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NAVY | DRB | 2004 Marine | MD04-00296
Original file (MD04-00296.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD04-00296

Applicant’s Request
The application for discharge review was received on 20031202. The Applicant requested the characterization of service received at the time of discharge be changed to honorable. The Applicant requested a documentary record review. The Applicant did not list a representative on his DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040812. 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: GENERAL ( UNDER HONORABLE CONDITIONS) /ALCOHOL REHABILITATION FAILURE, authority: MARCORSEPMAN Par. 6209.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated

 Applicant’s issues, as stated on the application:
Issue 1: “On my DD214 Form under reasons for separation state Alcohol Rehabilation Failure. I never failed because I never received treatment. I believe that I did not have a problem. I was young and stupid and refused help. I grew out of that phase of life and now have realized how important cooperating with them back then was. I am now applying for the Arkansas State Police and have realized the errors of my youth. An upgrade in my discharge is very important in the line of work I want to go into. All I ever wanted to do is serve my country and my community, to give back and make it safe as possible for the next generations. I have been sober for 3 yrs. Being discharged was a life changing mistake and now I am trying to right the wrong. And with your help I believe I can. I would appreciate you considering my upgrade from General Under Honorable to an Honorable Discharge. Thanks you. Sincerely, J_ W. B_ (Applicant) .”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Job reference, dtd November 18, 2003
 Copy of DD Form 214 (Member - 1)
 Copy of DD Form 214 (Member - 4)
Applicant’s ltr to the Board, undated
 Character reference, undated
 Character reference, undated
Character reference, dtd 1/13/2004
 Meritorious Mast, dtd 1 February 1999
Meritorious Mast, dtd 3 June 1998
Certificate of Completion (Pre-service Military Police Course), dtd 16 April 1998
MCI, Course Completion Certificate (Personal Finance)
MCI, Course Completion Certificate (Military Police Interview/Interrogation Forms)
MCI, Course Completion Certificate (Corrections)
Certificate of Completion (Emergency Vehicle Operations Course), dtd 16 May 1998
Certificate of Completion (Cycling Patrol Procedures), Pit Community College
dtd 05/22/99




PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (J)               960619 - 970616  COG
          Active: USMC              None                       HON
Period of Service Under Review :
Date of Enlistment: 970617               Date of Discharge: 991119

 Length of Service (years, months, days):

         Active: 02 05 03
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 74

 Highest Rank: LCpl
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (5)                       Conduct: 4.5 (5)
Military Decorations: MertM (x 2)

 Unit/Campaign/Service Awards: NUC, SSDR

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/ALCOHOL REHABILITATION FAILURE, authority: MARCORSEPMAN Par. 6209.
Chronological Listing of Significant Service Events :

990723:  NJP for violation of UCMJ, Article 92: … violate South Carolina State law by drinking under the age of 21.
 Violation of UCMJ, Article 111: … drive a privately owned vehicle while under the influence of alcohol.
 Awd red to E-2, forf of $150.00 per month for 2 months. Red to E-2 susp for 3 mos. Not appealed.
990805:  Suspension vacated and punishment ordered executed this date.   

990810:  Substance Abuse Counseling Center evaluation determined Applicant was beyond the scope of unit level treatment and was referred for medical evaluation by a doctor.

990812:  Medical evaluated and given a diagnosis of “Alcohol Dependence (303.90 DSM IV)

990816:  Applicant acknowledged his understanding of his diagnosis, the prescribed treatment plan and refused treatment anyway.  

991006:  Applicant notified of intended recommendation for discharge of general (under honorable conditions) by reason of alcohol rehabilitation failure.
991006:          Applicant advised of his rights and having consulted 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.
991006:  Commanding officer recommended discharge with a general (under honorable conditions) characterization of service by reason of alcohol rehabilitation failure. The factual basis for this recommendation was the Applicant’s “refusal to comply with (the) prescribed treatment program.”

991018:  Counseled for deficiencies in performance and conduct. [Conviction by Court Magistrate Craven County, New Bern, North Carolina for obtaining alcoholic beverages for an underage person.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

991108:  SJA review determined the case sufficient in law and fact.
991108:  GCMCA [Commanding General, Marine Corps Air Station, Cherry Point] directed the Applicant's discharge with a general (under honorable conditions) discharge by reason of convenience of the government due to alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19991119 with a general (under honorable conditions) discharge 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: The Board found that the Applicant’s age, education level, and test scores qualified him for enlistment. While he may feel that his immaturity and youth were contributing factors to his actions, the record clearly reflects his disregard for the requirements of military discipline and demonstrated he was unfit for further service. 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. As stipulated in reference (A) below, any Marine who refuses to attend treatment, fails to participate in treatment, or does not successfully complete treatment will be processed for separation as an alcohol rehabilitation failure. Relief denied.
The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested in the issue. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board discovered no impropriety or inequity; thereby, considering the Applicant’s discharge proper and equitable.

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, good conduct in civilian life subsequent to leaving the service or for the purpose of enhancing employment opportunities as requested in the issue. 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 010831, 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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