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NAVY | DRB | 2004 Marine | MD04-00925
Original file (MD04-00925.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD04-00925

Applicant’s Request
The application for discharge review was received on 20040512. 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 representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041022. 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 and narrative reason of the discharge shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/ALCOHOL REHABILITATION FAILURE, authority: MARCORSEPMAN Par. 6209.
The NDRB did note administrative error(s) on the original DD Form 214. Block 12a, Date Entered AD This Period should read “96 06 04” vice “95 10 06," and Block 12c, Net Active Service This Period, should read: "01 10 04" vice "02 06 01." The Commandant, Headquarters USMC, Quantico, VA, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “I was young and wasn’t considering the future. I now have a wife and two children. I am a born again Christian and have not touched alcohol in four years. Everybody has dreams and mine was to be in the military. I was in rehab for alcohol and during my off time I went fishing and purchased some alcohol. I have overcome my problem and am trying to renenlist; however, the recruiting officer told me I could not because of my reason for separation .”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Criminal and traffic record check
Letter from Applicant’s wife
Letter from D_ M_, Chief Magistrate
Letter from R_ B_, Sheriff
Letter from J_ S_, Jr., Chief of Police
Letter from Rev. D.M. S_

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR(J)                951006 – 960603  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 960604               Date of Discharge: 980407

 Length of Service (years, months, days):

         Active: 01 10 04
         Inactive: None

 Age at Entry: 19                          Years Contracted: 6

 Education Level: 12                        AFQT: 65

 Highest Rank: LCpl                         MOS: 6432

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (6)                       Conduct: 3.8 (6)

 Military Decorations: None

 Unit/Campaign/Service Awards: LA

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 :

961112:  Counseled for deficiencies in performance and conduct. [Lack of self-discipline and poor judgment. On 961105, UA from remedial instruction.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970227:  NJP for violation of UCMJ, Article 92: On 970215, disobey a lawful written order by going out of bounds without authorization.
 Awarded restriction and extra duties for 45 days (30 days suspended for 4 months), reduction to PFC. Not appealed.
970416:  NJP for violation of UCMJ, Article 92: Consuming alcohol under the legal age of 21.
         Awarded forfeiture of $450 per month for 2 months, restriction and extra duty for 45 days (15 days suspended for 4 months), reduction to Pvt. No indication of appeal in the record.
971022:  Medical evaluation determined the Applicant to be alcohol dependent. Recommended for Level III treatment.

971023:  SACC assigned Applicant to Level III treatment beginning on 971029.

971128:  Applicant released from Level III treatment.
971219:  NJP for violation of UCMJ, Article 92: Consuming alcohol under the legal age of 21.
         Awarded forfeiture of $400 per month for 2 months, restriction for 45 days (all suspended for 6 months). Not appealed.
980317:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of alcohol rehabilitation failure, based upon your failure to successfully complete the Level III treatment program.
980317:          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.
980317:  Commanding Officer recommended discharge under honorable conditions (general) by reason of alcohol rehabilitation failure.

980324:  SJA review determined the case sufficient in law and fact.

980324:  GCMCA [CG, 2d MAW] 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 19980407 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).

Issue 1. 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. The Applicant failed alcohol rehabilitation treatment by continuing to use alcohol upon completion of inpatient treatment for alcohol dependence. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Relief to the narrative reason for separation is therefore denied.

The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety occurred 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. 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, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that may be provided to receive consideration for relief, based on post-service conduct. The Applicant’s evidence of post-service conduct was found not to mitigate his misconduct sufficient to warrant an upgrade to his discharge. 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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