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USMC | DRB | 2005_Marine | MD0501496
Original file (MD0501496.rtf) Auto-classification: Denied


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

ex-Cpl, USMC
Docket No. MD05-01496

Applicant’s Request
The application for discharge review was received on 20050906. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Applicant requests a personal appearance hearing discharge review before the Board in the Washington National Capital Region and a traveling panel. The Applicant did not designate a representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in Washington DC at the Washington Navy Yard. The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060601. 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:

“Some of the document was falsified wanting to use my GI Bill but my time served here is being counted against my time to use my G.I. Bill Reconsidering enlistment to support troops overseas”

* There were no additional issues attached to the Applicant’s DD Form 293.

Documentation
Only the service record book and medical record were 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)    19980731 – 19980817               COG
         Active: USA(RA)           19880929 – 19950914               HON

 Period of Service Under Review :
Date of Enlistment: 19980818             Date of Discharge: 20020530

 Length of Service (years, months, days):

 Active: 03 09 13
         Inactive: None

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

 Age at Entry: 29

 Years Contracted: 5

 Education Level: 12                                 AFQT: 55

 Highest Rank: Cpl                                   MOS: 6113

 Final Enlisted Performance Evaluation Averages (number of marks):

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

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Qualification Badge (Marksman), Pistol Qualification Badge (Sharpshooter), National Defense Service Medal, Meritorious Mast, Driver Badge with Wheel, Army Lapel Button, Mechanic Badge, Army Achievement Medal (4 Awds), Army Service Ribbon, Army Good Conduct Medal (2 Awds), Overseas Service Ribbon, Noncommissioned Officer’s Professional Development Ribbon.


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 :

001123:  Applicant arrested for Driving Under the Influence (DUI) by North Carolina State Police near Whaley, NC.

001218:  Acknowledged understanding of eligibility but not recommended for promotion to Sgt for the month of Jan, Feb, Mar 01 Prom due to DUI. Applicant chose not to make a statement.

010111:  Substance Abuse Counseling Center: Applicant screened.
 Diagnosis: Alcohol Dependent.
Treatment: Intensive Outpatient Program.
010209:  Applicant completed Substance Abuse Counseling Center IMPACT Education Program for Alcohol Dependence.

010223:  Branch Clinic: Applicant diagnosed as Alcohol Dependent.

010227:  Substance Abuse Counseling Center: Applicant began IOP.

010228:  Branch Clinic: Applicant placed on Antabuse and Naltrexone.

010326:  Acknowledged understanding of eligibility but not recommended for promotion for the month of Apr, May, Jun 01 Prom period because Applicant was not ready to receive the responsibilities of a Sergeant. Applicant chose not to make a statement.

010328:  Director, Substance Abuse Counseling Center, Marine Corps Air Station, New River: Applicant successfully completed outpatient treatment. Applicant agreed to continuing care program.

010329:  Counseling: Advised of deficiencies in performance and conduct (Conviction of Driving Under the Influence (DUI) (BAC .13) by North Carolina State Police near Whaley, NC on 001123.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010402:  Branch Clinic for Acute Antabuse Reaction-Not tested for ETOH.
         SNM claimed to have used wrong deodorant, which contained alcohol.
         MO notes indicates SNM was instructed to remain abstinent.

010607:  SACC, Screened, Diagnosis: Alcohol Abuse. Treatment: Pending staffing.

010608:  Cpl J_ P. H_ was the subject of staffing this date to determine if SNM should be recommended for further treatment or should be determined a treatment failure and recommended for separation. During the staffing it was determined that SNM failed to comply with his continuing care plan (failed to attend required AA meeting and failed to commit to remain abstinent). As a result, SNM has been deemed a failure and should be processed for separation from the USMC in accordance with MCO 5300.12 and MCO 1900.16.

010622:  Director, Substance Abuse Counseling Center, Marine Corps Air Station, New River: Applicant was terminated from Continuing Care as a treatment failure, which was concurred by a medical doctor. Applicant failed to comply with MCO P5300.12A and should be processed for Administrative Separation.

UNDATED:         Acknowledged understanding of eligibility but not recommended for promotion for the month of Jul, Aug, and Sep 01 Prom period because of DUI Conviction. Applicant chose not to make a statement.

010709:  Applicant acknowledged Statement of understanding of treatment for substance abuse at a Veterans Administration Medical Center after discharge.

UNDATED:         Acknowledged understanding of eligibility but not recommended for promotion to Sgt for the month of Oct, Nov, and Dec 01 Prom period because of level 2 failure. Applicant chose not to make a statement.

020206:  Applicant notified of intended recommendation for discharge with a characterization of service as general (under honorable conditions) by reason of by reason of Alcohol Abuse Rehabilitation Failure. The least favorable characterization of service is under other the honorable conditions. The factual basis for this recommendation was your being deemed a Level III treatment failure.

020206:  Applicant advised of rights and having elected not to consult with counsel, elected to appear before an Administrative Discharge Board and obtain copies of documents supporting proposed discharge.

020206:  Commanding Officer, Marine Helicopter Training Squadron 302, recommended to the Commanding General, 2d Marine Aircraft Wing, via the Commanding Officer, Marine Aircraft Group 29, the Applicant’s discharge with a general (under honorable conditions) under paragraph 6209 of the MCO P1900.16F .

020313:  Notification corrected: Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of Alcohol Abuse Rehabilitation Failure. The factual basis for this recommendation was your being deemed a Level III treatment failure.

020315:  Administrative Discharge Board Report: By majority vote, the board found that the preponderance of the evidence proved all acts or omissions alleged in the notification and recommended discharge with a general (under honorable conditions).
020328:  Commanding Officer, Marine Helicopter Training Squadron 302, consistent with Administrative Discharge Board findings and recommendations, recommended to the Commanding General, 2d Marine Aircraft Wing, Applicant’s discharge with a general (under honorable conditions).

020508:  SJA review determined the case sufficient in law and fact.

020508:  GCMCA, Commanding General, 2d Marine Aircraft Wing directed the Applicant's discharge with a general (under honorable conditions) by reason of alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020530 by reason of alcohol rehabilitation failure (A) with a service characterization of general (under honorable conditions). 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 (B and C).

The Applicant contends that some documents were falsified. By regulation, a discharge shall be deemed proper, unless it is determined that an error of fact, law, procedure, or discretion has substantially prejudiced the rights of the Applicant. The Applicant was discharged with a general (under honorable conditions) by reason of alcohol rehabilitation failure. A review of the Applicant’s service record convinced the Board that a preponderance of evidence exists to support the Applicant’s basis for separation by virtue of his retention warning on 20010329 for conviction of driving under the influence and a staffing report of 20010608, which indicated that the Applicant failed to attend required AA meetings and to commit to remain abstinent, resulting in a Level III failure. The record further reveals that the Applicant was properly processed and notified for separation by reason of alcohol rehabilitation failure with a least favorable characterization of general (under honorable conditions). On 20020315, a properly convened Administrative Board, by majority vote , found that the preponderance of the evidence proved all acts or omissions alleged in the notification and recommended discharge with a general (under honorable conditions). On 20020328, the Commanding Officer, Marine Helicopter Training Squadron 302, agreed with Administrative Discharge Board and recommended that the Applicant be discharge with a general (under honorable conditions) . On 20020508, the Commanding General, 2d Marine Aircraft Wing directed the Applicant's discharge . Based upon the above review, the Board unanimously concluded that the Applicant’s discharge processing was in compliance with applicable statutes, rules, and regulations. It is incumbent upon the Applicant to establish his issues through the presentation of substantial and credible evidence. There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that documents were falsified. The Applicant’s statements alone are insufficient to establish his claims. Relief denied .

The Applicant is advised that the Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits or enhancing employment and educational opportunities. Additionally, the Board has no jurisdiction over reenlistment, reentry, or reinstatement into any of the Armed Forces. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. These issues do not serve to provide a foundation upon which the Board can grant relief. Relief on this basis is 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 post-service accomplishments or any other evidence related to the discharge at that time. 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 P1600.19F), effective 01 Sep 2001 until Present, 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 .






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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