks. Then I asked to see a chaplain. I told him all the things that were bothering me. He was a good listener and we prayed but I still left the chapel with a feeling that no matter how nice he made things sound, I was still in a very bad situation. I briefly spoke to my family about my situation. They told me to keep attending AA meetings. Which I did and my command had no problems with. I found out luckily I didn't have any VDS after the medical tests came back but I did ask to speak with a psychiatrist because I wasn't feeling too good about myself and had a few relapses with sobriety. One being another alcohol related incident after braking restriction from the NCO incident I mentioned earlier. This is what motivated my command to not only get me out of the Marine Corp as an alcohol treatment failure but to include the characterization of pattern of misconduct. It seemed excessive given the fact I was already being processed for an administrative separation and that all of my incidents were alcohol related. I feel had the process been conducted expediently and the extenuating circumstances I was going through taken into account, wouldn't have produced the two NJPs I received while stationed in Okinawa. I was having the most difficult time in my life.
 I can honestly say that I've never regretted being a Marine. But I do regret that I didn't address or recognize the signs of alcoholism and the results it would bring. Hindsight is a hundred percent and I took at the time I was in the Marine Corps as an important life experience. Upon being discharged, I still struggled with alcohol for several weeks. Then I can to the profound realization that I can never drink. What has kept me sober since has been a strong network of support from family and friends, and a constant effort to attend AA meetings. My life has greatly improved but still isn't where I want to be. It's a day to day thing. I just want to say that I'm not bitter, that I think there are young Marines who might be going through similar experiences as I have and that having an honorable discharge is all I've ever wanted to accomplish. Please take this request into serious consideration. I thank you for time and energy. I can assure you it has been well spent.
Respectfully, (Signed, F_ J. P_)”
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):
         Active: None
         Inactive: USMCR (J)               970529 - 971202  COG

 Period of Service Under Review :
Date of Enlistment: 971203               Date of Discharge: 010815

 Length of Service (years, months, days):

         Active: 03 08 13
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 84

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF                           Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, MM

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

010118:  USNH Camp Lester Okinawa, Alcohol Rehabilitation Department (ARD): Initial screening. Referred by his command for an ARI on 24 Dec 00. Applicant revealed this was his third ARI.
010206:  USNH Camp Lester Okinawa, Alcohol Rehabilitation Department (ARD): Substance abuse assessment. Developed individualized treatment plan: abstain from all alcoholic beverages, attend two or more AA meeting per week and maintain a meeting log, abstain from all places where alcohol is the primary beverage of choice, maintain weekly contact with SACO.

010227:  USNH Camp Lester Okinawa, Alcohol Rehabilitation Department (ARD): Called from CONUS. On emergency leave due to grandmother becoming ill. Not able to remain sober and has been drinking for the past several days.

010320:  MCB Butler SACC (Daily Alcohol Treatment Note): 8 th treatment day. Patient is not fulfilling the requirements of treatment.

010323:  MCB Butler SACC (Daily Alcohol Treatment Note): 12 th treatment day. Patient informed that he is still on probation and should complete all assignments as required. Patient is aware that should he fail to adhere to the probation requirements he will be discharged from treatment as a treatment failure.

010608:  Division Psychiatry File (Intake Notes): He reports positive history of stress including, accidental overdose death of a friend approximately eight days ago, both grandparents in poor health, poor military career including 4 NJPs in last 3 years 6 months and “I am a problem drinker.”

010705:  Division Psychiatry File (SF 600): Last seen 12 Jun 01. Strong desire to get out of the Marine Corps, is awaiting administrative separation for alcohol rehabilitation treatment failure. Reports that he is continuing to drink.

010727:  SJA review determined the case sufficient in law and fact.
010730:  GCMCA [Commanding General, 3d Force Service Support Group] directed the Applicant's discharge under other than honorable conditions by reasons of alcohol rehabilitation failure and misconduct due to a pattern of misconduct. The primary basis/reason for separation for reporting purposes shall be misconduct due to a pattern of misconduct.

Partial discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010815 under other than honorable conditions for misconduct due to a pattern of misconduct (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 contends his problems in the Marine Corps “were the results of alcohol related incidents whether annotated or not.” While he may feel his overindulgence in alcohol was the underlying cause of his misconduct, his numerous NJPs clearly reflect his willful misconduct and demonstrated he was unfit for further service. Alcohol abuse is never a defense to misconduct. Although his service record was not as complete as desirable, the Applicant’s acknowledgement of his NJPs and his failure to provide clear, substantial and properly documented evidence did not overcome the presumption of regularity in the conduct of governmental affairs. Additionally, the record is devoid of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief on this basis is denied.

The following is provided for the edification of the Applicant. Normally, to permit relief, an error or inequity must have been found to have existed during the period of enlistment in question. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. Outstanding post-service conduct, 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 can be considered. Examples include documentation such as educational pursuits, verifiable employment record(s), documentation of community service, certification of non-involvement with civil authorities, and credible evidence of substance free lifestyle. At this time, the applicant has not provided any post-service documentation for the Board to consider. Therefore, no relief will be granted.

He 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. Representation at a personal appearance hearing is recommended but not required.


Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 31 Jan 97 until Present.

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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