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

ex-PFC, USMC
Docket No. MD01-00134

Applicant’s Request

The application for discharge review, received 001109, requested that the characterization of service on the discharge be changed to Honorable.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010615.  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 unanimous that the character of the discharge shall not change.  The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL REHABILITATION FAILURE (no board not required), authority: MARCORSEPMAN Par. 6209.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation

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

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		950522 - 951010	COG

Period of Service Under Review:

Date of Enlistment:  951011		Date of Discharge:  990715

Length of Service (years, months, days):

	Active:    03  09  05
	Inactive:  None

Age at Entry:  18			Years Contracted:  5

Education Level:  12			AFQT:  74

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (10)		Conduct:  4.1 (10)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, Letter of Appreciation (2), 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, authority:  MARCORSEPMAN Par. 6209.

Chronological Listing of Significant Service Events:

960220:	Counseled for deficiencies in performance and conduct.  [Lack of self-discipline, and use of poor judgment.  Specifically on 960211/0145 you were UA from your appointed place of duty (Chow Hall).]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

960625:	NJP for violation of UCMJ, Article 134:
Specification: Behave in a manner prejudicial to good order and discipline to the Armed Forces by violating a direct order by drinking under the legal age.
Awarded forfeiture of $228.00 per month for 1 month, restriction and extra duties for 7 days.  Not appealed.

980619:	S: Level 3 eval.  A: ETOH abuse.  P. Agree with Level III recommendation.

980720:	Counseled for deficiencies in performance and conduct.  [Frequent involvement with military/civilian authorities and minor incidents prejudicial to good order and discipline.  Substandard performance of primary and collateral duties.  Failure to be at appointed place of duty at prescribed times, and willful disobedience of a lawful order and direct order from a SNCO.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

980730:	Applicant admitted to Addictions Rehabilitation Clinic (ARC), Naval Hospital, Jacksonville, FL.

980812:	Applicant discharge from ARC.  Discharge Diagnoses: Alcohol abuse.

981123:	NJP for violation of UCMJ, Article 86:
Specification: Absence without leave, failed to go to appointed place of duty on 7Oct98 from 1400 to 1445.
Awarded forfeiture of $519.00 per month for 2 months, restriction and extra duties for 45 days, reduction to PFC.  Not appealed.

990420:	Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of Alcohol rehabilitation failure.

990429:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

990505:	Commanding officer recommended discharge under Other Than Honorable conditions by reason of Alcohol rehabilitation failure.  The factual basis for this recommendation was declared a rehabilitation failure due to repeated missed after care treatment appointments.  

990614:	SJA review determined the case sufficient in law and fact.

990614:	GCMCA [Commander, Marine Forces Reserve] directed the applicant's discharge General (under Honorable conditions) by reason of alcohol rehabilitation failure (board required but waived).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990715 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).

The applicant introduced no decisional issues for consideration by the Board.

The following is provided for the benefit of the applicant.  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the applicant’s enlistment.  Additionally, 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 the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review.  Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge.  Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for clemency, based on post-service conduct.  The applicant did not provide any of these documents.  He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  The applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Legal representation at a personal appearance hearing is highly 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 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 “afls14.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