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

ex-Cpl, USMC
Docket No. MD00-01027

Applicant’s Request

The application for discharge review, received 000905, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Alcohol Abuse Failure.  The applicant requested a personal appearance hearing in the Washington National Capital Region.  The applicant did not list any representative on the DD Form 293.  In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010808.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was four to one that the character of the discharge shall not change.  The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE (board required but waived), authority: MARCORSEPMAN Par. 6209.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I had served proudly for 10 years and 4 months in the USMC.  My efficiency reviews were always very positive until the end of my career.  Please note that I had requested a Board when I was discharged (exhibit A).  This was denied me (Please note exhibit B).  I did not waive the Board.
My DD214 (Exhibit C) indicates alcohol abuse failure.  This has hurt my job prospects.  I am attempting to gain an upgrade of my discharge for better job prospects.  I also am attempting to join the National Guard or Reserves.  This discharge has hurt me.  Please grant me the Hearing.

Documentation

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

Seventy-eight pages from applicant's service record
Copy of DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		870813 - 910227	HON
		   USMC		910228 - 940623	HON
	Inactive: USMCR(J)		861119 - 870812	COG

Period of Service Under Review:

Date of Enlistment:  930624		Date of Discharge:  971219

Length of Service (years, months, days):

	Active:    03  05  26
	Inactive:  None

Age at Entry:  24			Years Contracted:  4

Education Level:  12			AFQT:  45

Highest Rank:  Sgt

Final Enlisted Performance Evaluation Averages: All enlisted performance reports were available to the Board for review.

Military Decorations:  None

Unit/Campaign/Service Awards:  MM, GCM (3), NDSM, SSDR, JMU, NAM, AFEM, Letter of Appreciation, Certificate of Commendation

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE (board required but waived), authority:  MARCORSEPMAN Par. 6209.

Chronological Listing of Significant Service Events:

970103:	Counseled for deficiencies in performance and conduct.  [Unauthorized absence 961227 from 0600 to 0730, to wit: Richmond MEPS.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

970218:	Applicant to Level III.

970312:	Applicant successfully completed Level III.  You will remain in an aftercare status for the duration of your military service.  First year of recovery, will be in a formal command-sponsored continuing care program.

970423:	NJP for violation of UCMJ, Article 86:
Specification 1: Unauthorized absence from 0600-0820, 12Apr97.
Specification 2: Unauthorized absence from 0700-0830, 18Apr97
Awarded forfeiture of $300.00 per month for 1 month, extra duties for 14 days, reduction to Cpl.  Reduction suspended for 2 months.  Not appealed.

970602:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of failure of alcohol rehabilitation.

970604:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

970605:	Commanding officer recommended discharge general (under honorable conditions) by reason of failure of alcohol rehabilitation.  The factual basis for this recommendation was failure to abstain from the consumption of alcohol while participating in the Level III one year after care program. 

970731:	SJA review determined that the following corrective action is required: administrative discharge board.

970902:	Applicant waived his right to an administrative discharge board.

970924:	NJP for violation of UCMJ, Article 86:
Specification: Failed to go at the time prescribed to remedial PRT on 0630, 19Sep97.
Awarded extra duties for 30 days, reduction to Cpl.  Not appealed.

971118:	GCMCA [Commander, Marine Forces Reserve] directed the applicant's discharge general (under honorable conditions) by reason of Alcohol Abuse Failure (board required but waived).

 971118:	SJA review determined the case sufficient in law and fact.

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 971219 general (under honorable conditions) due to alcohol abuse failure (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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 (C and D).

In response to the applicant’s issue, the Board found in the applicant’s record that he had originally requested an Administrative Discharge Board on 04 June 1997.  However, on 02 September 1997, the applicant signed a Waiver of Rights form stating that he had consulted with a lawyer on 25 August 1997 and was no longer requesting an Administrative Discharge Board.  In addition, even though the applicant had a very good record, the fact remains that the applicant did not follow the guidelines of his aftercare program and was an alcohol rehabilitation failure.  The Board has no obligation to change the applicant's discharge in order to allow him to obtain better employment.  Relief denied.

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in the civilian life subsequent to leaving the Service.  However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D).  Those factors include, but are not limited to, the following:  evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct.  At this time, the applicant has not provided any documentation of good character and conduct.  Therefore no relief will be granted.  The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge. 

Pertinent Regulation/Law (at time of discharge)

A.  The Marine Corps Separation and Retirement Manual, (MCO P1600.19E), effective 950818 until Present, Paragraph 6209, ALCOHOL REHABILITATION FAILURE.
 
B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 “afls10.jag.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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023