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

 ex-PFC, USMC
Docket No. MD02-00923

Applicant’s Request

The application for discharge review, received 020617, requested that the characterization of service on the discharge be changed to honorable and the reenlistment code changed.  The Applicant requested 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 030319.  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, authority: MARCORSEPMAN Par. 6209.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  That my privacy was violated by my company first sergeant C_. He had seen me at an AA  meeting.  He then harassed me and called me continually to office about my after care and my rehabilitation.  I have since found out that he had gained access to my private S.A.C.O. file through Lance Corporal C_ who was the S.A.C.O Secretary.  I do not feel I was even given a chance to be a marine and finish my career honorably.  Especially after my court martial for being U.A.  It seemed that they always were harassing me about something.  They had me do what they consider extra military instruction on Saturday and Sunday.  Weather it be cleaning the barracks for hours on end or getting in full combat gear and running our running the obstacle course and what ever else they could come up with.  This is why I feel I was hazed and my privacy was broken.  I was already been convicted once for being U.A. for you not consider overturning this that would be double jeopardy.  I believe that in reviewing my case you will see that a mistake was made.  Will appreciate all appropriate action in this matter.  I feel that allowing me to serve in the armed forces will benefit every one involved.  Thank you for all your help.  Also they fought to keep another marine Lance Corporal K_ H_ even after he failed Alcohol Rehabilitation.  Basically the rules apply to some but not to everyone.  Thank you for all of your help.

Documentation

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

13 pages of Applicant's service record book including a copy of DD Form 214
Character Reference letter from SGT J_ D. H_, USMC dtd Dec 18, 2001
Character Reference letter from S_ C_, undated
Character Reference letter from J_ N. L_, Athletic Director, dtd Sep 19, 2001
Character Reference letter from J_ J. W_, Principal, Inspired Vision Academy dtd May 7, 2002
Letter of Recommendation from Dr. S_ W_, Honors Program Director, dtd Feb 20, 2002
Letter of Recommendation from D_ B_, Jr., Senior Pastor, Inspired Vision Church, dtd Feb 27, 2002
Character Reference letter from SSgt M_ L. B_, USMC, undated
Certificate of Appointment to rank of Ensign, Naval Civilian Cadet Corps, dtd March 1, 2002
Letter of Support/Recommendation from Cdr L. D. F_, Fleet CO, Naval Civilian Cadet Corps, dtd Apr 10, 2002

PART II - SUMMARY OF SERVICE

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

	Inactive: USMCR(J)		930826 - 940711	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  940712		Date of Discharge:  970702

Length of Service (years, months, days):

	Active:    02  11  21 (Doesn't exclude lost and confinement time.)
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  52

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.9 (8)		Conduct:  3.2 (9)

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Marksman Badge, NDSM, SSDR 

Days of Unauthorized Absence:  56

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:

950816:	Declared deserter as of 0700, 950816 having been an unauthorized absentee until 0700, 950714.

950912:	Apprehended by Dallas City Sheriffs Office at 2020, 950911 and delivered to military authorities on 2209, 950912.

950919:	Med Office Psych Note:  20 year old male with suicidal ideations, adjustment disorder.  Here after UA from Dallas, Texas I&I duty station where he was a humanitarian transfer for 30 days.  Went UA after speaking with congressman about congressman provided service discharge.
	Assessment:  Adjustment disorder.
	Plan:  Follow-up on Oct 10 at 1300.  Pt contracts against harming self.

950930:	Incidence Report:  Found 20 year old male lying right lateral on hotel room floor awake, combative, crying.  Pt in care of HPD and roommate.  Roommate states pt drinking beer and whiskey from 1200 hrs today, denies an illicit drug use or ingestion of medications.  Roommate states witnessing pt wrestling to floor with HPD personnel, denies head trauma.  Pt denies head, neck, back chest or abdomen pain.  Pt combative, restrained pt on scoopstretcher, O2, IV, transport to Triple ER with pt crying.

950930:	Emergency Room, Triple AMC:  Pt was drinking heavy with friends.  Friends apparently passed out - when friends woke up, pt was being restrained/struggling with police.  
	Assessment/Diagnosis:  Acute Alcohol Intoxication.
	Disposition:  Sent home, improved condition upon release.
	Instruction to Pt:  Do not consume alcoholic beverages.

951003:	Psychology, Tripler AMC, HI:  1st military psych eval for 21 year old male LCpl referred for evaluation of suicidal ideation.  Chief Compliant - "Family problems."
	Assessment:  Oriented.  Speech normal.  Mood "frustrated."  Affect frustrated and angry, full range, congruent.  Thought content related to wanting out of the USMC.  No symptoms of a thought disorder.  No current suicidal/homicidal ideation.
	Diagnosis:  AXIS I	Occupational Problem
				Adjustment Disorder with Depressed Mood
				Alcohol Abuse - by history - in remission
		      AXIS II	Antisocial Traits
		      AXIS III	No diagnosis
	Recommendation:  Currently judged low risk for suicide.  Advised to go to medical if suicidal ideation returns.  Follow up on 30 Oct 95 1500.  Patient understands above.

951016:	Admitted to Tripler AMC, HI:  Pt is a 20 year old male who was admitted for eval of suicidal ideation and homicidal ideation which was reported by a roommate after pt learned of disciplinary action for UA.  Pt lists main stressors as his family problems.  Pt adds that he was UA for 50 days when he didn't return from emergency leave in order to make arrangements for his parents and family.  Pt states that he has been doing well otherwise.  Pt was recently evaluated for belligerence toward H.P.D. while intoxicated and required physical restraints while in TAMC E.R.  Pt claims to have several blackouts in the past.  Pt continues to drink up to 40 oz at a time despite this incident and claims to "know my limit."  Pt was recently told that there would be harsh disciplinary action for his UA and drunk and disorderly conduct, and by command's report, became suicidal.
	Pt was admitted where he contracted for safety.  He participated in group and ward activities.  He interacted with staff and peers appropriately.  He posed no management issues while on the ward.  Pt was evaluated by TRISARF who recommended TRACT II treatment.  It was felt that Pt's alcohol pattern may be contributing to his subjective depressed mood.  Pt contracted for safety and denied active suicidal/homicidal ideations.
	Discharged from hospital:  16 Oct 95.

951116:	Summary Court-Martial.
	Charge I:  violation of the UCMJ, Article 86.
	Specification:  Unauthorized absence from 0700, 950714 to 2020, 950911.
	Finding:  to Charge I and the specification thereunder, guilty.
	Sentence:  Reduction to E-1 and 30 days confinement.
	CA action 951116:  Sentence approved and ordered executed.  Naval Brig, Pearl Harbor, HI is designated as place of confinement.

951116:	To confinement.

951216:	From confinement to full duty.

960125:	Counseled concerning deficiencies (not recommended for promotion for Nov 95 quarter because of UA and a deserter within the last six months). Assistance available through chain of command and advised that no improvement will result in a non-recommendation for promotion.

960318:	Evaluation for Alcohol Dependency, previously attended Level II 960311.  Diagnosis - Alcohol dependency.  Recommend for Level III Alcohol Rehabilitation treatment.

961203:	Eligible but not recommended for promotion to Cpl for Feb 96 Promotion Quarter because of a court martial.

970212:	Eligible but not recommended for promotion to LCpl for the Mar 97 Promotion period due to lack of leadership and initiative.

970416:	SACC, MCB Hawaii:  Member evaluated on 8 Apr 97 due to command's referral.  Member evaluated as an after care treatment failure based on failure to comply with his aftercare plan and should be processed for discharge.  Plan treatment is assigned until discharge:
	Monitored attendance at two AA meetings per week, meet weekly with unit SACO and abstinence from alcohol and establishments whose primary purpose is the sale of alcoholic beverages.

970417:	Applicant declined enrollment in the VA's Drug and Alcohol Rehabilitation Program in conjunction with discharge.  

970417:	Counseled for deficiencies [Level III Alcohol Rehab Aftercare failure - 970408 evaluation with Base SACC recommended discharge due to alcohol dependence].  Advised being processed for administrative separation.

970429:	Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of alcohol rehabilitation failure.

970429:	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.

970429:	Commanding Officer recommended discharge under honorable conditions (general) by reason of alcohol rehabilitation.  The factual basis for this recommendation was member's alcohol rehab failure.  

970617:	SJA review determined the case sufficient in law and fact.

970620	GCMCA [Commander, MCB Hawaii] directed the Applicant's discharge under honorable conditions (general) by reason of alcohol rehabilitation failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 970702 under honorable conditions (general) due to alcohol rehabilitation 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).

Issue 1.  The Board found no documentation to support the Applicant’s allegations that he was hazed, harassed or that his chain of command violated his rights to privacy.  The Applicant’s documented failure to complete alcohol rehabilitation warranted processing for administrative separation.  The Applicant’s conduct evaluation average and summary court-martial record warranted a characterization of service of under honorable conditions (general).  The record is devoid of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  Relief denied.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  Relief is therefore denied.

The Applicant’s discharge characterization accurately reflects his service to his country.  The discharge was proper and equitable.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity 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, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that should have been provided to receive consideration for relief, based on post-service conduct.  The Applicant’s evidence of post-service conduct was found not to mitigate his characterization of service.  Relief not warranted.

The Applicant 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.  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 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