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USMC | DRB | 2006_Marine | MD0600222
Original file (MD0600222.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. MD06-00222

Applicant’s Request
The application for discharge review was received on 20051114 . The Applicant requests the Narrative Reason for Separation be changed . 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 20060915 . After a thorough review of the records, supporting documents, facts, and circums tances 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 reason for discharge shall not change. The discharge shall remain Honorable by reason of alcohol rehabilitation failure.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the attached document/letter to the Board:
“ To Whom it May Concern:

 My narrative reason for separation/separation code and reentry code should be changed because at that particular time in m y life leading up to my discharge I was going through a two week period in my life were issues at home was becoming a burden on me mentally. And it was during this lapse that I carelessly resorted to alcohol. Looking back it was a desperate miscalculation that given another chance my actions would have been different. My level of alcohol consumption however did not come between my duties as a United States Marine and my family. It just briefly restricted my social life. But I can boastfully state ever since I encountered that speed bump in my life I have never had a reoccurrence of a desire to consume alcohol as a means to relieve problems.

Ever since my discharge from the Marine Corps I have maintained employment with the same company and I’m currently working on obtaining my B.A. in Public Administration and alcohol plays no part in any of this.

 It’s with this testimony I respectfully submit my request to have the following items on my DD214 changed to something reflective of my tenure as a United States Marine who received a Navy and Marine Corps medal and an Honorable Discharge.

Respectfully Submitted,
[signed] L_ H_ (Applicant)
L_ G. H_ ”


Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
 Commander, U.S. Marine Corps Force Atlantic , ltr dtd September 18, 1997
 Ltr from Applicant to Board dtd November 1, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19951012 - 19951023       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 19951024              Date of Discharge: 19970925

Length of Service (years, months, days):

 Active: 0 1 11 0 2
         Inactive: None

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

Age at Entry: 20

Years Contracted: 4

Education Level: 12                                 AFQT: 4 0
Highest Rank: LCpl                                   MOS: 0151

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 5 ( 4 )                       Conduct: 4 . 6 ( 4 )

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, Navy Achievement Medal


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
HONORABLE/ALCOHOL REHABILITATION FAILURE, authority: MARCORSEPMAN Par. 6209.
Chronological Listing of Significant Service Events :

970703:  Medical Record Entry: Staff d/c Note: Interviewed Applicant . Concur with Dr J_ note. Pt is not suicidal, homicidal, psychotic. He is medically fit for full duty and is in need of alcohol counseling. He is no t motivated for the Marines or Alcoholism treatment.
970703:  Applicant released from NAVMEDCEN, PORTSMOUTH, VA to EWTGLANT , following psychiatric evaluation. Diagnosis: DSM-IV 303.90 [Alcohol Dependence] . “ Applicant directed to return to parent command, fit for full duty. Based on a review by a “Licensed Independent Practitioner” it is recommended that the Applicant’s command arrange for the following formal treatment as soon as possible. .. Level 3: This member has been diagnosed with a Substance Use Disorder which warrants an abstinence -based treatment program. .. ”

970808:  Applicant refused treatment for Alcohol Dependence and recognized his refusal of treatment would require processing for separation.

970808:  Substance Abuse Control Officer, Expeditionary Warfare Training Group, letter to Commanding Officer, Expeditionary Warfare Training Group, Atlantic :
Diagnosis and Recommendations:
1. This member has been diagnosed with a substance use disorder which warrants an abstinence-based treatment program. Careful evaluation IAW “Continuum of Care” guidelines requires referral to a residential program at an Alcohol Treatment Facility. Applicant was also instructed to attend 3 to 5 AA meets a week.
2. Applicant was evaluated on 29 June 1997, at the Portsmouth Naval Medical Center. Diagnosed Alcohol Dependent. Disposition full duty with recommended treatment.
3. Applicant was offered level III treatment, and refused any recommended treatment from the Naval Alcohol Rehabilitation Center. As per reference (a) an y Marine who refuses to attend treatment will be processed for separation.
970812:  Report of Medical Assessment, Block 20, Health Care Provider Comments: ETO H dependent but n ot amenable to treatment.

9708 14 :  Applicant notified of intended recommendation for discharge as general (under honorable conditions) by reason of alcohol rehabilitation failure (refusal of treatment). The factual basis for this recommendation was refusal to attend level III treatment . Applicant informed the least favorable character of service possible was as general (under honorable conditions) .

970814 :  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.

970826 :  Commanding Officer, Expeditionary Warfare Training Group, Atlantic , recommended Applicant’s discharge under honorable conditions (general by reason of alcohol rehabilitation failure (refusal of treatment). The factual basis for this recommendation was Lance Corporal H_’s (Applicant) refusal of level III treatment . Commanding Officer’s comments: “ I am thoroughly convinced that Lance Corporal H_ (Applicant) is unsuitable for further military service .”
970918 :  SJA review determined the case sufficient in law and fact and recommended an honorable characterization.

970918 :  GCMCA, Commander, U.S. Marine Corps Forces, Atlantic , directed the Applicant's honorable discharge by reason of alcohol rehabilitation failure (refusal of treatment) .

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970925 by reason of alcohol rehabilitation failure (A) with a service characterization of honorable. 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 implies that he was not an alcohol rehabilitation failure, but was misdiagnosed because of personal issues. The Applicant contends that on this basis, his narrative reason for separation is improper and should be changed. The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. Neither the evidence of record nor the documentation submitted by the Applicant show that his discharge was improper or inequitable. The Applicant was diagnosed by competent medical authority as being alcohol dependent on 19970703. On 19970808, the Applicant refused treatment. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. To change the Narrative Reason Separation would be inappropriate. Relief denied.

The following is provided for the edification of the Applicant. 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. An Applicant’s narrative reason for separation is not normally changed on the basis of post-service insight. Relief on this basis would be inappropriate.

Regarding the Applicant’s request for a “reentry code” change, the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces. Therefore, the 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.

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 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 .


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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