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USMC | DRB | 2005_Marine | MD0500993
Original file (MD0500993.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. MD05-00993

Applicant’s Request
The application for discharge review was received on 20050525. 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. The Applicant did not designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20051102. After a thorough review of the available 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 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:

“An Upgrade is needed for Employment purposes I was denied Job promotion/Employment because of the type of Discharge, furthermore the wording of the DD214 is no longer valid as to how I enter-act in society today.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Only the service record book and medical record was reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19850725 – 19860406               COG
         Active: USMC              19860407 – 19900117               HON

 Period of Service Under Review :
Date of Enlistment: 19900118             Date of Discharge: 19930115

 Length of Service (years, months, days):

 Active: 02 11 28 (Excludes lost time)
          Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 1 day
         Confinement:              None

 Age at Entry: 22

 Years Contracted: 4

Education Level: 12                                 AFQT: 65

 Highest Rank: Cpl                                   MOS: 3072/6046

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (8)              Conduct: 4.2 (8)

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214) : National Defense Service Medal, Sea Service Deployment Ribbon w/2 stars, Good Conduct Medal, Letter of Appreciation (2), Navy Unit Commendation


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER HONORABLE CONDITIONS (GENERAL)/Alcohol Abuse Rehabilitation Failure (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6209.

 Chronological Listing of Significant Service Events :

900118:  Reenlisted this date for a term of 4 years.

910211:  Counseling: Advised of deficiencies in performance and conduct (Failure to be at your appointed place of duty at the scheduled time, i.e., rifle range detail for VMA-214), necessary corrective actions explained, sources of assistance provided and discharge warning issued..

910515:  Acknowledged understanding of eligibility but not recommended for promotion to Sgt for the month of Jul, Aug, and Sept, 91 because of failure to be at appointed place of duty on more than one occasion. Applicant chose not to make a statement.

910806:  Applicant to unauthorized absence at 0600.

910807:  Applicant from unauthorized absence at 0700.

910827:  Medical evaluation at Branch Medical Clinic, Yuma, AZ: Patient is here to be evaluated for level III treatment and for possible psychiatric consult. Patient says he wants to go to Level III treatment for ETOH Abuse because ETOH has interfered in his work & his social life. Has been U/A a good number of times many conflicts with NCOIC to the point that he feels like punching his NCOIC sometimes. He is presently going to “Office Hours” for U/A. He also has increased fights (verbal) with girlfriend. He does have some guilt feelings about drinking. He drinks a pint of hard liquor or 3-4 40oz cans of beer per day. Says that he probably has blacked out from time to time. Has an occasional morning pick me up, and has built up a tolerance. Patient wants to quit drinking. Patient has no suicidal on homicidal ideations. Does talk about hurting his NCOIC if he is provoked but knows the consequences of his actions and is considered to be accountable for his actions. Shows good judgment otherwise.
         Assessment: ETOH dependence
         Plan: 1.) Level III treatment with command sponsored antabuse until at Level III. LFTs prior to antabuse and psyche available at level III. 2.) To SACO
910828:  NJP for violations of UCMJ, Article 86:
 Specification 1: Unauthorized absence 0215, 910726 to 0448, 910726.
          Specification 2: Unauthorized absence 0600, 910726 to 2400, 910726.
 Specification 3: Unauthorized absence 0600, 910806 to 0700, 910807.
Specification 4: Unauthorized absence 0630, 910816 to 0840, 910816
Violations of UCMJ, Article 91:
Specification 1: Willfully disobeyed order of SSgt K_ USMC to check out with Maintenance Ctrl before leaving the work area.
Specification 2: Willfully disobeyed order of SSgt K_ to stay in barracks 913, until further instruction was given.
          Award: Reduction to E-3, forfeiture of $300 pay per month for 2 months, restriction and extra duty for 45 days (45 days restriction without suspension from duty). Appeal submitted on 910904. Appeal denied 910910.

920915:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the month of Sept, Oct., Nov., 92 because of a DUI. Applicant chose not to make a statement.

921017:  NAVMC 118 (Page 11) entry: SNM failed to complete level III aftercare program and is being processed for administrative discharge due to alcohol rehabilitation failure.

921102:  Medical evaluation at Branch Medical Clinic, Yuma, AZ: Patient is 25 year black male known well to me status post LEVEL III last year. Has recently gotten DUI. Drinks 3-4 beers on average. Wife won’t let him drink, so he goes out with friends & drinks. He feels somewhat remorseful.
         Assessment: Level III failure
         Plan: 1) Do not believe that a 2 nd chance at Level III will be of much help with this individual. 2. Recommend separation administratively & at most, Level III treatment through VA system.

930115:  DD Form 214 issued. Applicant discharged under honorable conditions (general) by reason of Alcohol Abuse Rehabilitation Failure, board waived.



Service Record Book did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930115 by reason of alcohol rehabilitation failure (A and B) with a service characterization of under honorable conditions (general). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D). The Board presumed regularity in the conduct of governmental affairs (E).

 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 violations of Articles 86 and 91 of the UCMJ. The record also reveals the Applicant violated Article 111, drunken driving. Violations of Articles 91 and 111 are serious offenses. The record also shows the Applicant’s Article 111 violation occurred after the Applicant had completed Level III treatment, a violation of his aftercare program. 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 Applicant contends that he should be granted an upgrade because he was denied a job promotion or employment based on his “type of discharge.” The record clearly shows the Applicant was an alcohol rehabilitation failure. Separation under these conditions generally results in characterization of service under other than honorable conditions and no other narrative reason for separation could more clearly describe why the Applicant was discharged. 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. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore consider his discharge proper and equitable. Relief denied.

The Applicant contends that “the wording of the DD214 is no longer valid as to how I enter-act [sic] in society today.” Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. 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. Examples of documentation that should be provided to the Board include proof of educational pursuits, 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 any post-service documentation for the Board to consider. 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. 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 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 91, insubordinate conduct towards a staff noncommissioned officer.

 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 .

E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

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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