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

FOR OFFICIAL USE ONLY

 ex-LCpl, USMC
Docket No. MD05-01002

Applicant’s Request

The application for discharge review was received on 20050524.  The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060830.  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) by reason of alcohol rehabilitation failure.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“My discharge was inequitable because of the offense I was charged with was not related to my Level III treatment and I believe I have repaid for this incident.  I would like to state that I believe I served sufficient time to be considered for an upgrade of my discharge.”

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

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

	Inactive:  USMCR (DEP)	19910813 – 19920705	ELS
		USMCR (DEP)	19920616 – 19920803	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19920804		Date of Discharge:  19970207

Length of Service (years, months, days):

Active:    04  06  04
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  18

Years Contracted:  6

Education Level:  12				AFQT:  69

Highest Rank:  LCpl				MOS:  1171

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.1 (14)				Conduct:  4.1 (14)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  National Defense Service Medal, Navy Unit Commendation Ribbon, Rifle Marksman Badge.

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:

920616:	Pre-service waiver granted.

940422:	NJP for violation of UCMJ, Article 86: Failed to go to appointed place of duty, to wit: NADSAP, bldg 14008 from 0731, 940413 to 1015, 940413.
	Award:  Forfeiture of $200 per month for 1 month, restriction and extra duty for 14 days.  Forfeiture of $100 per month for 1 month suspended for 6 months.  Not appealed.

940523:	Competency for duty examination:  Applicant found unfit to perform duty due to alcohol or drugs.  Applicant admitted to sickliest.

940524:	B.A.S.: Follow up to SIQ for ETOH.  Applicant returned to full duty.

940526:	NJP for violation of UCMJ, Article 86: Failed to go to appointed place of duty, to wit: CSACC, Camp Pendleton, CA on or about 0730, 940523 to 0930, 940523.
Violation of UCMJ, Article 134: Drunk and disorderly, to wit: unfit for duty to wit: being drunk on or about 0930, 940523.
	Award:  Forfeiture of $466 per month for 1 month, restriction and extra duty for 45 days, reduction to E-2.  Forfeiture suspended for 6 months.  Not appealed.

940607:	Forfeiture of pay awarded at NJP on 940422 vacated.

940803:	B.A.S.: Applicant referred for SACO evaluation.  Impression:  ETOH abuse/alcoholism.  Recommendation:  Level II treatment.

941011:	Counseling:  Advised of deficiencies in performance and conduct (Article 87 of the UCMJ missing movement.).

941209:	Medical Officer recommends CSACC evaluation of Applicant for ETOH dependency.

941209:	Consolidated Substance Abuse Control Center (CSACC) evaluation:  Applicant referred by Level II/self for drinking too much to often.  Impression:  Alcohol dependence.
	Recommendation:  If SNM receives NJP for Level II UA he will have 3 NJP’s, a pattern of misconduct, can be processed for administrative separation.  If separated, he has been counseled on VA.  If retained, Level III.

950126:	Director, Consolidated Substance Abuse Control Center, notified Commanding Officer, 7th Engineer Support Battalion, 1st Force Service Support Group, Camp Pendleton of Level III bed site at the Naval Addiction Rehabilitation Education and Training Department beginning 1 March 95.

950329:	Commanding Officer, Naval Hospital, Camp Pendleton, CA notified Commanding Officer, 7th HESBN, SPTCO, 1st FSSG, of Applicant’s completion of Level III treatment.

950830:	Director, Consolidated Substance Abuse Control Center of Applicant’s completion of formal aftercare program.  Continued Treatment Plan: Mandatory attendance at a minimum of 3 AA meetings weekly to be monitored by the unit SACO.  Weekly progress meetings with unit SACO.  Additional comments: LCpl T_(Applicant)’s participation in continuing care group was minimal.  His progress upon completion is guarded.  SNM is to abstain from alcohol while in informal aftercare.

960601:	Applicant arrested for driving under the influence of an alcoholic beverage and a drug and under their combined influence and drive a vehicle while having a 0.08 percent and more, by weight, of alcohol in blood.

960910:	Consolidated Substance Abuse Control Center evaluation:  Impression:  Alcohol dependence, not in remission.  Recommendations: Expeditious processing for admin sep as pattern of misconduct and treatment failure.  If retained, command monitored continuing care program.

961022:	Applicant signed Veterans Administration statement of understanding declining treatment.

Unreadable:	Applicant notified of intended recommendation for discharge with a characterization of service of under honorable conditions (general) by reason of Level III after-care failure and alcohol dependency.  The factual basis for this recommendation was the Medical Officer’s evaluation and your DUI on 960601.  Applicant notified that the least favorable characterization of service is under honorable conditions (general).

961023:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

961023:	Commanding Officer, 7th Engineer Support Battalion recommended to Applicant’s discharge with a general (under honorable conditions) by reason of level III after-care failure and alcohol dependency.  Commanding Officer’s comments:  “LCpl T_(Applicant) was assigned to Intensive Level III treatment on 950301.  This was conducted by the Consolidated Substance Abuse Control Center from 950301 to 950329.  SNM successfully completed the Intensive Level III Treatment and was subsequently required to attend a 12 week after-care cycle.  SNM completed the after-care program 950830.  LCpl T_(Applicant)’s Level III failure ws due to his DUI on 960601.
Per the reference, I recommend that LCpl T_(Applicant) be separated from the U. S. Marine Corps by reason of level III after-care failure and alcohol dependency.  I further recommend that the characterization of service be under honorable conditions (general).”

961212:	Counseling:  Advised of deficiencies in performance and conduct (Alcohol related incident, specifically, on 960601 Applicant was arrested off Base for DUI with a BAC of 0.08%.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant chose to make a statement.

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

970123:	GCMCA, Commanding General, 1st Force Service Support Group, advised the Commandant of the Marine Corps that the Applicant was directed discharge with a general (under honorable conditions) by reason of misconduct due to alcohol rehabilitation failure.  GCMCA directed the Commanding Officer, 7th Engineer Support Battalion, to separate the Applicant as soon as possible with an honorable discharge.

970122:	Applicant found fit for separation.

970207:	DD Form 214: Applicant discharged General (Under Honorable Conditions) by reason of misconduct due to Alcohol Rehabilitation Failure.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970207 by reason of alcohol rehabilitation failure (A) with a service characterization of general (under honorable conditions).  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 (B and C).

The Applicant contends that his discharge is inequitable because his offenses were not related to his Level III treatment.  The Applicant’s records show that the Applicant completed Intensive Level III treatment on 19950329 and the formal Aftercare Program on 19950830.  The Applicant’s continuing informal aftercare program required abstinence from alcohol.  On 19960601, the Applicant was arrested for driving under the influence.  Applicable regulation holds that any Marine who successfully completes treatment and subsequently returns to uncontrolled alcoholic drinking, or whose standard of performance and/or conduct remains below Marine Corps standards and who is not considered amenable to, or qualified for additional treatment will be processed for separation.  After a complete review of the Applicant’s case, the Board unanimously concluded that his discharge was proper and equitable as issued.  Relief denied.

The Applicant informs the Board that his time served is sufficient to warrant an upgrade to honorable.  When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions.  Characterization of service as under other than honorable conditions 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.  There is irrefutable evidence that the Applicant’s conduct during his time in the Marine Corps was not honorable.  Indeed, the Applicant’s records contain:
•	Non-judicial punishment proceedings on 19940422 for violation of UCMJ Article 86 Unauthorized absence;
•	Non-judicial punishment proceedings on 19940526 for violation of UCMJ Article 86 Unauthorized absence and Article 134 Drunk and disorderly;
•	Counseling entry on 19941011 for deficiencies in performance and conduct concerning violation of UCMJ Article 87 Missing movement; and
•	Civil arrest on 19960601 for driving under the influence. 
The Applicant’s conduct, which forms the primary basis for determining the character of his service, falls well below that required for an honorable characterization of service.  Relief denied.

The following is provided for the Applicant’s edification.  While 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 service, the Board is authorized to consider post-service factors in the recharacterization of a discharge to the extent 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 such as evidence of continuing educational pursuits, verifiable employment records, documented community service, certification of non-involvement with civil authorities, and credible evidence of a substance free lifestyle 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.  At this time, the Applicant did not provided any post-service documentation for consideration.  Relief on this basis is not warranted.

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 documentation to support post-service accomplishments or any other evidence related to the discharge 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 P1900.16E), effective 950818 until 010831, Paragraph 6209, ALCOHOL REHABILITATION FAILURE.

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 “http://Boards.law.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:

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