Search Decisions

Decision Text

USMC | DRB | 2003_Marine | MD03-01130
Original file (MD03-01130.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD03-01130

Applicant’s Request
The application for discharge review was received on 20030611. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests a documentary record review. The Applicant did not list a 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 shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/ALCOHOL REHABILITATION FAILURE, authority: MARCORSEPMAN Par. 6209.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 No issues were submitted by the Applicant.


Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR(J)                970121 - 970323  COG
         Active: USMC              None

 Period of Service Under Review :
Date of Enlistment: 970324               Date of Discharge: 990226

 Length of Service (years, months, days):

         Active: 01 11 03
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 41

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (4)                       Conduct: 4.4 (4)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/ALCOHOL REHABILITATION FAILURE, authority: MARCORSEPMAN Par. 6209.

 Chronological Listing of Significant Service Events :

980820:  Medical evaluation by credentialed provider determined Applicant was alcohol dependent and depressed. Applicant wants out of the USMC. Refused alcohol treatment.

990105:  Applicant refused treatment for alcohol dependence.

990113:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of alcohol rehabilitation failure as evidenced by your refusal of treatment.
990113:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
990114:  Commanding Officer recommended discharge under honorable conditions (general) by reason of alcohol rehabilitation failure.

990202:  SJA review determined the case sufficient in law and fact.

990217:  GCMCA [CG, 2d FSSG] directed the Applicant's discharge under honorable conditions (general) by reason of alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990226 under honorable conditions (general) 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).

The Applicant introduced no decisional issues for consideration by the Board. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable. 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 his refusal to seek and complete treatment for his alcohol dependence. The Applicant’s conduct 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 is 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. Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country. 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      


Similar Decisions

  • USMC | DRB | 1999_Marine | MD99-01120

    Original file (MD99-01120.rtf) Auto-classification: Denied

    I have an honorable discharge, under alcohol failure. 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).In the applicant’s issues the Board found that the applicant acknowledged, on 940617, that he understood that he must complete 36 months of active duty service before he is entitled to the MGIB. The applicant was correctly discharged for dropping out of alcohol...

  • USMC | DRB | 2003_Marine | MD03-00402

    Original file (MD03-00402.rtf) Auto-classification: Denied

    MD03-00402 Applicant’s Request The application for discharge review was received on 20030109. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Showing up to work drunk on 991019, screened by the medical officer on 991021 and SACC, diagnosed as being alcohol dependent and refusing to attend alcohol treatment as recommended by the SACC.]

  • USMC | DRB | 2001_Marine | MD01-00484

    Original file (MD01-00484.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Letter from Applicant (2pgs) Copy of DD Form 214 Copy of Commanding General's Separation Authorization Copies of Service Related Documents (13pgs) Letter from State of New York Division of Veteran Affairs Counselor (2pgs) Criminal History Record Check Request Copy of Driving Record Letter from FAS Military Analysis Network (Operation Laser...

  • USMC | DRB | 2000_Marine | MD00-00620

    Original file (MD00-00620.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 971121 under other than honorable conditions due to alcohol rehabilitation failure (A). In addition, he received counseling entries for failure of the PFT and Level III Rehabilitation failure.

  • USMC | DRB | 2001_Marine | MD01-00846

    Original file (MD01-00846.rtf) Auto-classification: Denied

    But these violations are not the reason why I was discharged, on my DD 214 it states alcohol abuse rehabilitation failure resulting in an administration discharge of general under honorable conditions. My desire is for the board to review my service records, and the other document that I'm submitting, and find that I was a good Marine, and deserve my discharge to be change to Honorable, and for the reason of discharge to be change as will, so that the label of Alcoholic does not follow me...

  • USMC | DRB | 2001_Marine | MD01-00370

    Original file (MD01-00370.rtf) Auto-classification: Denied

    MD01-00370 Applicant’s Request The application for discharge review, received 010131, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. I have served two periods of service from 1986 to 1990 in the U.S. Navy which I receive an Honorable discharge.

  • USMC | DRB | 1999_Marine | MD99-00490

    Original file (MD99-00490.rtf) Auto-classification: Denied

    Issues Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. 930624: Counseled for deficiencies in performance and conduct (alcohol dependence, personality disorder, and history of behavioral problems). PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 931007 under honorable conditions (general) due to alcohol abuse rehabilitation failure (A).

  • USMC | DRB | 2003_Marine | MD03-00570

    Original file (MD03-00570.rtf) Auto-classification: Denied

    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 RE Code 1. 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. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case,...

  • USMC | DRB | 1999_Marine | MD99-00478

    Original file (MD99-00478.rtf) Auto-classification: Denied

    MD99-00478 Applicant’s Request The application for discharge review, received 990218, requested that the characterization of service on the discharge be changed to honorable. The fact remains that Corporal (Applicant) has been determined to be an alcohol abuser. However, the service that is recorded in Corporal (Applicant)'s record book merits a general discharge.

  • USMC | DRB | 2001_Marine | MD01-00627

    Original file (MD01-00627.rtf) Auto-classification: Denied

    I received the good conduct medal for 3 years of service without incident. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214Copy of letter of appreciation dated July 6, 1992Copy of Certificate of Good Conduct dated July 11, 1992 Statement from applicant PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 880815 -...