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

  ex-PFC, USMC
Docket No. MD03-00966

Applicant’s Request

The application for discharge review was received on 20030507.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests 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 20040401.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/Alcohol Abuse Rehabilitation Failure (administrative discharge board not required), authority: MARCORSEPMAN Par. 6209.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

No issues were submitted by the Applicant. 

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		871210 - 881113	COG

Period of Service Under Review:

Date of Enlistment:  881114		Date of Discharge:  910708

Length of Service (years, months, days):

	Active:    02  07  25
	Inactive:  None

Age at Entry:  22			Years Contracted:  4 

Education Level:  12			AFQT:  33

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (8)			Conduct:  4.2 (8)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, LOA, Rifle Sharpshooter 

Days of Unauthorized Absence:  None 

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

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

Chronological Listing of Significant Service Events:

910204:	Counseled regarding my apprehension by civilian authorities for D.U.I. on 901208 with a .15% B.A.C.  I was screened by a substance abuse counselor on 901218 and referred to Level II and Level III Treatment.  I successfully completed Level II Treatment on 910118 with a poor prognosis and referred to Level III Treatment.  I understand that I have been placed into a pre-care treatment program in conjunction with Level III treatment and that failure to comply with any portion of the program in addition to further alcohol related incidents could be grounds for administrative processing for discharge.

910312:	NAVDRUGLAB [SAN DIEGO, CA], reported Applicant’s urine sample, received 910222, tested positive for Marijuana.

910314:	Counseled concerning initial refusal to attend Level III counseling.

910418:	Medical evaluation by Alcohol Rehabilitation Department, Naval Hospital, Camp Pendleton, California.  Discharged from inpatient treatment and considered an alcohol rehabilitation treatment failure.

	AXIS I: Alcohol Dependency

910424:	Counseled regarding my apprehension by civilian authorities for D.U.I. on 901208 with a .15% B.A.C.  I was screened by a substance abuse counselor on 901218 and referred to Level III Treatment.  I successfully completed Level II Treatment on 910118 with a poor prognosis.  I was admitted to Level III Treatment on 910319 and discharged from treatment on 910418 as a treatment failure due to lack of motivation and failure to comply with hospital rules.  While attending Level III Treatment, a urine sample I submitted on 910219 as part of a unit sweep was confirmed positive for Marijuana by Naval Drug Screening Lab message #122003Z Mar 91.  In addition, I also consumed alcohol while attending Level III Treatment.  I understand that I was discharged from treatment with a recommendation for administrative separation IAW MCO P5300.12 and MCO P1900.16 based upon my having no potential for future productive service.

910520:	NJP for violation of UCMJ, Article 112a: Wrongfully used marijuana on 910222; violation of UCMJ, Article 86: UA (AWOL) from 1100, 910509 to 0730, 910510.
Awarded forfeiture of $400.00 pay per month for 2 months, restriction for 40 days (suspended for 3 months), extra duties for 40 days, reduction to E-2.  Not appealed.

910520:	Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of alcohol rehabilitation failure, specifically failure to complete Level III Treatment.

910522:  	Applicant advised of his rights and having elected 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.

910605:	Commanding Officer recommended discharge general (under honorable conditions) by reason of alcohol rehabilitation failure, specifically failure to complete Level III Treatment.  The factual basis for this recommendation was your alcohol rehabilitation failure. 

910617:	GCMCA [Commanding General, MCB, CAMPEN] directed the Applicant's discharge general (under honorable conditions) by reason alcohol rehabilitation failure, specifically failure to complete Level III Treatment.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19910708 under honorable conditions (general) due to alcohol rehabilitation failure, specifically failure to complete Level III Treatment (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.  A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The Applicant’s service was marred by award of nonjudicial punishment (NJP) on one occasion for illegal drug use and his failure to complete alcohol rehabilitation treatment.  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 is inappropriate.  Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident 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.  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 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