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USMC | DRB | 2005_Marine | MD0501182
Original file (MD0501182.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. MD05-01182

Applicant’s Request
The application for discharge review was received on 20050706. 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 20060131. 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) 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 requested that my discharge be upgraded to an Honorable discharge. I was discharge because an alcohol problem. I’ve been through An treatment program now I’m alcohol free.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: (Information not contained in Service Record Book)
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19960618             Date of Discharge: 20000103

 Length of Service (years, months, days):

 Active: 03 06 15
         Inactive: None

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

 Age at Entry: 18

Years Contracted: 4

Education Level: 12                                 AFQT: 51

 Highest Rank: LCpl                                  MOS: 3531

 Final Enlisted Performance Evaluation Averages (number of marks):

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

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214) : Meritorious Unit Commendation, Certificate of Commendation, Rifle Qualification Marksman Badge


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 :

UNDATED:         Pvt M. L. B_ (Applicant) assigned to the Remedial Weight Control And Military Appearance Program at the Marine Corps Detachment, Fort Leonard Wood, Missouri.

970131:  Counseling: Advised of deficiencies in performance and conduct (alcohol related incident in which my consumption under the legal age of 21, resulted in my arrest for DUI), necessary corrective actions explained, sources of assistance provided.

981203:  NJP for violation of UCMJ, Articles 111, 134 (2 specs):
Charge I, Specification: In that LCpl M. L. B_ (Applicant), HqCo, MSGBn, Quantico, did on board MCB Quantico, VA, on or about 13 Nov 98, physically control vehicle, to wit: passenger car while impaired which caused his vehicle to strike another vehicle.
Charge II, Specification 1: In that LCpl M. L. B_ (Applicant), HqCo, MSGBn, Quantico, was on board MCB Quantico, VA, on or about 13 Nov 98, drunken and disorderly which conduct was of a nature to bring discredit upon the armed forces.
Charge II, Specification 2: In that LCpl M. L. B_ (Applicant), in a vehicle at the time of an accident in which the said was involved, and having knowledge of said accident, did, on or about 13 Nov 1998, did wrongfully leave the scene of the accident.
Award: Restriction 7 days (suspended for 6 months, unless sooner vacated) and extra duty for 14 days. Not appealed.
990128:  Applicant acknowledged understanding of eligibility but not recommended for promotion to Cpl for the month of Jan, Feb, Mar, 99 promotion period because of recent NJP. Applicant chose not to make a statement.

990217:  Medical evaluation done by J_ T. B_, LT, MC, USNR: Single 21 year old LCpl in for Alcohol Dependency evaluation. Command referred patient 2 nd Alcohol related incident. Arrested patient refusing a breathalyzer test. Unsure how much alcohol he consumed that night relates history of not being able to control amount of ETOH he consumed. Has had blackouts in past. Occasionally has cravings for ETOH. Spends about 3.5 days per week consuming various amounts of ETOH. Has history of with draws 5 times. (Restlessness, insomnia, anorexia and nausea.) Has uncles who have problems with alcohol. Denies Suicidal ideations, Homicidal ideations or illicit Drug use.
         Assessment: Alcohol dependent
         Plan: 1. Intensive outpatient treatment
         2. Abstinence, pp MTAS
        3. Patient advised
4.       RTC Prn
990423:  Naval Addictions Rehabilitation Department, Norfolk, VA. Letter states that the Applicant completed treatment for substance abuse issues. Applicant entered treatment on 990329 and did successfully complete the program on 990423.
        
990702:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the July, August, and September promotion period because of failure to maintain Marine Corps weight standards. Applicant chose to make a statement.

991028:  Counseling: Advised of deficiencies in performance and conduct (Failure to comply with Marine Corps Substance Abuse Aftercare Program. On 991011, I was caught driving under a suspended license while intoxicated and resisting arrest.), necessary corrective actions explained, sources of assistance provided, advised of recommendation for administrative separation for failure to comply with the aftercare treatment program.

991105:  Director, Consolidated Substance Abuse Counseling Center (CSACC), Evaluation. Lance Corporal M_ L. B_ (Applicant) is a 22 year old Black, married, male, Marine with three years and three months of continuous active service. His EAS is 16 Jun 2000. SNM was command referred because of his third alcohol related that occurred on 30 Sep 1999. Military authorities apprehended SNM when he was noticed speeding on base (40 mph in a 25mph zone). When contact was made, a strong odor of alcohol was noticed emitting from his breath and person. He submitted to the Breathalyzer that resulted in a reading of .30 BAC. He admits drinking a “large” quantity of beer on the night of the incident. His first incident occurred during 25 Jan 97 when he was arrested for DWI (BAC .16). The second incident occurred during 13 Nov 98 when he was again arrested for DWI (BAC .16). The client attended Outpatient treatment in Jul 97 and Residential treatment in Mar 99. Lance Corporal B_ (Applicant) did not attend his continuing care meetings as prescribed nor did he attend any self-help meetings. The client stated, “I know I can benefit from the meetings, but I still refuse to attend.” Lt. F_ diagnosed SNM for alcohol dependency on 17 Feb 99 with a recommendation to attend Residential Treatment. Because of his noncompliance to his continuing care plan and his third DWI in two years, he is recommended as a treatment failure. He currently meets seven of the DSM-IV criteria for alcohol dependency 303.90.
         1. Tolerance
         2. Withdrawal
         3. Loss of control, using more than intended
         4. Unsuccessful attempts to modify or control use
         5. Excessive time involvement
         6. Lifestyle change due to use
         7. Using, knowing it causes other problems

         Impression: 1. Alcohol Dependence DSM IV 303.90
                  2. Treatment Failure
        
         Recommendations : 1. Dependency exam by a Medical Officer
                           2. Treatment Failure
3.       Administrative separation per MCO
991129:  CSACC Report: SNM was diagnosed with Alcohol Dependence by Lt F_, Naval Medical Clinic, MCB Quantico, VA. SNM was then referred to the Addictions Rehabilitation Department at Norfolk. Based on the information provided, SNM is considered a rehabilitation failure because of his failure to adhere to treatment recommendations.
         Recommendation: (1) Abstain from alcohol and all other mood altering substances. (2) Hold strictly accountable for future incidents. (3) Administrative separation in accordance with reference (a).

991206:  Applicant notified of intended recommendation for discharge by reason of Alcohol Rehabilitation Failure with a characterization of service of General (Under Honorable Conditions). The factual basis for this recommendation was failure to comply with the recommended Level 3 Alcohol Treatment aftercare program. The Applicant failed in his aftercare treatment by driving while intoxicated on a suspended license, and resisting arrest, just four months after completing six-weeks of in-patient treatment.
991206:  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.

991206:  Commanding Officer, Marine Security Guard Battalion, recommended to the Commanding General, Marine Corps Base, Quantico, VA, that the Applicant be discharged due to his failure to comply with level 3 Alcohol Rehabilitation Aftercare program. The Commanding Officer recommended that the Applicant receive the least favorable characterization of service for this offense.

991216:  SJA review determined the case sufficient in law and fact.

991216:  Commander, Marine Corps Base, Quantico, VA, advised the Commandant of the Marine Corps that the Applicant will be discharged with a general (under honorable conditions by reason of alcohol rehabilitation failure.

 Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000103 by reason of alcohol rehabilitation failure (A) with a service characterization of general (under honorable conditions). 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 (B and C). The Board presumed regularity in the conduct of governmental affairs (D).

 When the service of a member of the U.S. 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 Applicants was arrested for driving while intoxicated (DWI) on 19970125 and 19981113. The second DWI incident resulted in a nonjudicial punishment proceedings for violations of Articles 111 (drunken driving) and 134 (drunk and disorderly, leaving the scene of an accident) of the UCMJ. The Applicant completed the inpatient phase of a Level III Alcohol Treatment Program but subsequently failed his aftercare treatment by refusing to attend the required meetings. 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.

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. 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 alcohol rehabilitation 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. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

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

D. 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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