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USMC | DRB | 2003_Marine | MD03-01057
Original file (MD03-01057.rtf) Auto-classification: Denied


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

ex-Lcpl, USMC
Docket No. MD03-01057

Applicant’s Request
The application for discharge review was received on 20030530. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to CONVENIENCE OF THE GOVERNMENT. The Applicant requests a documentary record 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 20040423. 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 and the narrative reason for separation shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/Alcohol Rehabilitation Failure (administrative discharge board not required), authority: MARCORSEPMAN Par. 6209.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:

 “1. Dear Review Board

I would like a change of reenlistment code to RE-1 and corresponding separation program number/designator.

The following issues are the reasons I believe my discharge should be upgraded to Honorable and reenlistment code changed. If you disagree, please explain in detail why you came to that conclusion.

The presumption of regularity that might normally permit you to assume that the service acted correctly in characterizing my service as less than Honorable, does not apply to my case for the reason of the evidence I am submitting.

Thank you for your prompt and fair review.

Sincerely,
J_ A. J_”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Letter from Applicant’s wife
Certificate of Marriage
U-Haul Certificate of Achievement
U-Haul Certificate of Completion, Dated Sep 13, 2000
Criminal Record check, dated Feb 23, 2000
Character reference
Character reference, dated April 30, 2001
Character reference, dated June 27, 2001
Graduation Certificate, Border Patrol, dated Feb 10, 2003
Sharpshooter Certification, dated Feb 10, 2003
Course Completion Certificate dated Feb 10, 2003
Director’s Award Letter, dated Feb 10, 2003
Director’s Award Certificate, dated Feb 10, 2003
Applicant’s service record (8 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                900622 - 900821  COG

 Period of Service Under Review :
Date of Enlistment: 900822               Date of Discharge: 940425

 Length of Service (years, months, days):

         Active: 03 08 04
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 49

 Highest Rank: LCPL

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (10)                      Conduct: 4.2 (10)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSRB, SSPB

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/Alcohol Rehabilitation Failure (administrative discharge board not required), authority: MARCORSEPMAN Par. 6209.

 Chronological Listing of Significant Service Events :

920116:  NJP for violation of UCMJ, Article 92:
 Specification: Underage Drinking
Awarded forfeiture of $400.00 per month for 1 months, restriction and
extra duties for 30 days. 15 days of restriction, 15 days of extra duties and $200.00 of $400.00 forfeiture suspended for 3 months, at which time, unless sooner vacated, will be remitted without further action. Not appealed.
930426:  Counseled for deficiencies in performance and conduct. [Lack of judgement and abuse of govt property (using BEQ fire extinguisher while under the influence of alcohol).] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930504:  Medical evaluation by Naval Weapons Station Medical Clinic, Concord, Ca. Patient feels he does need some help in stopping his drinking. Recommend CAAC III

930727:  Counseled for deficiencies in performance and conduct. [Lack of discipline, judgement and integrity.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

931015:  NJP for violation of UCMJ, Article 121: Larceny (On or about 1822, 01OCT93 did steal one LCPL sticker decal of a value of about 30 cents, 22 Area MCX, CamPen.)
         Award: Forfeiture of $136 per month for 1 month. No indication of appeal in the record.
931222:  Applicant was disenrolled from aftercare program due to his unwillingness
                  to quit drinking during formal aftercare and a DUI on 931208. Prognosis
                  for sobriety is poor.

 940113:  Applicant notified of intended recommendation for discharge with a characterization of general (under honorable conditions) by reason of alcohol abuse rehabilitation failure.
940113:          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 and to make a statement.

940115:  Commanding officer recommended discharge with a characterization of general (under honorable conditions) by reason of alcohol abuse rehabilitation failure. The factual basis for this recommendation was all rehabilitation efforts have failed. [SNM did not successfully complete alcohol rehabilitation program]

940303:  GCMCA [Commanding General, 1 st Marine Division] directed the Applicant's discharge with a characterization of general (under honorable conditions) by reason of alcohol abuse rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19940425 with a characterization of general (under honorable conditions) due to alcohol abuse 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: Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the Applicant’s enlistment. The Applicant’s service record is marred by award of non-judicial punishment (NJP) on two separate occasions and a DUI. The Applicant’s conduct, which forms the primary basis for determining the character of his service, falls short of that required for an honorable characterization of service. Additionally, the NDRB will change the reason for discharge if such a change is warranted. The summary of service clearly documents that alcohol rehabilitation failure was the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why he was discharged. Relief denied.
Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. However, neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied.
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, an alcohol-free lifestyle, and certification of community service and non-involvement with civil authorities are examples of verifiable proof that can be submitted. At this time, the Board determined that the documentation submitted by the Applicant does not 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 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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