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USMC | DRB | 2005_Marine | MD0500452
Original file (MD0500452.rtf) Auto-classification: Denied


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

ex-Pvt, USMCR
Docket No. MD05-00452

Applicant’s Request
The application for discharge review was received on 20050112. 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 20050428. 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/Failure to Participate (Reserve not on active duty) (administrative discharge board required but waived), authority: MARCORSEPMAN 6213.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

 1. “I believe my discharge from the Marine Reserves to be inequitable I entered treatment under the instructions of my C.O. Major N_, given to me on 1991/08/11. The discharge was initiated by a new C.O. Captain S_, Specific Basis excessive unexcused absences from scheduled drills. Further explanation of issues in Item 14.

I was put on call for deployment to Iraq and sent to Artillery School, 1991/06/21 to 1991/08/03. In the last two weeks of the school I was having problems with drinking. I was instructed upon my return to my Unit to get help by my CO. at the time, Major N_ noted in Administrative Remarks 1991/08/11, and I sought treatment on my own. I was told the Marine Reserves at the time had no ability to offer treatment for alcoholism. I did successfully complete the program I entered. Medical Document Al In the discharge report page 2 item 2 it states that I declined assistance from my immediate supervisor and CO.; I believe the C.O referred to here was Captain S_ who initiated my discharge. I did not refuse the help or the orders of Major N_ to seek help. It was also stated that I made no attempt to rectify my missed drills: believe this to be an untrue statement. The drill dates missed while seeking and being in treatment were 1991/09/06,1991/10/04 1991/11/01, 15 drills all together. I contacted the Unit and tried to make arrangements to make up my missed drills, though the discharge had already been initiated and almost finalized. I was told it was to late to do anything. On page 3 item 7 it states that I had no potential for mobilization. This seems to be unjust statement because I was not given the chance or time to show I Found solution for my alcoholism, was sober and fit for duty.”

Applicant's Remarks as stated on the DD Form 293: “I was counseled after my first MOS school for possible alcohol abuse. I attended A.A. meetings to help me with the problem and attainted some sobriety. I was not diagnosed an alcoholic until September 1991 I relapsed in 1991 while in artillery school. I believe that my inability to attend A.A. meetings at Ft. Sill, due to their location in Oklahoma City, and undiagnosed mental disorder contributed to this relapse. I was later diagnosed with Bi-Polar disorder in the spring of 1992 by Dr. P_. Many of my psychiatrists believe that my Bi-Polar disorder took hold during my service to the Marines. I was told numerous times that until the Bi-Polar disorder was treated and medication properly balanced, I could have never achieved any long term sobriety. It has also been noted that my alcoholism and use of valium were an attempt to self medicate my Bi-Polar Disorder. Medical Document Al and El Klonopin, a medication I am currently taking, is a derivative of valium. This would leave credence to what I have been told about my alcoholism, and the valium prescribed to me by a family physician while in the Reserves.
Due to the help I have received for my Bi Polar disorder, I have been sober over 10 yrs continuously. I am also enrolled at the University of Texas at El Paso obtaining a C.I.S. degree; I am employed by the University Library and a happily married man. I believe my Bi-Polar disorder had a major affect on my service, because it was untreated, and undiagnosed. I hope the Board will give some consideration of this diagnoses, although after my discharge, when making a ruling.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Applicant to Congressman, dated September 1, 2004 (2 pages)
Medical record page, dated November 15, 1991
Letter from El Paso Mental Health & Mental Retardation, dated September 15, 2004
Character reference, dated September 22, 2004
Character reference, dated September 9, 2004
Character reference, dated September 30, 2004
Unofficial transcript, dated October 12, 2004 (5 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 880812               Date of Discharge: 920227

 Length of Service (years, months, days):

         Active: 00 04 13
         Inactive: 04 02 03

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 74

 Highest Rank: PFC                          MOS: 0811

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.7 (7)              Conduct: 3.9 (7)

 Military Decorations: None

 Unit/Campaign/Service Awards: RSB

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Failure to Participate (Reserve not on active duty) (administrative discharge board required but waived); authority: MARCORSEPMAN 6213.

 Chronological Listing of Significant Service Events :

880812:  Enlistment contract into the USMCR documents acknowledgement of the requirement to participate in 48 scheduled drills and not less than 14 days of annual training per year for 6 years upon completion of initial active duty training.

880823:  Applicant reported for initial tour of active duty for training.

881110:  Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

890713:  Applicant reported for tour of active duty for training.

890726:  Applicant released from tour of active duty for training.

890725:  U.S. Navy Medical Officer, Branch Clinic, NAB Coronado, CA, examines the Applicant. Applicant was sent to sick call for ETOH abuse evaluation. Recommendation: counseling for ETOH abuse, behavior modification (at least Level II).

890813:  Counseled regarding academic failure at the Basic Logistics/Embarkation Course and related alcohol abuse which could lead to being transferred to the IRR.

891021:  Applicant informed eligible but not recommended for promotion to Lance Corporal because of unsatisfactory drill participation. Applicant signed the record book entry and chose not to make a statement.

891119:  Applicant informed eligible but not recommended for promotion to Lance Corporal because of unsatisfactory drill participation. Applicant signed the record book entry and chose not to make a statement.

891201:  Applicant informed eligible but not recommended for promotion to Lance Corporal because of unsatisfactory drill participation. Applicant signed the record book entry and chose not to make a statement.

900106:  Applicant informed eligible but not recommended for promotion to Lance Corporal because of unsatisfactory drill participation. Applicant signed the record book entry and chose not to make a statement.

900211:  Applicant informed eligible but not recommended for promotion to Lance Corporal because of unsatisfactory drill participation. Applicant signed the record book entry and chose not to make a statement.

900303:  Applicant informed eligible but not recommended for promotion to Lance Corporal because of unsatisfactory drill participation. Applicant signed the record book entry and chose not to make a statement.

900401:  Applicant informed eligible but not recommended for promotion to Lance Corporal because of unsatisfactory drill participation. Applicant signed the record book entry and chose not to make a statement.

900501:  Applicant informed eligible but not recommended for promotion Lance Corporal because of unsatisfactory drill participation. Applicant signed the record book entry and chose not to make a statement.

900601:  Applicant informed eligible but not recommended for promotion to Lance Corporal because of unsatisfactory drill participation. Applicant signed the record book entry and chose not to make a statement.

900701:  Applicant informed eligible but not recommended for promotion to Lance Corporal because of unsatisfactory drill participation. Applicant signed the record book entry and chose not to make a statement.

900801:  Applicant informed eligible but not recommended for promotion to Lance Corporal because of unsatisfactory drill participation. Applicant signed the record book entry and chose not to make a statement.

900901:  Applicant informed eligible but not recommended for promotion to Lance Corporal because of unsatisfactory drill participation.

901001:  Applicant informed eligible but not recommended for promotion to Lance Corporal because of unsatisfactory drill participation. Applicant signed the record book entry and chose not to make a statement.

901101:  Applicant informed eligible but not recommended for promotion to Lance Corporal because of unsatisfactory drill participation. Applicant signed the record book entry and chose not to make a statement.

901201:  Applicant informed eligible but not recommended for promotion to Lance Corporal because of unsatisfactory drill participation. Applicant signed the record book entry and chose not to make a statement.

910101:  Applicant informed eligible but not recommended for promotion to Lance Corporal because of unsatisfactory drill participation. Applicant signed the record book entry and chose to make a statement.

910201:  Applicant informed eligible but not recommended for promotion to Lance Corporal because of unsatisfactory drill participation. Applicant signed the record book entry and chose not to make a statement.


910203:  U.S. Navy Medical Officer examines Applicant. Applicant referred to clinic due to physical appearance of intoxication. Applicant denies use of ETOH or illegal drugs. Diagnosis: “Tremulous due to heavy coffee intake.”  

910621:  Applicant reported for tour of active duty for training.

910628:  Applicant informed eligible but not recommended for promotion to Lance Corporal for the months of March, April, May, June and July because of unsatisfactory drill participation and poor performance of duty as reflected by my inability to complete formal school training in MOS 0431.

910803:  Applicant released from tour of active duty for training.

910811:  U. S. Navy Medical Officer examines the Applicant: “Applicant has been on a 5-day binge (100 % ETOH) since breaking his hand and demolishing his car in an accident. Has a long history of ETOH abuse (alcoholic since age 12). Had treatment at Betty Ford Center. I believe that his alcoholism interferes with his ability to perform duties.”

910811:  Counseled for deficiencies in performance and conduct. [The generous prior opportunities the Marine Corps Reserve has given him to get his life together and get over his chronic alcoholism; his many drills missed under questionable circumstances in which he was medically excused because he was given the benefit of the doubt; and his intolerable appearance in reporting this drill weekend out of uniform, disheveled, and unshaven.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

911006:  Counseled for deficiencies in performance and conduct. [Unsatisfactory drill participation in the United States Marine Corps Reserve.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant not available for signature.

911006:  Applicant administratively reduced in rank to Pvt (E-1) per Battery Special Order 05-92. Admin reduction authorized by MCO P1400.32 per 5003.

911101:  Applicant informed eligible but not recommended for promotion to Private First Class because of unsatisfactory drill participation. Applicant not available for signature.




911103:  Letter of intent to administratively separate under other than honorable conditions for the failure to participate in reserve training was sent via certified mail (P496 623 081), return receipt requested. Commanding Officer notified the Applicant that factual basis was accumulation of 24 unexcused absences from scheduled drill in the preceeding 12 months.
911103:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

911114:  Applicant’s mother receipted for certified letter of Notification of
Separation Proceedings. Applicant failed to acknowledge the contents. [The failure to acknowledge official certified mail constitutes acknowledgement and waiver of all rights (MARCORSEPMAN par. 6303)]

911115:  Civilian hospital and medical examination by L. A_ G__, M.D..
Applicant admitted to hospital 09/25/91, discharged from hospital 10/15/91. Applicant has a preliminary diagnosis of substance dependency alcohol and valium and possible pending DT’s and withdrawal from valium. Final diagnosis: AXIS I: Substance dependency alcohol and valium and valium intoxication.

920112:  Applicant informed eligible but not recommended for promotion to Private First Class for the months of December 1991 and January 1992 because of unsatisfactory drill participation. Applicant not available for signature.

920112:  Commanding Officer, I-I N Btry, 5 th Bn, 14 th Mar, recommended discharge under other than honorable conditions by reason of misconduct due to unsatisfactory participation in the Ready Reserve. The factual basis for this recommendation is the Applicant’s accumulation of 24 unexcused absences from scheduled drills in the preceding six months.

920204:  Command Officer, I-I, 5 th Bn, 14thMar concurs with CO, I-I N Btry recommendation for Applicant’s administrative discharge under other than honorable conditions. CO’s comments: “Every effort was extended that was possible to Private M_ in affording him the opportunity to get on track toward a satisfactory drill status. He rejected all assistance and counseling.”

920226:  SJA review determined the case sufficient in law and fact.

920227:  GCMCA, Commanding General, 4 th Marine Division (REIN), directed the Applicant's discharge under conditions other than honorable by reason of misconduct due to unsatisfactory participation in the Ready Reserve.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19920227 under other than honorable conditions for misconduct due to unsatisfactory participation in the Ready Reserve (A, B, and C). The Board presumed regularity in the conduct of governmental affairs (D). 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 (E and F).

Issue 1. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable. Specifically, Applicant alleged that he missed drill because he “entered treatment under the instructions of his CO given to him on 19910811.” The record shows that the Applicant’s CO counseled him for deficiencies in performance and conduct concerning the period previous to 19910811 and referred to “his many missed drills under questionable circumstances in which he was medically excused because he was given the benefit of the doubt”. The record contains no evidence of any wrongdoing by the Applicant’s Commanding Officer or anyone else for that matter in the discharge process. The Board presumes regularity in the conduct of governmental affairs in the absence of persuasive evidence to the contrary. As such, this Board presumed that Applicant’s discharge was regular in all respects. Relief denied.

When the service of a member of the U.S. Marine Corps Reserve has been honest and faithful, it is appropriate to characterize that service as honorable. An under other than honorable conditions 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 was absent from scheduled drills for August, September, October, and November 1991 and January 1992, accumulating a total of 24 unexcused absences over a 6 month period. The Applicant’s unit attempted to contact him by phone on each occasion that he missed drill but was unsuccessful. The Applicant’s CO stated that the Applicant was offered the opportunity to make-up his missed drills but he failed to do so. The Applicant was notified by certified mail of the CO’s intent to recommend administrative discharge; the Applicant failed to respond by signature receipt thereby, waiving his rights per MARCORSEPMAN par. 6303. 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 Reserve and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.




The Applicant contends that his problems in the U.S. Marine Corps Reserve can be attributed to his alcoholism. While he may feel that his abuse of alcohol was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

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. The Board recognizes the Applicant’s efforts towards alcohol rehabilitation and continuing education. 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 the conduct for which he was discharged. Relief denied

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. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6213 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D, effective 890627 until 950817) states that a Marine may be separated for unsatisfactory participation in the Ready Reserve under criteria established in MCO P10014.1.

B. Marine Corps Reserve Administrative Management Manual, MCO P10014.1.

C. Table 6-1, Guide for Characterization of Service, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D, effective 890627 until 950817).

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 F. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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