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USMC | DRB | 2006_Marine | MD0600070
Original file (MD0600070.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD06-00070

Applicant’s Request
The application for discharge review was received on 20051005. 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 20060908 . 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 Honorable Conditions (General) by reason of alcohol rehabilitation failur e.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application to the Board:

“I went through an treatment program in 1995 and been sober since. I would like an honorable discharge so I can go into the National Guard. New Path in Flint, Michigan. I couldn’t get any papers because it has been to long. I tried to locate the probation officer I had, she has retired.”
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)    19910322 - 19910423                        COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19910424             Date of Discharge: 19931029

 Length of Service (years, months, days):

 Active: 02 06 06
         Inactive: None

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

 Age at Entry: 18

Years Contracted: 4

 Education Level: 12                                 AFQT: 52

 Highest Rank: LCpl                                  MOS: 2542

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (4)                                Conduct: 4.4 (4)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle sharpshooter Badge, National Defense Service Medal, Letter of Appreciation, Sea Service Deployment Ribbon w/ 1 star.


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 :

921130:  NJP for violation of UCMJ, Article 134: At Minatogawa Sea Wall, Oki, JA on or about 1815, 921108, did knowingly contribute to the delinquency of a minor by providing alcoholic beverages to F. R. C_ and J. E. A_ who’s ages were known to be 14 and 13 years.
 Award: Forfeiture of $213.00 pay per month for 1 month, restriction and extra duty for 14 days (Suspended for 6 months). Not appealed.

 921201:  Counseling: Advised of deficiencies in performance and conduct (Extraordinarily Poor Judgement, specifically providing alcohol and contributing to the delinquency of a minor.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930329:  Camp Kinser Medical Clinic. Medical evaluation: Single 20 year old male presents here for dizziness weakness x 1 day. Patient relates drinking alcohol from around 1630 to 2230 on last p.m. Patient states nausea and vomiting. Patient states abdominal cramping. Patient has no related illnesses.
         History as above. Reports ------ - - 6 pack beer yesterday. Reports drinking up ½ case beer/week --- 5/shots /week. Positive history of black-out 2 times at age 17 year old. Began drinking at age 14 years old with first drink at age 17 year old. Patient reports seeing -------- counselor at age 17 year old for EtoH – abuse. Negative history of DT’s or EtoH ------ ------- seizers or hallucinations. Patient denies suicidal/homicidal thoughts or plans at present. Negative history of suicide attempts . N egative history of inpatient mental illness treatment. Negative FH mental illness. Postive m aternal grandfather was alcoholic . Patient currently reports for 2 month h/o no appetite and difficulty sleeping. Has difficulty keeping up with hobbies 20 hour work schedule.
          A: 1. dehydration 2 EtoH intoxication
         2. r/o adjust ment disorder with mild depression – not acutely suicidal/homicidal
          P: routine out patient Mental Health Clinic referral for evaluation for poss. Outpatient rx
         -SACO referral
         -case discussed with GYSGT S_ & Sgt.

 930407:  Consolidated Substance Abuse Counseling Center evaluation by R_ R. C_ SSGT, USMC, SAC: LCPL T_ (Applicant) is a single, white, male, 20 years old. SNM has 24 months active duty. He was referred to this facility his command due to a suspected alcohol problem. Client was interviewed on 2 April 93 by SSgt C_. Client was UA from work and disrespectful to a NCO due to his intoxication. On 29 March 93 LCPL T_ (Applicant) was diagnosed by a Medical Officer as having an adjustment disorder with mild depression. Client disclosed to the MO of having a high alcohol use, and receiving outpatient Tx for alcohol abuse at 17. His command is contemplating Disciplinary Actions. Information for this screening was obtained form client’s SRB, HR, SACO’s write up, and interview. This is LCPL T_’s second alcohol related incident. He received NJP for purchasing alcohol for minors on his first incident in Dec. of 92. Client claims to come form and intact family. He denies either parent as having a problem with alcohol. Client stated his grandfather is an alcoholic. Client stated on the day of the incident he had 7 or more beers to drink. He disclosed going to work with a hangover at least 4 times and having coworkers comment on the state he was in. LCPL T_ (Applicant) has stated he was drinking about ½ a case of beer and 1-2 shots of J_ D_ (Whiskey) and Coke, every ot her night. SNM claims he now is drinking about the same amount every night. Client disclosed that he can not stop drinking once he starts. He claims he drinks for enjoyment and to get intoxicated.
          Client claims to have gotten a DWI in Aug of 1990, with a BAC of .11%. T_ (Applicant) disclosed he had binged for up to 3 days at a time. He stated some of the physical discomforts he gets from drinking are hangovers, vomiting, dry mouth, and blacking out at least 4 times within the past 13 months. SNM denies ever passing out. He claims to have heard voices and had mild shakes at times. During the interview I did not notice the Marine shaking. SNM disclosed if he is off for the day he will start drinking as early as 1200 hours or earlier. SNM claims he has noticed his drinking is getting out of control, and he is ashamed of it. LCPL T_ (Applicant) stated that his drinking has doubled in amount, and it takes twice the amount to achieve the buzz he wants to get. T_ (Applicant) claims he is willing to take a good look at where he is with his drinking and make some changes.
         SNM claims when he drinks alcohol he becomes frustrated, and relieves this frustration by punching walls or other object. Client admits he does not always recall the nights events. T_ (Applicant) disclosed needing to have a drink upon waking up to recover from the hangover he has. Client claims to spend 50% or more of his time indulging in alcohol, and spending $30 or more a week on alcohol. LCPL T_ (Applicant) does not consider himself a normal drinker, and states that drinking affects his reputation, and helps him escape his troubles. Marine claims to be depressed a lot about everything. It was noted in his SRB he went for counseling after making a suicidal statement in school. I asked him if he still has any of these thoughts and he said no.
         Marine has claimed to be unsuccessful in attempts to quit drinking on his own, and still continues to drink although it has gotten him into trouble.
         LCPL T_ (Applicant) was on time for his interview and dressed in the appropriate uniforms. SNM seemed genuinely honest with his comments. Client scored 16 on the MAST. A score greater than 10 indicates alcoholism.
         Impression: Alcohol Dependency 303.90 as stated in the DSM-III-R evidenced by: (1) Uses more than intended, (2) Unsuccessful efforts to control use, (3) Excessive tine involvement, (4) Use interferers with responsibilities or safety, (5) Uses knowing it causes other problems, (6) Tolerance.
         Recommendations: (1) Be evaluated by a Medical Officer to confirm counselor’s impression, (2) if Medical Officer concurs SNM attend Level III Tx. (3) SNM remain abstinent from alcohol, (4) Attend 2 AA meetings a week until Tx. (5) Attend CREDO for Personal Growth.

930412:  Medical evaluation: 20 year old white male present for evaluation for EtoH Dependence -after EtoH related incident 29 March 93. Patient repots last Etoh-use was 28 March 93 – prior to that patient reports drinking ½ - case beer/day &1-2 shots of gin 1 day x 2-2 ½ months. Was seen by civilian counselor at age 17 years old for EtoH abuse. Denies EtoH withdrawals seizures/hallucinations & no history DT’s. Reports positive mild right hand tremor x 1-2d after d/c of EtoH use but none since
         A: probable Etoh dependence – no evidence for detox at this time.
          P: 1. Agree with level III 2. LFT’s HIV CBC pending 3. Patient to go to USNH Le ster O utpatient Mental Health Clinic for evaluation of mild depression this week.

930422:  Naval Hospital Okinawa, Outpatient Mental Health Clinic. Medical evaluation by D. K_A, LCDR MC USNR: 1 st psych evaluation for this 20 year old single male LCpl/AD/MC with 2 years ACDU stationed with HS BN, 3d FSSG, Camp Kinser, Okinawa. On interview he described loneliness, which he said was worse when he drank, and had improved some now that he had stopped drinking. There were no vegetative signs of depression. Sleep was impaired from time to time, but this was not surprising given his large intake off caffeine. He had been screened for level III, and SSgt C’s note clearly documented alcohol documented alcohol dependence. He will begin ARD in about 10 days.
         PH: Significant for a suicidal statement in high school, after which he was seen for two visits by a psychiatrist. There was no past history of serious suicidal thoughts or suicide attempts. He graduated high school. Leisure activities include running and listening to music. He is single and has never been married. There was no significant past medical history. Family history was significant for alcoholism in his maternal grandfather.
         MSE: Alert and fully oriented. Neatly dressed and groomed. No psychomotor abnormality. Mood lonely. Affect full and appropriate. Speech linear and logical. No evidence of psychosis. Strongly and repeatedly denied thoughts of suicide. Not homicidal. Cognition intact. Insight and judgement not impaired.
         IMP: Alcohol Dependence, Moderate
         Plan: 1. Concur with the recommendation for level III treatment. 2. While awaiting treatment he should attend AA meetings and abstain from alcohol. 3. Psychiatric follow up is not indicated, but the member understood that he would be seen as needed on request.

930519:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86:
         Specification: At SvcCo, HqSvcBn, 3d FSSG on or about 1945, 930328, fail to go at the time prescribed to his appointed place of duty to wit: the Telecommunications Center. Finding : Guilty
         Charge II: violation of the UCMJ, Article 91:
         Specification: At SvcCo, HqSvcBn, 3d FSSG on or about 930328, was disrespectful in language and deportment toward Cpl V. L. M_, USMC. Finding : Guilty
         Charge III: violation of the UCMJ, Article 134:
         Specification 1: At SvcCo, HqSvcBn, 3d FSSG on or about 930328, was drunk and disorderly. Finding : Guilty
         Specification 2: At SvcCo, HqSvcBn, 3d FSSG on or about 930328, was incapacitated for the proper performance of his duties. Finding : Guilty
          Finding: to Charge and the specification thereunder, guilty.
          Sentence: Forfeiture of $500.00 pay per month for 1 month, restriction for 45 days and reduced to E-2.
         CA action 930519: Sentence approved and ordered executed.

930521:  Ltr from the Director, Consolidated Substance Abuse Counseling Center, (CSACC), Marine Corps Base, Camp S. D. Butler, dtd May 21, 1993.
         Subj: Rescheduling of Level III Treatment Attendance

 930 601 :  Applicant admitted to the Level III treatment.

930714:  US Naval Hospital Okinawa. Interim Summary Discharge note.
         Course of treatment: Routine alcohol recovery provided. Pt refused antabuse as an adjunct to treatment. No sickcall visits made during Level III treatment. Discharged as treatment failure due to major rule infractions.
         Patient Follow-up: 1. Abstain from alcohol & tobacco
                           2. Attend 3-5 AA meetings per week for one year
                           3. Follow-up with SACO per After Care Plan
                           4. Follow-up with BAS for any medical problems
         Discharged to full duty .

930719:  Ltr from Commanding Officer, U. S. Naval Hospital, Okinawa: Release from Level III, Alcohol Rehabilitation Treatment-
         1. On 14 July 1993, LCPL T_ (Applicant) was dropped from treatment due to general non-compliance with the Level III treatment program.
         2. Lcpl T_ (Applicant)’s overall prognosis is considered poor. This suggests a need for a strong follow-up program (Level II), and close monitoring for a return to heavy drinking and possible alcohol related problems. As required by ref (a). and (b) it is recommended that you provide the following:
 a. Periodic interviews with the member to discuss his progress, and ability to cope with personal problems.
b. Continued attendance at Alcoholics Anonymous meetings, usually three to five per week, for at lease one year.
 c. The availability of Antabuse 250mg daily, for at least one year, directly supervised by a designated member of your command, unless medically contrainedicated. Service members have the right to accept or decline the offer of Antabuse (ref. B). If member desires Antabuse o r is already taking Antabuse, Liver Function Test (LFT’s) should be conducted routinely by your medical department staff. We recommend 30 days after hospital discharge then every six months while on Antabuse.
3. Conduct and disciplinary problems are commonly experienced with patients who fail to complete Level III Treatment successfully. Appropriate disciplinary measures and expeditious discharges are recommended when appropriate.
4. It is standard practice to recommend administrative separation for personnel who fail to complete Level III Treatment. Reference (a) will guide you.
930920:  Applicant notified of intended recommendation for discharge with a characterization of service as general ( under honorable conditions ) by reason of alcohol rehabilitation failure.

930920:  Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

 930922:  Commanding Officer, Headquarters and Service Battalion, 3d F o rce Service Support Group, Fleet Marine Force, Pacific recommended Applicant ’s discharge with a general (under honorable conditions) by reason of alcohol rehabilitation failure. The factual basis for this recommendation was the Applicant’s failure of the Level III Alcohol Rehabilitation treatment program due to his general non-compliance while in treatment. By his actions, the Applicant has demonstrated that he has no potential for further military service.

930929:  SJA review determined the case sufficient in law and fact.
931001:  Commanding Officer, 3d Force Service Support Group, directed the separation of Applicant with a general ( under honorable conditions ) discharge by reason of alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19931029 by reason of alcohol rehabilitation failure (A) 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 (B and C).

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 Applicant’s service was marred by a retention warning, a nonjudicial punishment proceeding (for violating UCMJ Article 134 by providing alcohol to two minors), and a summary court martial for violations of UCMJ Articles 86 (unauthorized absence), 91 (disrespect to a noncommissioned officer), and Article 134 (incapacitation for duty). Violations of Article 91 (disrespect towards a noncommissioned officer) are considered serious offenses for which a punitive discharge is authorized at courts martial. 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.

The Applicant requested and upgrade so that he could join the National Guard. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces. Reenlistment policy of the Marine Corps is promulgated by the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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 P1900.16D, effective 890627 until 950817), 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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