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NAVY | DRB | 2004 Marine | MD04-00100
Original file (MD04-00100.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD04-00100

Applicant’s Request
The application for discharge review was received on 20031017. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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 20040910. 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. 6210.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

 1. “While stationed at Marine Corps Base Hawaii I was sent to an outpatient rehab facility. The doctor told me and my command I need to be in a inpatient facility.
I was evaluated and told I was alcohol dependent. I was on restriction because of an alcohol related incident. In my outpatient rehab we were assigned certain things such as AA meetings, when you feel sick call someone, change your surrounding. Being on restriction didn't allow me to complete several of these steps.
Steps that my doctor said were impossible toget better if they weren't [unreadable].

2. Members of the board, Please excuse the sloppiness in section 8.
While I was stationed at Mariine Corps base Hawaii, I had several family and friends pass away. Because of the 5,000 miles separating us I could not return home every time to be with my family. So I turned to my new family for support, the Navy and Marines. It seemed everyone in my command wanted to brush me off on someone else. Who could blame them who wanted to waste there precious time in Hawaii taking care of a down and out marine. I new because of past experiences with other family members problems with alcohol, that it wouldn’t be the smartest thing to do. So I turned to a Warrant Officer out side of my chain of command. Because I jumped ship, I was then in more trouble. Not knowing but everyday I would drink a little more, stay out 5mins longer. I then found myself drinking by myself. And getting angry at myself, and everyone around me. Wondering why everything I did was wrong and would get me in trouble. Every time I was in trouble it was alcohol related.
Eventually I was sent to a doctor to evaluate me and was told I needed to be in an In-patient rehab facility. My command thought an Out-patient facility would be just as good. By this time I was on restriction for an incident that was alcohol related. My doctor at the rehab facility gave all patients a list of things they needed to do in order to get healthy and stay healthy. Because of my current situation on restriction I was not able to complete a majority of the things. So I believe the only reason I was sent to the Out-patient facility was for record purposes. So they could say I had been given the chance to get better. During one AA meeting I told my sponsor I was feeling very sick and told him I just wanted to kill myself. So I was then placed in the hospital for 3 days. To this day I am ill just thinking that I let something have so much control of my life that I wanted to take it. I knew that several family members had died due to alcoholism. And the pain it caused my family and did not want to be the cause of all that pain. The Doctor then told my command that I was alcohol dependent. And that it was a medical problem. A medical problem that causes people to act differently. By this time I was in trouble once again due to a fight while I was drunk. It was my third drinking related incident and my command wanted to discharge me. Talking to a doctor at my command, he told me that being in the military wasn’t the best thing for me right now. I needed to get better and worry about me first then worry about being a marine. I went to my SGTMaj. And told him about this medical problem and my family history with it. He said “keep going to AA you'll get better”. Not what you want to hear when everything else has failed. I was told to talk to a legal advisor, because I had an Admin. Separation board coming up. My lawyer said with my medical history with alcohol and that being the only reason I was in trouble, that the board would not discharge me and I could finish my tour in the marines. I also asked a senior marine that had been on Admin boards before and he said I would not be discharged. At this point I did not feel confident that my command would help me after this board was over to try and stay healthy. So I refused the Admin. Board and was later discharged with an Other than Honorable discharge.
After talking to several Veteran Affairs personnel and legal advisors as a civilian, they believe my discharge was wrong. In my medical records it says I’m alcohol dependent, which many experts in the medical field say is a medical problem.
All I’m asking for is fair hearing to prove that I’m better than what my discharge says. And for it to be upgraded to honorable.”

 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):
         Active: None
         Inactive: USMCR(J)                         000125 - 000201  COG

 Period of Service Under Review :
Date of Enlistment: 000202               Date of Discharge: 020425

 Length of Service (years, months, days):

         Active: 02 02 24
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 44

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.7 (6)                       Conduct: 3.6 (6)

 Military Decorations: None

 Unit/Campaign/Service Awards: Letter of Appreciation

 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. 6210.2.

 Chronological Listing of Significant Service Events :

010904:  Counseled for deficiencies in performance and conduct. [On 010804 you were heavily intoxicated while attending a party. A verbal altercation led to a physical altercation, “Fighting”, with another Marine. You were screened by Base SACC on 010810 and were given the diagnosis impression of “no diagnosis”.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

011217:  Counseled for deficiencies in performance and conduct. [Conduct unbecoming of a Marine, violating a written order, poor judgment, in that you knowingly consumed alcoholic beverages while in a duty section status.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020117:  Applicant informed eligible but not recommended for promotion to Cpl for the months of Jan/Feb/Mar due to pending legal action.

020131:  Counseled for deficiencies in performance and conduct. [Alcohol related incident; specifically, horse playing with another Marine after drinking. The other Marine pulled a knife and cut your neck, causing a laceration, which required treatment at TAMC.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020211:  Mental Health Department: A: Axis I: Adjustment disorder with depressed mood, rule out major depressive disorder, alcohol abuse. P: Applicant is not psychologically fit for full duty. He is a danger to self and should be admitted to TAMC.
020228:  NJP for violation of UCMJ, Article 134:
 Specification: Disorderly conduct on 020209 by fighting with LCpl S_ while under the influence of alcohol.
Violation of UCMJ, Article 86:
Specification: Unauthorized absence on 020219 from the all hands urinalysis test.
Violation of UCMJ, Article 91:
Specification: Insubordinate conduct on 020219, to wit: gave a false oral statement to GySgt K_ that he did provide a urine sample during the all hands urinalysis test.
Awarded forfeiture of $619 per month for 2 months, restriction and extra duties for 30 days, reduction to E-2. Not appealed.
020304:  Applicant admitted to Tri Services Addiction Recovery Facility.

020317:  Applicant given permission to attend AA meeting.

020318:  Applicant did not show for treatment.

020326:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence on 2200, 020317 to 0420, 020318.
Violation of UCMJ, Article 92:
Specification: Disobeying an order or regulation by drinking while on restriction on 020317.
Violation of UCMJ, Article 134:
Specification: Breaking restriction on 020317 and 020318.
Awarded forfeiture of $552.00 per month for 2 months, restriction and extra duties for 45 days, reduction to E-1. Not appealed.
020401:  Tri Services Addiction Recovery Facility. Discharge Diagnoses: Axis I: Alcohol dependence.

020425:  DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to minor disciplinary infractions, authority: MARCORSEPMAN Par. 6210.2.

No discharge package available for review

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020425 under other than honorable conditions for misconduct due to minor disciplinary infractions (A and 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 presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (E).

 Issues 1 and 2. A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a Marine. The 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. The Applicant’s alcohol dependence does not mitigate his misconduct. The evidence of record does not support the Applicant’s claim that he was denied the opportunity to attend alcohol dependence treatment or demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. 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 inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety 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. Paragraph 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 01 September 2001 until Present.

B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 86, unauthorized absence; Article 91, insubordinate to a SNCO; Article 92, disobey a lawful order; and Article 134, disorderly conduct.
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.

E. 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.

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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