Search Decisions

Decision Text

USMC | DRB | 2010_Marine | MD1000417
Original file (MD1000417.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20091119
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MARCORSEPMAN

Applicant’s Request:      Characterization change to:
         Narrative Reason change to:

Summary of Service

Prior Service:
Inactive:         USMCR (DEP)       19771029 - 19780622     Active:            19780623 - 19811025 (HON)
                                             19811026 - 19850618 (HON)
                                             19850619 - 19890210 (HON)
                                             19890211 - 19930910 (HON)
Period of Service Under Review:
Date of Current Enlistment: 19930911     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 19950927      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 17 D a y ( s )
Education Level:        AFQT: 47
MOS: 01 6 1
Proficiency/Conduct M arks (# of occasions): NA / NA      Fitness R eports: , INCOMPLETE

Awards and Decorations ( per DD 214):      Rifle (4) Pistol ( 5 ) (2) (2) MM(2) LoC LoA(2)

Periods of UA / CONF :     NJP:     SCM:              SPCM:             CC:

Retention Warning Counseling :

- 19940913 :       For frequent involvement of a discreditable nature with military/civilian authorities by coming to work while under the influence of alcohol which resulted in SNM being relieved of his duties and possible loss of MOS.

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

          “ ALCOHOL REHABILITATION FAILURE ”

The NDRB will recommend to the Commandant of the Marine Corps that the DD 214 be corrected as appropriate.









Types of Documents Submitted/reviewed

 Related to Military Service:
         DD 214:            Service/ Medical Record:            Other Records:   
Related to Post-Service Period:
         Employment:               Finances:                 Education/Training:     
         Health/Medical Records:           Rehabilitation/Treatment:                  Criminal Records:       
         Personal Documentation :           Community Service:                References:     
         Department of VA letter:                  Oth er Documentation:    
                  Additional Statements :
         From Applicant:            From /To Representation:            From /To Congress m ember :        

Pertinent Regulation/Law

 A. The Marine Corps Separation and Retirement Manual, (MCO P1600.19E), effective 18 August 1995 until 31 August 2001, 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 II, Para 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Para 503, Equity .



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

Applicant’s Issues

 1.       Applicant contends the narrative reason for separation on his DD-214 is derogatory and should not be disclosed publicly.

Decision


 Date : 20 1 1 01 28            Location: Washington D.C .         R epresentation :

By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall .
Discussion

 The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of g overnment al a ffairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant . The Applicant identif ied one decisional issue for the Board ’s consideration . The Board complete d a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent standards of equity and propriety. The Applicant’s record of service included 6105 retention counseling warning for frequent involvement with military/civilian authorities by coming to work while under the influence of alcohol . The record did not contain any commanding officer’s nonjudicial punishment or trial by court s -martial proceedings. The record s ( medical record, fitness report dated Jan-Aug 1994) did reflect a history of alcohol - related issues as evidenced by several “Fitness for Duty” examinations (Mar, Jul, and Aug 1994) related to the Applicant smelling of alcohol at work. Eventually, t he Applicant was suspended from his duties for cause after continuing to report to work smelling of alcohol. From 21 Apr-18 May 1994, the Applicant was admitted to Level III in-patient Alcohol Rehabilitation Treatment at NAS Miramar. In a subsequent fitness report, covering the Feb-May 1995 time period , additional comments were made stating the Applicant had again been suspended from duties due to another alcohol - related incident. In the report, his professional knowledge, skills, and ability were praised, but due to his repeated problems with alcohol , the Applicant was not recommended for promotion with his peers. Based on the recurring problems with alcohol after attending rehabilitation treatment, the Applicant was determined to be an alcohol rehabilitation treatment failure, for which administrative separation processing is mandatory. The NDRB did not have the Applicant’s administrative separation package to determine whether or not the Applicant exercised or waived rights to consult with a qualified counsel, submit a written statement , or request an administrative separation board. The records are incomplete, but the Applicant’s DD-214 separation code of “GPD1” suggests that an administrative separation board pro ceeding was conducted, where it was likely determined that the Applicant be discharged for alcohol rehabilitation failure with an Honorable characterization of service.

: (Decisional) ( ) . The Applicant contends the narrative reason for separation on his DD-214 is derogatory and should not be disclosed publicly. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Board conducted an exhaustive review of the Applicant’s entire record of service to determine whether the Applicant’s discharge met the standards of propriety and equity as per the regulations effective at the time of his discharge. The Board determined that the Applicant’s discharge was conducted in accordance with the Marine Corps Separation and Ret i rement Manual and other directives , and that his DD-214, which is annotated to reflect his Honorable discharge due to administrative separation for A lcohol R ehabilitation F ailure , is correct.

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and administrative separation process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain ALCOHOL REHABILITATION FAILURE.


ADDENDUM: Information for the Applicant

 Complaint Procedures : If you believe 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC 20301-4000. You should read Enclosure (5) of the Instruction 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 Instruction 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil . ”

Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s 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. There are veterans organizations such as the American Legion and the Disable d American Veterans that are willing to provide guidance to former service members in their efforts to obtain a discharge upgrade. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted their opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.
Service Benefits: The U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.
Employment/Educational Opportunities : The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.

 Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the BCNR can make changes to reenlistment codes. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. 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.
Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct or for any basis wherein an Other Than Honorable discharge is authorized, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or other medical related reasons. Only the BCNR can grant this type of narrative reason change.

 Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct subsequent to leaving naval service.
Post-Service Conduct : The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. Outstanding post-service conduct, 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, is considered during Board reviews. Documentation to support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificates (if applicable); character witness statements; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card companies, or other financial institutions; attendance at or completion of higher education (official transcripts); and documentation of a drug-free lifestyle. The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate in-service misconduct was an aberration and not indicative of the member’s overall character.

Issues Concerning Bad-Conduct Discharges (BCD ): Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a special court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

Board Membership: The names and votes of the members of the NDRB 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

Similar Decisions

  • NAVY | DRB | 2010_Navy | ND1000783

    Original file (ND1000783.rtf) Auto-classification: Denied

    There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits, and this issue does not serve to provide a foundation upon which the Board can grant relief.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entriesand administrative separation process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The...

  • NAVY | DRB | 2010_Navy | ND1000775

    Original file (ND1000775.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record:Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: Pertinent Regulation/Law A. Therefore, this issue does...

  • NAVY | DRB | 2012_Navy | ND1200623

    Original file (ND1200623.rtf) Auto-classification: Denied

    Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entriesand discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. ” Additional Reviews : After a document review has been conducted, former members are...

  • NAVY | DRB | 2010_Navy | ND1000922

    Original file (ND1000922.rtf) Auto-classification: Denied

    Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include...

  • NAVY | DRB | 2009_Navy | ND0902426

    Original file (ND0902426.rtf) Auto-classification: Denied

    As a result, I found that he had no potential for further Naval service and I directed that he be separated.” The command properly and equitably processed the Applicant for separation in accordance with MILPERSMAN section 1910-152.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and administrative discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for...

  • USMC | DRB | 2013_Marine | MD1301269

    Original file (MD1301269.rtf) Auto-classification: Denied

    Based on the Applicant’s alcohol rehabilitation failure, command administratively processed for separation. After considering the Applicant’s record of service in his current enlistment, the Separation Authority determined he met the bases of separation for Alcohol Rehabilitation Failure and Pattern of Misconduct and further determined the primary basis for separation should be Alcohol Rehabilitation Failure with an Under Honorable Conditions (General) characterization of service. ”...

  • NAVY | DRB | 2010_Navy | ND1002003

    Original file (ND1002003.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant remains eligible for a personal appearance hearing for a period of fifteen...

  • NAVY | DRB | 2009_Navy | ND0900734

    Original file (ND0900734.rtf) Auto-classification: Denied

    Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include...

  • NAVY | DRB | 2007_Navy | ND0701037

    Original file (ND0701037.rtf) Auto-classification: Denied

    However, after a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate in light of the nature and seriousness of the circumstances leading to his discharge, and that the evidence of post-service conduct was not sufficient to convince the Board that an upgrade was appropriate at this time.In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is...

  • NAVY | DRB | 2014_Navy | ND1400473

    Original file (ND1400473.rtf) Auto-classification: Denied

    There is no indication in the evidence of record or in the documentation submitted by the Applicant that the Applicant was recommended for or processed for a medical board by proper authority. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Additionally, the NDRB does not have the authority to change a...