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USMC | DRB | 2005_Marine | MD0500783
Original file (MD0500783.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-LCpl, USMC
Docket No. MD05-00783

Applicant’s Request
The application for discharge review was received on 20050322. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review or a personal appearance hearing in the Washington, D.C. Metropolitan area. The Applicant did not designate a representative on the DD Form 293. The Board accepted Applicant’s application for a personal appearance hearing due to the Applicant’s date of discharge. On 20050815, the Applicant converted to a documentary record review in lieu of a personal appearance hearing.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20050901. 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 and reason for discharge shall not change. The discharge shall remain Under Honorable Conditions (General) by reason of alcohol rehabilitation failure.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“I want to reenlist in the reserve Marines or other branch of service.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (2)
Bachelor of Science Degree from Louisiana State University
Master Degree from American Inter Continental University
Transcript from American Inter Continental University
Official Transcript from Louisiana State University (5 pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19870715 – 19880320               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19880321             Date of Discharge: 19900928

 Length of Service (years, months, days):

 Active: 02 06 08
          Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: none
         Confinement:              none

 Age at Entry: 18

Years Contracted: 6

Education Level: 12                                 AFQT: 64

 Highest Rank: LCpl                                  MOS: 0131

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (9)              Conduct: 4.2 (9)

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214) : Rifle Expert Badge (3), Sea Service Deployment Ribbon, Meritorious Mast


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER HONORABLE CONDITIONS (GENERAL)/Alcohol Abuse Rehabilitation Failure (administrative discharge board not required), authority: MARCORSEPMAN Par. 6209.

 Chronological Listing of Significant Service Events :

890224:  Counseling: Advised of deficiencies in performance and conduct (Disrespect toward Seniors; failure to comply with Marine Corps grooming regulations (specifically: maintaining a proper shave); immature and lackadaisical attitude towards corrective criticism; tardiness for work and field day; and following instructions concerning UD working procedures. SNM has been unofficially counseled on many occasions prior to this entry.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

890501:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the month of May due to an immature attitude and having no sense of responsibility. Applicant chose not to make a statement.

890725:  Counseled concerning the loss/theft of AFID card (DD FORM 2MC AD) on or about 890722 (1 st occurrence). SNM advised of the sensitivity of the ID card and his responsibility to keep it in his possession. SNM further advised that disciplinary action could result from continued loss and misplacement of ID card due to negligence.

890906:  NJP for violation of UCMJ, Article 108: On or about 0300, 890818 display drunk and disorderly conduct, to wit: LCpl B_ did at Bks 2655, Rm 122 punch and crack his wall locker.
 Violation of UCMJ, Article 134: On or about 0300, 890818 display and disorderly conduct, to wit: LCpl B_ did at Bks 2655, Rm 122 did punch the wall causing him to fracture his R-hand.
         Award: Forfeiture of $190.00 pay per month for 1 month, restriction for 14 days. Not appealed.

890919:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the month of Oct due to recent NJP. Applicant chose not to make a statement.

900404:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the month of May, June, and July because of frequent involvement with alcohol. Applicant chose not to make a statement.

900423:  NJP for violation of UCMJ, Article 92: At MCB, Camp Lejeune on or about 22Feb90, having knowledge of BO 5353.2, violated the same by drinking underage. Violation of UCMJ, Article 134: At MCB, Camp Lejeune on or about 22FEB90, was drunk and disorderly by brandishing a BB gun and shooting himself.
         Award: Forfeiture of $207.00 pay per month for 1 month ($132.00 pay per month for 1 month suspended for 6 months), restriction and extra duty for 14 days. Not appealed.

900502:  Counseling: Advised of deficiencies in performance and conduct (Relating to violation of the UCMJ, specifically; failure to complete Level II alcohol treatment by being UA from AA meetings and failure to properly prepare for CO’s wall locker/JOB inspection.) Advised that subsequent failure of alcohol rehab treatment will result in administrative separation proceedings.

900508:  Suspension of NJP imposed and suspended on 900423 for a period of 6 months is vacated and the punishment is ordered executed.

900614:  Director, Consolidated Drug and Alcohol Center, Marine Corps Base, Camp Lejeune evaluation report:
         SNM evaluated in accordance with the references as the result of a command referral.
         Impression:     
         Alcohol Abuse.
          SNM was released from Level II treatment on 2 Mar 90 as a Level II treatment failure due to failing to complete treatment requirements. SNM Also was given the opportunity to complete the requirements during a one on one counseling session with the senior counselor (MSgt U___). SNM refused to take this opportunity and to work any program.
          Recommendation:
         SNM be separated as a level II treatment failure, due to refusing to participate in his own treatment program. SNM is to attend weekly meetings with Battalion SANCO until separation.

900725:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the 3rd Quarter because of recent NJP and for Level II Alcohol treatment failure. Applicant chose not to make a statement.

900821:  Applicant notified of intended recommendation for under honorable conditions (general) discharge with the least favorable characterization of service as under honorable conditions (general) by reason of alcohol abuse rehabilitation failure. This recommendation was based upon your inability or refusal to participate in your alcohol abuse rehabilitation as evidenced by your termination from the Level II treatment program as a treatment failure.

900821:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

910821:  Commanding Officer, 8 th Communication Battalion, 2d Surveillance Reconnaissance and Intelligence Group, II Marine Expeditionary Force, Fleet Marine Force, Camp Lejeune, recommended to Deputy Commanding General, II Marine Expeditionary Force, Fleet Marine Force, Camp Lejeune Applicant’s discharge with a under honorable conditions (general) by reason of alcohol abuse rehabilitation failure pursuant to the provision of paragraph 6209 of the reference. The factual basis for this recommendation was the respondent’s inability or refusal to participate in his alcohol abuse rehabilitation from the Level II treatment program as a treatment failure.

900919:  SJA review determined the case sufficient in law and fact.

900921:  GCMCA, Deputy Commanding General, II Marine Expeditionary Force, directed the Applicant's discharge with a under honorable conditions (general) by reason of alcohol abuse rehabilitation failure pursuant to paragraph 6209 of reference.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19900928 by reason of alcohol rehabilitation failure (A and B) with a service characterization of under honorable conditions (general). 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).

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 two retention warnings and two nonjudicial punishment proceedings for violations of Articles 92, 108 and 134 of the UCMJ. The Applicant’s award at NJP suspended on 19900423 was vacated on 19900508 due to his continued misconduct. The Applicant’s violation of Article 92 is considered the commission of a serious offense. 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 Marine Corps and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

The documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was alcohol rehabilitation failure. The Applicant was released from Level II treatment on 19900302 as a failure for failing to comply with treatment requirements. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. Relief denied.

Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. While the Board was impressed by the Applicant’s academic accomplishments, the Applicant’s documentation needs to be more comprehensive. Examples of documentation that should be provided to the Board include proof of verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient post-service documentation for the Board to consider. Relief denied.

Regarding reenlistment, since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

Pertinent Regulation/Law (at time of discharge)

 A . The Marine Corps Separation and Retirement Manual, MCO P1900.16D, effective 890627 until 950817), Paragraph 6209, ALCOHOL REHABILITATION FAILURE.

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 92, failure to obey an order/regulation.

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

D. 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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