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

 ex-PFC, USMC
Docket No. MD02-01181

Applicant’s Request

The application for discharge review, received 020814, requested that the characterization of service on the discharge be changed to honorable.  The Applicant requested a personal appearance hearing before the board in the Washington National Capital Region.  The Applicant listed the Disabled American Veterans as the representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed 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 030522.  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: UNDER HONORABLE CONDITIONS (GENERAL)/Alcohol Abuse Rehabilitation Failure (administrative discharge board not required), authority: MARCORSEPMAN Par. 6209.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  Dear Chairperson:

After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current General Discharge, to that of Honorable.

The FSM served on active service from June 5, 1993 to September 1, 1994 receiving a General Discharge and requests an upgrade to Honorable discharge. 

The FSM contends the current discharge is improper, as the issue for which the discharge was granted was single in nature.  The FSM contends that he has since his discharge has made a complete turn around in his life and his only blemish is that of his service discharge. By virtue of the application, requests a review of the evidentiary record in hope of equitable relief.

This creates a need for a review of the application of the standard, for the Board to determine that the Applicant’s discharge was proper. The Board will determine which reason for discharge should have been assigned based upon the facts and circumstances before the Board, including the service regulations governing the reasons for discharge at that time, to determine whether relief is warranted.  Also note the FSM has completed his Bachelors Degree and is presently working on his Law degree.  The FSM has letters of support from Law School Registrar, Professor of Law and Assistant District Attorney from Topeka Kansas with whom he presently works.

As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the Applicant submits to the Board’s discretionary authority.

We ask for the Board’s careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision.  These issues do not supersede any issues previously submitted by the Applicant.

                                                               Respectfully,

Documentation

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

Statement from Applicant, dated August 5, 2002
Applicant's DD Form 214
Cover letter from Applicant, dated September 10, 2002
Job/character reference, dated September 4, 2002
College transcript, from University of Kansas, dated September 5, 2002
Character reference, dated September 6, 2002
Letter of endorsement, dated September 10, 2002
Letter from Applicant, dated February 6, 2003

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		920611 - 930611	ELS
		   USMCR(J)		930514 - 930604	COG

Period of Service Under Review:

Date of Enlistment:  930605		Date of Discharge:  940901

Length of Service (years, months, days):

	Active:    01  02  27
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  72

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.2 (4)			Conduct:  4.1 (4)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  12

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

UNDER HONORABLE CONDITIONS (GENERAL)/Alcohol Abuse Rehabilitation Failure (administrative discharge board not required), authority:  MARCORSEPMAN Par. 6209.

Chronological Listing of Significant Service Events:

940222:	NJP for violation of UCMJ, Article 86:
Specification: Absent without leave from the period of 0531, 940207 until 2039, 940219 (12 days/surrendered).
Awarded forfeiture of $466.00 per month for 2 months, restriction and extra duties for 45 days, reduction to PFC..  Not appealed.

940222:	Mental Health NAS NI: Provisional diagnosis: suicidal treats, family discord, immaturity.  Impressions: Axis I: Alcohol dependence, EPTE.  Axis II: Deferred.  Axis III: No know illness.

940222:	Medical record entry: Applicant seen today for suicidal ideations and was diagnosed as alcohol dependent.  A: Applicant is being set up for a Level III bed date.

940228:	Applicant scheduled for six weeks of inpatient alcohol rehabilitation treatment at the Alcohol Rehabilitation Department, Naval Medical Center, San Diego, CA.

940301:	Counseled for deficiencies in performance and conduct.  [Frequent involvement with military authorities. You now have one NJP for a serious violation of the UCMJ.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930307:	Applicant admitted to Alcohol Rehabilitation Department.  Admitting Diagnosis: Alcohol dependence.

940412:	Applicant released from Alcohol Rehabilitation Department.  Discharge diagnosis: Alcohol dependence.  Disposition: Return to duty.  Recommend that Applicant be administratively separated as a rehabilitation failure.

940621:	Counseled for deficiencies in performance and conduct.  [Alcohol/dependency is contrary to the effective performance of marines and to the Marine Corps' mission, and will not be tolerated in the U.S. Marine Corps.  I also have been advised that the Marine Corps objective is to identify, treat and return alcoholics to full duty and to eraderate alcohol abuse, whenever possible.  I further understand that Level III Alcohol Rehabilitation failure that I must be processed for separation per paragraph 62910.2 of MCO P1900.16D (MARCORSEPMAN) as an alcohol rehabilitation treatment failure.].

Discharge package missing from service record. 

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 940901 under honorable conditions (general) due to alcohol abuse 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).

A characterization of service of under honorable conditions (general) is warranted when the member’s conduct constitutes a departure from that expected of a Marine.   The Applicant’s service was marred by frequent involvement with military authorities, award of one nonjudicial punishment (NJP) for unauthorized absence, and failure to complete an alcohol rehabilitation program.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service.  An upgrade to honorable would be inappropriate.  Relief denied.  

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, a positive employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence the Applicant is living an alcohol free life style, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct.   The Board was impressed with the Applicant’s efforts at continuing his education but did not consider the effort sufficient to warrant an upgrade of his discharge.  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 additional documentation to support any claims of post-service accomplishments at that time.  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 P1900.16D, effective 890627 until 950817), 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