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NAVY | DRB | 2004 Marine | MD04-00927
Original file (MD04-00927.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD04-00927

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 discharge 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 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 of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE, authority: MARCORSEPMAN Par. 6209.

 The NDRB did note administrative error(s) on the original DD Form 214. Block 29, Dates of Time Lost During This Period, should read: “941209-950106 (28)” vice “None.” 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 enlisted in the U.S.M.C. in August of 1992. During my enlistment I received a DUI from the Calif. State Highway Patrol. This occurred in September of 1994. I was found guilty of the DUI through a civil court, and was fined heavily ($2300). My driving priviledges were also suspended for a short time both on base and off (Camp Pendleton).

At about the same time, I also learned that I was to be a new parent. That was a great deal of information to deal with all at once. The company I had belonged to (WPNS 1/1), had also presented me with Office hours for my conduct. I had expected they would. My wife then began to prod into my decision making process by demanding me to get out of the USMC however possible. It became very clear at that point that she would not be supportive of my spending the next year-and-a-half away from her our unborn child.

At her request, I submitted myself to an in-house detox program with the intent of failure. She knew as well as I that failing that program meant administrative discharge from the USMC. Once I was discharged from the USMC, I went home to Ohio only to learn that we could not live together amicably. Soon thereafter, I was divorced (5/96). Since my DUI, I have not received any alcohol related incidents. I have since re-married (different girl), and have two beautiful children. I am currently a Police Officer with the City of Cleveland and have received several commendations.

I admit that I made a hasty decision in leaving the USMC under those terms and/or circumstances. There is not a day that goes by that I do not regret it. I hope sincerely that you see that I am very sorry for the way I left the USMC. I would like to put this behind me, and would appreciate any consideration in this matter as it means a great deal to me.

Respectfully Submitted,

J_ M_ W_ ( Applicant )

P.S. : I would like to also respectfully request a form to possibly ascertain Apprenticeship Benefits for my tenure with the Cleveland Policy Academy.

Thank You Again for your time and patience.”





Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Certificate of completion, dated February 16, 2001
Certificate of completion, dated February 16, 2001
Certificate of completion, dated February 8, 2001
Letter to Applicant from City of Cleveland, dated August 22, 2002
Letter from Applicant, dated June 10, 2004
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR(J)                920721 - 920824  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 920825               Date of Discharge: 951005

 Length of Service (years, months, days):

         Active: 03 01 11
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 76

 Highest Rank: LCpl                         MOS: 0321

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.7 (9)                       Conduct: 3.6 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, REB (2), SSDR, PEB

 Days of Unauthorized Absence: 28

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

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

 Chronological Listing of Significant Service Events :

930715:  Counseled for deficiencies in performance and conduct. [Your inability to manage your personal finances which resulted in discredit brought upon yourself and the USMC.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
931112:  Counseled for deficiencies in performance and conduct. [Failure to act responsible using good judgment. You knowingly obtained a false I.D. card resulting in BN office hours. SNM is not recommended for promotion this quarter.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
941018:  Medical evaluation by SACO:
          Impression: Alcohol dependence, r/o overeating.
Recommendation: Level III.
941028:  Counseled for deficiencies in performance and conduct. [SNM failed to return from leave as scheduled. This is the second time SNM has gone on leave and failed to return on time.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

941115:  Civil conviction for driving under the influence on 940916. No further information found in service record. [Extracted from medical record.]

 950202:  NJP for violation of UCMJ, Article 86.
 Specification: Unauthorized absence from 0701, 941209 to 1210, 950106.
 Awarded forfeiture of $450.00 per month for 2 months, restriction for 60 days, reduction to E-2. Not appealed.
950303:  Counseled for deficiencies in performance and conduct. [Failure to comply with the UCMJ. Failure to maintain a military weight standard per MCO 6100.10B.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950329:  Applicant admitted to the Naval Addictions Rehabilitation and Education Department, Naval Hospital, Camp Pendleton, CA with a diagnosis of alcohol dependence.

950410:  Applicant’s discharge diagnosis: (1) Alcohol dependence. (2) Physiological factors affecting physical condition (compulsive overeating with resultant obesity). Applicant returned to duty as a Level III treatment failure. Recommend expeditious processing for administrative separation.

950412:  Applicant informed of the Veterans Administrative Drug and Alcohol Rehabilitation Program. Applicant does not desire to be enrolled into treatment.
UNDATED:         Counseled for deficiencies in performance and conduct. [Failure to comply with the UCMJ. Failure to complete Level III substance abuse program; demonstrates poor judgment, attitude, and ability to follow simple instructions. These deficiencies led you to be dropped from a program designed to help you become a better Marine and correct your alcohol related problem.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950609:  First Sergeant recommended discharge of Applicant. [SNM is an untrustworthy, unreliable Marine that I would not want in a fighting hole with me. He has gone U.A. twice for significant periods of time and on his third time went to battalion office hours… He is a burden on his squad, platoon and company… In any case, [Applicant] should be discharged under other than honorable conditions.]

950616:  Counseled for deficiencies in performance and conduct. [Failure to comply with the UCMJ. SNM refused formal rehabilitation for alcohol abuse. SNM was dropped from Level III because of poor judgment, poor attitude, and ability to follow simple instructions. Refusing formal rehabilitation could lead to administrative discharge.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
950808:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of Level III treatment refusal.
950808:  Applicant advised of 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.

950815:  Commanding Officer recommended a general (under honorable conditions) discharge by reason of Level III treatment refusal. The factual basis for this recommendation was your inability to complete your Level III treatment. Your failure to conform to Marine Corps standards and your willingness to adhere to Marine Corps policy regarding alcohol abuse make any attempt at rehabilitation inappropriate. By your actions, you have demonstrated that you have no potential for further military service.

951003:  GCMCA [Commander, 1 st Marine Division (Rein)] directed the Applicant's general (under honorable conditions) discharge by reason of alcohol abuse rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19951005 with a 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. The Applicant contends that he deliberately failed Level III treatment in order to be discharged from the Marine Corps and that he therefore deserves an honorable discharge. When the service of a member of the Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable. A General discharge 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. The Applicant’s service was marred by nonjudicial punishment proceedings for a violation of Article 86 of the UCMJ in addition to six negative counselings for performance and conduct and a civil conviction for driving under the influence. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Marine Corps and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

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. 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. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that his discharge was appropriate and that his evidence of post-service conduct was found not to mitigate his conduct. Relief denied.

The Applicant requests “a form to possibly ascertain Apprenticeship Benefits for my tenure with the Cleveland Policy Academy.” The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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. 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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