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

FOR OFFICIAL USE ONLY

 ex-Cpl, USMC
Docket No. MD05-01531

Applicant’s Request

The application for discharge review was received on 20050913.  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 20060531.  After a thorough review of the available 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 to the Board:

“The reason for my claim is that my command at the time did not put me into a proper after care program after the completion of my level 3 treatment.  I was an alcoholic and still am.  Relapses are a part of the recovery process but because no help from my command was available to me my relapses became more frequent.  Instead of giving me the proper treatment that I required and requested, they decide to get rid of me.  I took it upon myself to seek the help I needed and have since been sober for 7 years.  I feel my discharge was unjust I was a model marine before these incidents and would have continued to be with the proper help.”

Documentation

Only the service record book and medical record were reviewed.  The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

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

	Inactive:  USMCR (DEP)	19930527 – 19940123	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19940124		Date of Discharge:  19980130

Length of Service (years, months, days):

Active:    04  00  06
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  18 

Years Contracted:  6

Education Level:  12				AFQT:  52

Highest Rank:  Cpl				MOS:  6060

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  NA*		Conduct:  NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  National Defense Service Medal, Sea Service Deployment Ribbon, Armed Forces Service Medal, Navy Achievement Medal, Joint Unit Citation, Good Conduct Medal, Humanitarian Service Medal, NATO Medal

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:

970204:	Medical evaluation:  970203:  Substance Abuse Counselor impression is Alcohol Abuse.  Medical Officer diagnosis is also Alcohol Abuse.  Applicant is scheduled for the next Level II Treatment Program.

970415:	Acknowledged understanding of eligibility but not recommended for promotion to Sgt for the month of May 97 due to poor judgment associated with an off-base incident.  Applicant chose not to make a statement.

970602:	Counseling:  Advised of deficiencies in performance and conduct (Alcohol related incident on 970119 and being arrested for DWI with a BAC .19%).  Disciplinary and discharge warning issued.

970604:	Ltr from Medical Officer, Marine Corps Air Station, New river:  Applicant was re-screened by GySgt R_, Substance Abuse Counselor, on 970527.  with an impression of Alcohol Dependence (303.90).  The Applicant was seen by a Medical Officer who concurs with the counselor’s impression of Alcohol Dependence (303.90).

970623:	Acknowledged understanding of eligibility but not recommended for promotion to Sgt for the month of July 97 due to poor judgment associated with an off-base incident.  Applicant chose not to make a statement.

970813:	Counseling regarding completion of Level III intensive inpatient/intensive outpatient treatment on 970723 and assignment to a Level III continuing care treatment program for a 12 month period ending 980722.  Necessary corrective actions explained and sources of assistance provided.  Disciplinary and discharge warning issued.

970815:	Evaluation by Medical Officer:  Client was seen today as a result of a recent relapse, 970808.  Client recently completed IOP treatment at ATF successfully 970723.  Client was referred to New River for continuing care.  Client stated he had not yet been scheduled for cont. care when he relapsed.  Client admitted attending a shop party and thought he could drink a couple of beers and stop, especially since he had been doing “so well” for so long.  Client stated he found out quickly he couldn’t and didn’t stop at two and drank five beers when he realized he better leave before he became drunk.  Client was walking on base and when he stopped at the MP station was asked if he had been drinking Client states he know he can’t drink just a couple and needs to abstain completely.  Client appears sincere.  He stated it might be what he needed to realize he can’t drink sociably.  Counselor recommends client attend AA and weekly visits SACO Cont. Care group at N R. if still available.  Client does not need to go back through OP or IOP treatment again at this time.

970923:	Acknowledged understanding of eligibility but not recommended for promotion to Sgt for the months of Sept and Oct due to an off-base DUI charge and subsequent alcohol related incidences.  Applicant chose not to make a statement.

970923:	Counseling:  Advised of deficiencies in performance and conduct (Concerning deficiencies and alcohol related incident: Coming to work late on 970918 and consuming alcoholic beverages while in an aftercare program.), necessary corrective actions explained and sources of assistance provided.

971213:	Applicant notified of intended recommendation for discharge with a characterization of service as general (under honorable conditions) by reason of alcohol rehabilitation failure.  The factual basis for this recommendation was the Applicant’s subsequent return to uncontrollable drinking and by failing to comply with the Continuing Care Program as evidenced by Applicant’s admission of drinking alcohol on 8 August 1997, being late for work and smelling of alcohol on [Applicant’s] breath on 18 September 1997.  Applicant informed the least favorable character of service possible is general (under honorable conditions).

971213:	Commanding Officer, Marine Heavy Helicopter Squadron 464, recommended Applicant be discharged under honorable conditions (general) by reason of alcohol rehabilitation failure.

971217:	Applicant advised of rights and having elected not to consult, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

971219:	Commanding Officer, Marine Aircraft Group 29 recommended the Applicant be honorably separated by reason of alcohol rehabilitation failure.

980108:	SJA review determined the case sufficient in law and fact.
980108:	Commanding General, 2d Marine Aircraft Wing, advised the Commandant of the Marine Corps (MMSB) that the Applicant will be discharged with a general (under honorable conditions) by reasons of alcohol rehabilitation failure. 
         Service Record was missing elements of the Summary of Service.
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980130 by reason of alcohol rehabilitation failure (A) with a service characterization of general (under honorable conditions).  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).  The Board presumed regularity in the conduct of governmental affairs (D).

When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable.  A general discharge 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 an alcohol-related incident on 19970119, resulting in the Applicant’s arrest for driving while impaired with a blood-alcohol content of .19%.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the Marine Corps and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

The Applicant implies an inequity in that his “command at the time did not put [him] into a proper after care program.”  Appropriate regulations indicate that any Marine offered Level III treatment will be processed for separation if the Marine does not successfully complete the Level III treatment, to include the period of aftercare.  The Applicant completed inpatient/outpatient Level III treatment on 19970723 and was subsequently assigned to aftercare.  The Applicant was evaluated on 19970815 as the result of a relapse on 19970808.  The Board did not find that the Applicant’s command failed to give him “proper treatment” or that the command acted improperly or inequitably.  Therefore, the Board determined the Applicant’s discharge proper and equitable.  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.  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 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.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.

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