DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW
DECISIONAL DOCUMENT


FOR OFFICIAL USE ONLY


ex-Pvt, USMC
Docket No. MD06-00290

Applicant ’s Request

The application for discharge review was received on 20051130 . 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 20061025 . 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.

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant ’s issues, as stated on the application and/or from an attached letter to the Board:

“Dear Sirs and Madams:

I am writing this to tell you a little about me. I enlisted in the Marine Corps, and had the world before me. Upon completion of boot camp, I reported to Camp Geiger, N.C. for ITB.(Infantry Training Battalion) I had scored high on my ASVAB’s and my recruiter had tried to discourage me from going into the Infantry, but I would hear none of it. I wanted to be a “grunt.” I was to go through the 0311 course for Basic Riflemen, and the to the 0351 school, for Anti-Tank Assaultman. I was progressing well, until a hump, where 1 felt a sharp and sudden pain in my groin. It was intense, and excruciating, and I almost fainted. I immediately notified my Class Commander, and Sgt. H_, how took me to the side of the road, and called a Corpsman. Upon inspection of my groin, we all noticed my testicle was swollen to 3 times it normal size. I was placed in a HMMWV, and transported to a field aid station. Upon arriving, I was told by the Doctor, I had a STD, given a 30 day supply of Doxycyxlin and returned to the field. The pain continued, and I was unable to sleep, and I began to walk bow legged, due to the size of my testicle. I was eventually pulled from the field, and place in a Platoon called RTT. (Return To Training Platoon) The name belied the nature of the platoon. It was full of malingerers, drug poppers, and a sundry list of Marines who were below even sub-standard. 95 percent of these Marine were awaiting Bad Conduct, to Dishonorable discharges, and cared little of the Marine Corps, or anything Military. I was in this platoon for several months, during this time I was under constant medical care, but to naught. The doctors kept telling me it was an STD, and it would clear up. After my 5 ^th month of strong anti-biotic treatment, I asked for a second opinion. I was then place on a steady regimen of narcotic pain relievers, and told I could pass a fitness test, and return to train, but not as a 0300. 1 was then transferred to the Marine Combat Training Battalion, for all non-infantry related MOS’, and graduated school.

I was sent to Fort Leonard Wood, MO, an Army post, with a Marine Detachment, and was to become a 3531, Motor Transport Operator. I reported to school, and was told there was a note in my SRB about my condition, and first thing in the morning, I was to report to a Doctor, and be examined. He saw me, and placed me on light duty, as the problem was not resolved, I was just not able to feel it, due to the drugs. I was placed into another platoon, this one called Holding Platoon. This platoon was somewhat better the RTT, as there were Marines there who were waiting to pick up a class, or had some medical conditions. There was an overwhelming number of Marines who were waiting discharge though. There was drug abuse in the barracks, alcohol abuse, and a list of other offense’ going on, that the higher ups turned a blind eye too, because, the Marine are on their way out, and if” they don’t care, neither do I.” I was shocked, and amazed at the atrocities, but, I could do nothing, I was a lowly, PFC.

I kept bird dogging my doctors, and pushing for a diagnosis, and they could not come up with one. I was very frustrated, and I was in a sub-student environment, not quite a recruit, but not a “real” Marine. The holding Marines were the black sheep of the detachment. They went on “working parties” which consisted of all the crap work no one else wanted to do. A large portion of the time it was basically hazing. I did not complain. I believed the Army Doctors would find something the Navy missed, and I would be in school soon. I was wrong. I was in the holding platoon for over 18 months. The longer I was there, the more NCOs’, and Staff NCOs’ came to know me. Most were stellar Marines, and I loved their company. I became great friends with many, and upon them drawing duty, I would volunteer to be an assistant to the Duty NCO, or, they would volunteer me, for my company. There were several Marines there, who did not deserve the uniform, and came to hate me. They were NCOs’ and Staff NCOs’ who held a perverted pleasure in making my life hell. They would tell students I was gay, they would tell female students I has Syphilis, Chlamydia, or Gonorrhea, and then would laugh about it. I still had trouble walking, and from a distance, anyone who knew me, would know it was me from the distinct bowleg I had developed. I became an assistant to the barracks manager, and wonderful Marine named C_ C_. He took me under his wing, and protected me from much of the abuse, but, when he went home, my tormentors would show up, on the pretense of looking in on their students, and would harass me.

I became quite adept at waxing floors, and some of my tormenters, who were class commanders, told me I would buff the floors for their classes, since” their students were real Marines, and you are a piece of shit Marine.” I came to accept, and expect, these sorts of “duties.” I ran into Sergeant Major G_, who was the DET SgtMaj, at the corner store. He asked what I was still doing here, and why I looked like hell. I told him, I was having difficulties from certain Marines above me, he asked for names, I would not say. He demanded names, and I did not furnish them, he asked why I would not finger my tormentors, I told him, I did not believe they deserved the punishment he would dole out. He made me his Aide-de-Camp, and I served in that position for several months. I loved working for him.

During my time working for the Adjutant, I had a set of Dress Blues, with ribbons I did not rate on them. I had never worn them, as of yet, but, one of the NCOs’, came into my room, when I was not there, broke the lock on my wall locker, and brought them to the attention of the SgtMaj. I was given a serious dressing down, and received NJP for this offense. I was sorry for that act of stupidity. Unfortunately, as a result of this, I was no longer able to work in that position. There is no excuse for this action, and I have no defense to offer, and would not insult you with a pathetic story.

After this offence, I was sent back to the same thing I had done before. At the whim of whoever wanted to make my life a hell on earth. I was subjected to daily ridicule, and some was deserved by owning awards I did not rate. I realize I should have expected some, but, the outpouring of the resentment that came at me. If I thought it was bad before, I had seen nothing yet.

I will not go into the details, but, my life was rough for several months, and I deserved some, as I said, but not all of it. I turned to alcohol during this time, because it helped make me numb, and took away some of the constant fear. I am not going to lie, and say it mad me drink, or drove me into the bottle. I drank in high school, and was drunk many times. I had a few little problems from alcohol then to. Nothing involving law enforcement just stupid things done by a drunken child. I had never reached the level of trouble with my drinking before I got into the Service.

I was drinking a lot, but, I was not getting into trouble. I would drink, come home, sleep it off, and go about my day. During this time, I was still on a steady ration of narcotics from my doctors, while they tried to figure out what was wrong with me. The Percocet and Demerol made the alcohol even more potent, and mad me drunk much quicker. At this point in my life, I am still dealing with a testicle the size of a orange, a mother who has died, constant physical pain, constant emotional pain, facing a constant barrage of ridicule and abuse from certain Marines, and above all else, a problem with alcohol abuse fast spinning out of control.

After I had been there for a year, I was home on leave, and my Father, gave me my Mothers car. It was a free car, and a nice car. I drove it back to Fort Leonard Wood. I knew students were not allowed POV’s, but, I honestly did not care. By this time, I had been in the Marine Corps for about 20 months, no chance for leaving on the horizon; I was at a breaking point. I needed a way to get away from it all, and I used that car for a while, to escape. On the weekends for a few months, I would not drink, but go to secluded areas in the Ozarks, and just release anger, sadness, and a bevy of other emotions. I enjoyed my new found freedom, and I explored the areas around Fort Leonard Wood. I knew it was wrong, but, it helped me get through a lot. When I would be getting dumped on by one of them, I would smile inside, knowing I had a secret.

I eventually made my ways to the bars, and for a while, to cabs to, and from. After a while, I drove, and then I drove drunk. I received a DUI, and was back in the hell storm again. I have no excuse for this either. I own my mistakes, and I have made many. The only thing I have on my side, the only extenuating factor, is the length of time I spent there, and the abuse I went through.

I do not want to be perceived as a whiner, or a thin skinned individual, but, I endured a lot of abuse in my time there. I am a man, who put up with his dues in basic, and I earned the title of Marine. Contrary to what some Marines there thought, I was, and always will be a United States Marine.

After my DUI, I was called in for a meeting with the SACO. Our SACO was named GySgt. R_ and he did not like me. He told me, the only way for me to stay in, was for people to think I was a through, and through alcoholic. I strongly believe I was not a full blown alcoholic at the time. I was a serious alcohol abuser, on my way to alcoholism, but, I was not there yet. He told me the answers to the questions, and that I should tell a computer test I drank more then I did. In his words, “it is a month’s paid leave, and girls in rehab will give it up easy.” I honestly thought, cool. I arrived at Norfolk, NOB, to ARD, the rehab center. I realized while there, I should slow down, but, I did not believe most of the people there were alcoholics, they were there, because they made a mistake, and were sent.

GySgt. R_ followed no of the protocols for me to be. I was supposed to spend three days in the hospital, “drying out,” I was supposed to fly on a Military flight, none of that. I spent not one second in the hospital, and he even got me an advance on my pay, so I could have “walking around money in Saint Louis, while you wait for your flight.” Does this seem like them kind of thing you would want to do for a “raging alcoholic?” I completed the course, and we, all of the other rehabbers’, were told to go, and sin no more. They told us there was a strong likely hood of a relapse, and to get into a strong support group.

I attended AA for the requisite time period, and for some after. I found some of it beneficial, but, for the most part, I realized, I had not gone as far down the rabbit hole as most of the folks there. I made some friends, and as an experiment, did not drink for a while. I did not have a hard time. I then placed myself in situations where there was alcohol present, and it was not a bad thing, and I did not drink. I then drank one, or two, to see if I could stop myself if I needed to, I did. I then got really drunk, and went back to the barracks, like always; I never caused problems when drunk. I came to realize, I was an abuser, not a full blown alcoholic. I continued to drink, but in moderation.

I finally received the operation, and had my testicle removed. To this day, they have no idea what the problem was, and why I was in horrendous pain. Even after the operation, I walked with a bowleg. To this day, I have a slight bow still, but, it is slight.

After the operation, I was able to finally get to school, and I did graduate from Engineer Equipment Mechanic School. The night before graduation, my entire class went out for drinks. I went as well, and had several drinks, got a little drunk, and came straight back to the barracks. I did not start a fight, or cause a scene, there was a not report of drunk, and disorderly, I simply went to sleep. In the morning, I awoke, showered, shaved, got dressed, and went to graduation. My eyes might have been a touch red, but, I was not stumbling, or my breath did not smell of alcohol. I took my diploma, and graduated. I was confronted later by the SACO, and he said my “eyes looked like a hard night of drinking.” They did not, but, I did not argue. He then asked if I had been drinking. I told him yes, I had a few last night. He flipped out, and his words to me were, K_(Applicant), your ass is mine, motherfucker.” He stormed out, and I was told to go back to the barracks. Half an hour after returning to the barracks, I was summoned to the Engineer Company office, and asked by the Company Gunny if it was true. I told him yes. He asked if I caused any problems, I told him no. He then looked at the SACO, and asked what the problem was, and told me to leave. I was to head to Okinawa, but, they rescinded my orders, and cut me orders to Camp Lejeune. I was told to pack to leave; I was not going on leave, since I was to be stationed in the states. I was then told, not to pack, and to report back to the Company office. I was told they were going to send me to the East Coast, but, at constant perseverance from the SACO, I was to go have a breathalyzer, and go from there. I blew under the legal limit for driving, but there was alcohol. I was told. I am getting the boot, because they found alcohol. As I left the office of the SACO, he told me, “don’t ever fuck with me, I always win, especially against pieces of shit like you, cocksucker.” I was amazed. I had no idea why I had garnered such animosity from him. I was told by him, if I tried to fight it, I would lose my college benefits. I did not want this to happen, in the event I had to leave, and would not be able to be a Marine, at least all the money I had put into the GI fund would not be for naught.

Since my discharge I have realized several things. One, I have made mistakes in my life, and I will continue to make mistakes. I am learning not to make the same mistakes of the past, or, at least not to the severity of the past. I do not dent any of this is true. If the Marine Corps would say, he drank, we kicked him out, they are completely right. I did, and they did. I would like to submit a few things in my defense. “Most people undergo several cycles of the stages of change process before achieving their ultimate change goals . It may take an average of 5- 7 serious attempts . The figure depicts relapse rates by time . The horizontal axis represents 0-12 months, and the vertical axis represents the percent of abstainers from 0 to 100% . The following is a visual approximation: The percentage of those who are able to maintain abstinence drops from 100% to 70% within the first month . From the end of month one to month three a small leveling out begins to occur and reflects abstinence rates going from 70% to 40% . Month three to around month six shows that abstinence rates begin to average out and hover around 40% . However, there is some continued decline around month six through twelve and reflects an abstinence rate drop to around 38%. ” ^{Prochaska. J. 0., DiClemente, C. C.. Norcross. J. C. (1992). In search of how people change. Applications to addictive behaviors. American Psychologist, 47, 1102-1114} I am not making any excuses for my relapse. I am simply stating, if I was a true alcoholic, I had a better then ninety percent chance of drinking again. This is the study that proves this, “There is evidence that approximately 90 percent of alcoholics are likely to experience at least one relapse over the 4-year period following treatment (1) . Despite some promising leads, no controlled studies definitively ha v e shown any single or combined intervention that prevents relapse in a fairly predictable manner . Thus; relapse as a central issue of alcoholism treatment warrants further study. ” ^{POLICH, J.M.; Armor, D.J.: and Braiker, H.B. Stability and change in drinking patterns. In: The Course of Alcoholism: Four Years after Treatment. New York: John Wiley & Sons, 1981. pp. 159-200} . These are the issues I wish to present.

There is a drug on the market called Antabuse, it produces a sensitivity to alcohol which results in a highly unpleasant reaction when the patient under treatment ingests even small amounts of alcohol. Basically when you take Antabuse, and drink, you will wish you were dead. I requested this medication, and I never received, I did not think I was a serious alcoholic, mainly an abuser, but, if it could keep me out of trouble, I wanted it.

In conclusion, I take full responsibility for my actions. No one held a gun to my head, and made me drink, ever. I was not threatened at knife point, behind the wheel of my car after I was drunk. In the areas of discipline, whilst I was a Marine: I knew I was not supposed to have a car as a student, but I did. I have used the aforementioned reason of an escape from my hell, and this is why I brought the car to Fort Leonard Wood, but, it does not exonerate me from guilt. I knew the rules, and I broke them. The same is for the unearned decorations, it was wrong, and there was no excuse. I have never failed to own my mistakes, and to take my punishment. All I ask is for mercy, and compassion in the descison that is passed to me, and that God would guide your hands in whatever ways they should go.

I thank you for your time, and for the consideration you will put into this.

Respectfully yours,
[signed]
N_ L_ K_(Applicant) ”

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Applicant ’s DD Form 214 (Member 1)

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PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

         Inactive: USMCR (DEP)    19980312 - 19980928       COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 19980929              Date of Discharge: 20010316

Length of Service (years, months, days):

Active: 0 2 0 5 18
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: None
         Confinement:              None

Age at Entry: 1 9

Years Contracted: 4

Education Level: 12                                 AFQT: 76

Highest Rank: LCpl                                   MOS: 0351/1341

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency: 4.2 (5 )                                 Conduct: 4.1 (5 )

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214) : Rifle Marksmanship Badge, Meritorious Mast

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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 :

000224:  Counseling: Advised of deficiencies in performance and conduct (Misconduct, for entering and being found in a female Marine’s room in the student barracks) . N ecessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant chose not to make a statement.

000301:  NJP for violation of UCMJ, Article 92: On or about 0200, 000131 at MTIC, MARCORDET SNM disobeyed a Detachment Order and was found in a female Marine’s room in the student barracks.
         Award: Forfeiture of $273.00 per month for 1 month, restriction and extra duty for 14 days. Not appealed.

000701:  Medical Entry: General Leonard Wood ACH, MO, Emergency Care and Treatment: S: 21 year old (Applicant) (illegible) picked up by MP due to DWI later picked up by ambulance due to cough/scrotal pain. Assessment/Diagnosis: Alcohol intoxication and scrotal pain. Applicant released to MP.

000707:  NJP for violation of UCMJ, Article 92: On or about 0200, 000630, SNM operated a motor vehicle while in student status.
         Award: Restriction and extra duty for 30 days, reduction to E-2. Not appealed.

000707:  Counseling: Advised of deficiencies in performance and conduct (Misconduct for the alcohol related incident which occurred on 000630. Applicant directed to report to the Det SACO to be evaluated for alcohol dependency/abuse) . N ecessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000814:  Medical Entry: Psychiatric Intake Evaluation, COL J. M_ K_, MC:
         IDENTIFYING DATA: This 21-year-old active duty United States Marine Corps E2 was referred by the Alcohol and Substance Abuse Progam (ASAP), specifically by SPC P_ of that program, for evaluation of possible alcohol dependence and possible amphetamine abuse. This evaluation consisted of individual patient interview, review of the patient’s outpatient medical record, a review of the patient’ Alcohol and Substance Abuse Program (ASAP) chart and the patient’s behavioral medicine division chart. This evaluation was conducted on 07 and 14 Aug 00.
         CHIEF COMPLAINT: “I use alcohol and Ectasy.”
         HISTORY OF CHIEF COMPLAINT: The patient gives an extensive alcohol history as well as an illicit substance abuse history. The patient states that he was first referred to the Alcohol and Substance Abuse Program (ASAP) secondary to a DUI which occurred in Jul 00. He states that he has consumed alcohol on many occasions and driven after that, and this was the occasion in which he was caught and was noted to be driving wider the influence. The patient relates he first began to consume alcohol at age 13. His last drink was a Long Island iced tea the night before the first evaluation and he also consumed a beer on 13 Aug. He said he is consuming infrequently at this stage but in the past, he consumed every day in varying amounts, from 3 to 6 beers to his becoming completely “sloshed” which may take a couple of pitchers of beer as well as several mixed drinks, up to 12 mixed drinks at one setting. The most he has ever consumed was 3 pitchers of beer. He consumed this with other individuals, but he said he drank the majority of the pitchers, as well as 15 Long Island ice teas. He said this was over about a 5-hour time frame. He said once he did that, he vomited somewhat profusely. He notes a significant amount of tolerance has developed over time. He does admit to utilizing an eye-opener on a couple of occasions. He states once he starts his use or alcohol, it is very difficult for him to stop. He has had alcohol-related blackouts on several occasions. He does feel guilt over his alcohol use. He says most of the time he does consume his alcohol with people but sometimes he does drink alone. He said both his friends and his family, as well as the people at ASAP, have told him that he drinks too much alcohol. He states the only problems he has had with authority figures in regards to his alcohol use, were a DUI and being maced when he was intoxicated in the past. He states that alcohol has adversely affected both his social and occupational functioning. He has consumed more alcohol than intended on numerous occasions. He said he has never tried to cut down on his alcohol use until now and he found that somewhat difficult. He denies spending a great deal of time obtaining alcohol. He states that he has felt intoxicated or experienced withdrawa1 symptoms when he was expected to be sober on numerous occasions. He has continued to use alcohol despite the knowledge that it could adversely affect his physical, psychological and social functioning. He has utilized alcohol to avoid withdrawal symptomatology on a few occasions.
         In regards to his illicit drug use, he states that he has used cannabis, LSD, mushrooms, Ectasy, heroin and cocaine. He states that the last time he used cannabis was approximately 2 years ago. He used it very infrequently and he stated he basically used it as an experimental drug. The patient states that he used LSD for a couple of months, 2 or 3 hits at a time, approximately 1 time per week. The last time he used was approximately 3 years ago. He said he used mushrooms on 4 occasions. The last time he used was approximately 6 years ago. He has used cocaine 6 times in his life. The last time he used was 6 years ago. Heroin use was on approximately 2 occasions; the last time he used was 3 years ago. In regards to his use of Ectasy, he said his first-time use was approximately 4 years ago; the last time he used was on 04 Jun 00. He said he has used Ectasy while he was on active duty. He used it primarily on the weekends, specifically every weekend, a couple of pills but usually just 1. He did not develop any signs or symptoms which would make him meet the requirements for amphetamine dependence.
         PAST PSYCHIATRIC/MENTAL HEALTH HISTORY: The patient states he went to mental health several months ago secondary to his having an orchiectomy. He was referred due to that procedure.
         PAST MEDICAL HISTORY: The patient states he was jaundiced at birth. He said he has had several fractured fingers, fractured left and right clavicle, fractured tibia, a compound fracture of the femur, numerous concussions as well as a fractured right humerus on 1 occasion, and a fractured right ulna on 2 occasions. These were specifically related to his participation in hockey. He states that he was hospitalized on numerous occasions for those above injuries. He also talked about having to have a testicle removed secondary to a past injury which occurred while he was doing the road march.
         He said that his testicle got traumatized by his boxer shorts and as a result, required removal.
         MEDICATIONS: The patient denies any current medications.
         PAST FAMILY MEDIAL/MENTALPSYCHIATRIC HOSTORY:    The patient was adopted and does not know about his biological family. He said that his adoptive family has a strong history of alcoholism, not specifically his parents, but the other members of the family. They also have a significant history of drug abuse.
         CAFFEINE USE: The patient states that he drinks 2 cups of coffee and a 2-liter bottle of cola per day.
         TOBACCO USE: He smokes ¼ of a pack per day and has done that for 8 years.
         SOCIAL AND DEVELOPMENTAL HISTORY: The patient was born in Olena, New York, and raised in Boston. He was adopted at 3 days of age. He met his mother but has never met his natural father. He lived with his adoptive parents in Ohio until age 7. They wanted him to have a more consistent environment as they were moving a great deal. He was then sent to live with his grandparents and enjoyed being with his grandparents. He lived with his grandparents from age 7 to age 16. He states that they were very good, loving, kind people as were his adoptive parents. He stated it was good growing up in that environment. He has 1 adopted sister who is 22 years old. His mother is 42 years old and is a teacher. The last time he talked to her was in June. She was a single parent and had no job, which she stated was the reason she gave him up for adoption. On this day he stated that he agreed with her reason for doing that. He said he has never met his natural father. He states that he feels very close to his sister. He keeps in contact with her. In regards to his adopted parents, he states that they were there when he needed them and they provided enough praise and they were described as being affectionate. He denies any verbal, physical or sexual abuse. He states he was an above-average student, obtaining a 3.3 to 3.4 GPA on a 4.0 scale. He was never involved in any behavior education or special education classes. He denied any specific academic failures. The primary extracurricular activity that he participated in was hockey. He states that things were going very well in his life until his adoptive mother passed away in October. He said he felt some significant sadness after that.
         He states he as first sexually active at age 13 with a 16 year old female. He graduated from high school in 1997. He has 1 semester of community college. He left community college secondary to going into the military. He states that he had some disciplinary problems in school to include fighting with other students as well as fighting with a teacher on 1 occasion. He was suspended for 2 weeks for that. He argued frequently with teachers. He also argued with other students. He said his temper frequently got him into trouble. He said he also liked to debate other people and he described this method of debate as being somewhat of an oppositional-type behavior. He said his dating pattern was greater than his friends. He said he had a lot of girlfriends. He says his libido was overactive when compared to other people. He said it was hard for him to keep a girlfriend for a significant length of time. He says in his family he was encouraged to talk about feelings and sometimes he is able to talk about his feelings. It has always been easy for him to make friends. He is able to keep the friends for a significant length of time. He describes 3 close friends with whom he is able to share his feelings. He states he had periods of enuresis until age 12. He thinks he was on medication for that but that resolved at age 12. He has stolen on occasion. He states this was infrequent in occurrence. He stole lighters, money and candy. He was caught and was in a detention hall for 1 month. He then took money out of his house and was caught for shoplifting on 1 occasion. He has lied on occasion as a child. He also was arrested for shoplifting at 11 years old as well as breaking and entering at age 16. He had entered a friend’s house and was taking something that he thought belonged to him and did it without specific permission. He denied any cruelty to animals.
         The patient has had several different jobs to include working as a roofer, security guard, landscaper, and as a welder. The longest he ever held a job was 6 years. That was as a roofer. He was never fired from any specific hob. He says most of the other jobs he worked at, outside of the roofing job, were secondary jobs to that roofing job. He quit the other jobs secondary to time not being available. He said he got into trouble for showing up intoxicated, both on the roofing job as well as the security job.
         The patient has been married on 1 occasion. He was divorced approximately 1½ years. He stated that she was addicted to heroin. They dated for approximately 2 years prior to the marriage. He states he felt close to her.
         [Administrative note: The remaining pages, 5 through 7, of this entry are missing from Applicant’s Medical Record.]

000904:  Medical Record Report, Fort Leonard Wood, MO , CPT J_ A. G_, MC :
         HISTORY OF PRESENT ILLNESS : PFC K_ (Applicant) is a 21-year-Old active duty male who is currently in a medical platoon at the USMC Detachment. He was brought to the emergency department early this morning after he lost consciousness in a taxi cab. Patient has no recollection of the event. He states he had been drinking for several hours and the last thing he remembers is drinking beer at the Davis Club. EMS was called because he lost consciousness in a taxi cab. Per their report, he was unresponsive when they arrived. They rioted two episodes of generalized shaking which they felt was seizure activity. Each episode lasted approximately one minute. He then regained consciousness, but their report states he was inappropriate and combative. He had a strong odor of alcohol. Upon arrival to the emergency department the physicians there said he was alert and appropriate. He knew the name of the PA from prior emergency department visits. No seizure activity was noted in the emergency department. He had no abnormalities on examination, specifically, no neurologic abnormalities. After discussing the case with me the emergency department physician admitted the patient to ward 5C for observation, overnight he had no further episodes of possible seizure activity. When seen by me this morning he was alert, oriented and appropriate. He was complaining of some generalized aches and pains, especially of his back and neck. He was also complaining of testicular pain, which has been an ongoing problem and this is being followed in urology.
         PAST HISTORY: Medical history: Chronic right testicular pain and alcohol addiction. He says he has been drinking since the age of 11 or 12. He drinks to the point of blackout at least once a week. He has had prior DWIs and he has also been in the emergency department for intoxication on previous occasions. Most recently, his alcohol level was 280 on 1 Jul 00. Surgical history: He has had two procedures on his right testicle and is apparently scheduled for a third procedure. Medications: None. ALLERGIES: He states that penicillin and erythromycin cause throat swelling, hives and shortness of breath. His record also lists an allergy to keflex, but he does not recall what happens when he takes this medication. Social history: He has smoked 1 to 1-1/2 packs of cigarettes a day for the past 6 years. Alcohol intake is admittedly excessive. Family history is unknown as he is adopted.
         PHYSICAL EXAMINATION: On examination the morning of 000904 his blood pressure was 116/51, heart rate 68, respiratory rate 16, temperature 97.3 and he was saturating 99% on room air. In general, he was a well-developed, well-nourished white male who was in no acute distress. He was alert and oriented x3. HEENT: Pupils were equal, round and reactive to light and accommodation. Extraocular muscles were intact. Oropharynx was clear with no evidence of oral trauma. Neck had a full range of motion with no thyromegaly or adenopathy., Cardiovascular: Regular rate and rhythm without murmur, gallop or’ ‘rub. Lungs were clear to auscultation bilaterally. Abdomen was nondistended with some mild diffuse tenderness, but no rebound or guarding. Bowel sounds were normoactive. Extremities showed no clubbing, cyanosis or edema. He was neurologically intact. Skin examination revealed a scrape on the middle of his forehead which he said has been present for a week.
         LABORATORY AND X-RAY DATA: Alcohol level is 220. Toxicology screen was normal. CBC: WBC 5.7, hemoglobin 15.2, hematocrit 43.3, platelets 200,000, MCV 85. Chemistry: Sodium 146, potassium 3.8, chloride 110, bicarb 23, BUN 6, creatifline 1.0, glucose 146. Calcium 8.8 and magnesium 1.9. LFT’s are within normal limits. Urinalysis is normal. A prolactin was ordered in the emergency department, but that is a send out test and is still pending.
         ASSESSMENT/PLAN:
         1. Loss of consciousness. Believe this was just due to his intoxicated state. He possibly had some mild clonic activity when he passed out, but doubt he had a seizure as the emergency department did not note any postictal state. He received a banana bag and was admitted to ward 5C for observation. Will continue to monitor him today, since he hasn’t been in for 24 hours, and if no other seizure activity is noted will discharge in the morning.
         2. Alcohol abuse. Patient admittedly has a long history of alcohol abuse. He has already been to ADAPCP and is scheduled for inpatient rehabilitation, but apparently there were no slots available until 25 Sep 00. LTC D_ called his unit and discussed the situation and suggested that they restrict the patient’s activities until he is able to leave for inpatient rehabilitation.

000905:  Counseling: Advised of deficiencies in performance and conduct (Misconduct for alcohol related incident. Applicant directed to report to the Detachment SACO for evaluation of drug/alcohol abuse/dependency) . N ecessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Applicant chose not to make a statement.

000907:  Applicant admitted to Level III Residential Program with diagnosis of Alcohol Dependence.
[Extracted from Naval Medical Center Additions Rehabilitation Department, Norfolk, VA, Medical Entry, dtd 000907.]

000929:  Applicant discharged from Level III Residential Program . Reason for discharge is program completion.
[Extracted from Naval Medical Center Additions Rehabilitation Department, Norfolk, VA, Medical Entry, dtd 000907.]

010202:  Applicant drunk on duty during his Military Occupational School graduation ceremony with Blood Alcohol content (BAC) of .084.
[Extracted from Law Enforcement Command, Fort Leonard Wood, MO, BAC DataMaster Evidence Ticket, Breath Analysis: Subject (Applicant) Sample: .084 , dtd 010202 and NJP dtd 010215 . ]

010213:  Memorandum for Commander, United States Marine Corps Detachment, Fort Leonard Wood, MO from R_ P . V_, LCSW, LPC, Chief, Ft. Leonard Wood A rmy Substance Abuse Program :
         PFC K _ ( Applicant ) was referred to the Fort Leonard Wood Army Substance Abuse Program (ASAP) as the result of his receiving a DWI with a .270 BAC . He was evaluated f o r a possible drug/alcohol problem on 17 Jul 00 and 21 Jul 00 which resulted in a preliminary diagnosis of alcohol dependence and amphetamine abuse . The individual’s case was staffed with the Clinical Consultant, Clinical Director and other Professional Clinical Personnel with the recommendation that PFC K _ be referred for a full medical evaluation . That evaluation was conducted on 7 and 14 Aug 00 by ASAP Clinical Consultant, J. M_ K_, Col, MC who substantiated the diagnosis of alcohol dependence and amphetamine abuse in early full remission . It was recommended that the patient receive inpatient (Level III ) treatment.
         On 25 Aug 00 a Rehabilitation Team Meeting (RIM) was held with the patient, GySgt R _ and ASAP staff where the diagnosis and recommendation for treatment were made to Command . Command accepted the recommendation for inpatient treatment and enrolled PFC K _ in the ASAP . A treatment bed date was obtained at the Norfolk Naval Medical Center in Virginia and the patient received inpatient treatme nt there between the 6 Sept 00 and 6 Oct 00 time frame.
         Upon PFC K _’s return from inpatient treatment, he was reentered into training and a individualized follow up treatment plan was developed . The patient’s response to his treatment plan has been less than desirable in that he has not been actively engaged in the AA 12 step program and has continued to use alcohol while enrolled in a rehabilitation no drinking/usage program.
         Based upon PFC K _ ’s apparent neglect to invest himself in his treatment program, the prognosis for recovery seems to be poor . The Marine seemingly is not motivated to accomplish what is needed to rehabilitate himself . It is recommended that a rehabilitation f ailure discharge be considered.
         This information has been disclosed to you from records whose confidentiality is protected by Federal Law . Federal regulations (42 CFR part 2) prohibit you from making any disclosures of it without written consent of the person to whom it pertains, or as otherwise permitted by such regulations . A general authorization for the release of medical or other information is NOT sufficient for this purpose .

010212:  Applicant found medically qualified for separation.

010213:  Counseling: Advised of deficiencies in performance and conduct (Misconduct for alcohol related incident. On 2 Feb 01, arrived for EEIC graduation ceremony in an intoxicated condition. A Blood Alcohol Content (BAC) test revealed that Applicant had a BAC of .084%. Applicant previously diagnosed with alcohol dependency, and attended Level III resident treatment for alcoholism. Therefore, this alcohol related incident constitutes Alcohol Rehabilitation Failure. Applicant advised being processed for administrative discharge action. Applicant chose not to make a statement.

010214 :  Applicant notified of intended recommendation for discharge by reason of alcohol rehabilitation failure with a characterization of service as general (under honorable conditions) . The factual basis for this recommendation was on 1 January 2001 Applicant admitted to Level III Resident treatment for alcoholism, by command referral. Upon completion of Level III treatment, during the aftercare period prescribed in reference (a), Applicant arrived for work in an intoxicated condition. Enclosure (4) details that during duty hours (10:29 a.m.) on 2 Feb 01, Applicant in a near blackout state, with a blood alcohol content of .084% by volume. Applicant’s treatment failure is clearly evident.

010215:  NJP for violation of UCMJ, Article 134: SNM on or about 010202, presented himself intoxicated at the EEIC graduation ceremony, as evidence by the Breathalyzer test administered on 010202, resulting in a BAC .084.
         Award: Forfeiture of $521.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. Not appealed.

010215 :  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.

010220 :  Commanding Officer, Marine Corps Detachment, Fort Leonard Wood, MO , recommended to the Commanding General, Marine Corps Base, Quantico, VA that Applicant be discharge d by reason of alcohol rehabilitation failure with a character of service as general (under honorable conditions) . The factual basis for this recommendation was continued alcohol abuse, and related incidents, during the after-care period of his Level III treatment for alcoholism. Commanding Officer’s comments: “ A brief chronology of Private K _ (Applicant)’ s alcohol related incidents is as follows:
         On 30 June 2000, Private K _ was apprehended by the Fort Leonard Wood Military Police for operating a POV at a high rate of speed and in an erratic manner . In addition to violating Detachment policy by operating a POV while a student, he was found to be intoxicated . When asked to exit his vehicle, he opened the door and immediately fell to the ground . In a near blackout state, he was subsequently transported to the Fort Leonard Wood hospital for evaluation/treatment . For this incident, Private K _ received Detachment level NJP and was referred to the Detachment SACO for evaluation and appropriate program enrollment.
         On 3 September 2000, P rivate K _ passed-out drunk in the back of a taxi . The Fort Leonard W o od Military Police were notified, and subsequentl y transported him to the Fort Leonard Wood Hospital for evaluation/treatment . For this incident, Private K _ was referred to the SACO . In -t urn, Private K _ was referred to Level III Resident Treatment for Alcoholism . His Level III program commenced on 6 October 2000.
         On 2 February 2001, after his completion of the resident portion of Level III treatment, Private K _ arrived for his MOS school graduation ceremony in an intoxicated condition . For this incident, Private K _ received Detachment level NJP.
P rivate K _ has demonstrated a complete failure to control himself regarding the use of alcohol . His alcoholism and related conduct pose a serious threat to the morale and safety of his fellow Marines . Therefore, I recommend that Private K _ be discharged from the Marine Corps, as soon as possible, with a General characterization of service.
         Pri vate K _ has been informed of all his rights, and has been counseled properly regarding this proposed separation . He is not entitled to a hearing be fore an Administrative Separation Board. The enclosures refer. ”

010309 :  SJA review determined the case sufficient in law and fact.

010314:   GCMCA, Commanding General, Marine Corps Base, Quantico, VA , directed the Applicant 's discharge by reason of alcohol rehabilitation failure with a characterization of service as general (under honorable conditions) .

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PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010316 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 implies that his alcohol abuse was caused by mistreatment from Marines senior to him, and that his rehabilitation failure was caused by improper medical treatment, specifically failure to prescribe Antabuse. The Board determined that the record the record, and Applicant’s own statement, confirm the Applicant’s repeated misconduct and alcohol abuse. The record also demonstrates consistent effort by medical authorities to treat all of the Applicant’s medical problems. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Separation processing is mandatory for Marines who d o not successfully complete Level III treatment. Successful completion of treatment includes the period of aftercare. The Board found that the record clearly demonstrated that the Applicant was an alcoholic rehabilitation failure. 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 3 retention warnings and 3 nonjudicial punishment proceedings for violations of Articles 92 and 134 of the UCMJ. The Applicant also self-admitted to using an illegal drug during his enlistment, a violation of Article 112a of the UCMJ. The NDRB advises the Applicant that certain serious offenses warrant separation from the Marine Corps in order to maintain proper order and discipline. Violations of Article 92 and 112a are considered serious offenses and a punitive discharge is authorized if adjudged at a special or general court-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 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. 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. 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 .

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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