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

 ex-Cpl, USMC
Docket No. MD99-00478

Applicant’s Request

The application for discharge review, received 990218, requested that the characterization of service on the discharge be changed to honorable.  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 000110.  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.

The NDRB did note an administrative error on the original DD Form 214.  Block 28, Narrative Reason for Separation should read:  “ALCOHOL REHABILITATION FAILURE” vice “ALCOHOL ABUSE FAILURE (NO BOARD REQURIED)”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I was discharged 1 month prior to my terminal leave date.  I had only 1 alcohol related incident in my record book.  The reason I was sent to Level II in the first place not due to a alcohol related incident entered in my record book, but because I was seeking marriage counseling and alcohol was mentioned on 1 occasion (which none of that was in my record book).  I was sent to Level II outpatient and completed treatment April of 96.  I was not to have any other alcohol related incidents for 1 year which is part of the aftercare treatment.  Dec 21 of 96 I had my 1st recorded incident.  I received a civil DUI which I have learned from.  Because of that incident I was to be admin separated immediately.  I was supposed to go on terminal leave July 24, 1997 and they would not   hold me 1 extra month to my terminal leave date.  I was discharged June 16, 1997 as a admin separation with a General Under Honorable Conditions.  I finished my enlistment as a E-4 Corporal, with only 1 alcohol related incident in my record book.  I have had my final Pro and Con Mark of 4.6 - 4.7 and obtained several awards.  I was a good Marine with only 1 alcohol related incident.  I would like to be upgraded to a Honorable and also have my reentry code changed along with separation code, due to my service which I still upheld through my previous enlistment.

Documentation

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

3 Copies of DD Form 214
Letter from M.P. W_, HQ & Support Battalion, MCB, Camp Pendleton of 12 Jan 98
Applicant's letter to the Board of Jan 2, 1998
Applicant's Administrative Separation Rebuttal Statement of 3 May 1997 
Applicant's letter to the Board of 10/16/99

PART II - SUMMARY OF SERVICE

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

	Active:    None
	Inactive:  USMCR(J)		930107 - 930907	COG

Period of Service Under Review:

Date of Enlistment:  930908		Date of Discharge:  970617

Length of Service (years, months, days):

	Active:    03  09  10
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  31

Highest Rank:  Cpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.4 (8)			Conduct:  4.34 (8)

Military Decorations:  None

Unit/Campaign/Service Awards:  REB(2), NDSM, MM, LOA(3), COC, NMCOR

Days of Unauthorized Absence:  None 

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

GENERAL (UNDER HONORABLE CONDITIONS)/ALCOHOL ABUSE FAILURE (NO BOARD REQUIRED), authority:  MARCORSEPMAN Par. 6209.

Chronological Listing of Significant Service Events:

940421:	NJP for violation of UCMJ, Article 121:  wrongfully appropriated a Sharp OZ-701A Time Expense Manager ID Card, valued at $92.00, the property of Ft Eustis Exchange.
Awarded forfeiture of $217.00 per month for 2 months.  Not appealed.

961230:	Counseled for deficiencies in performance and conduct (suspension of driving privileges for driving under the influence of alcohol/drugs, arrested by the civil authorities 12/20/96).  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

970116:	Not recommended for promotion due to Page 11 counseling on 961230, resulting from the alcohol offense noted on 961230.

970220:	NJP for violation of UCMJ, Article 92:  violation of BO 5101.3 (a base suspension as of 961231 for drunk driving which resulted in apprehension by Military Policy aboard Camp Pendleton, CA after a traffic stop was conducted.
	Award:  Forfeiture of $290 per month for 1 month, restriction and extra duty for 14 days (14 days restriction suspended for 6 months).  No indication of appeal in the record.

970213:	Substance Abuse Control Center, MCB, Camp Pendleton:  Applicant screened on 11 Feb 97 and meet criteria for a diagnosis of Alcohol Abuse (305.00).  Non-dependency confirmed by medical officer.  Initiate administrative separation due to treatment failure.  If retained, continuing care treatment is recommended.

960424:	Commanding officer recommended discharge with a general (under honorable conditions) by reason of alcohol rehabilitation failure.  The factual basis for this recommendation was due to applicant's assignment to and completion Level II outpatient treatment in March 1996 and he was stopped and received a DUI in December 1996 which violated his one year aftercare period.  Member was subsequently diagnosed as being nondependent to alcohol on 13 Feb 97 by a substance abuse counselor. Commanding officer’s comments (verbatim):  "Justification for general discharge to follow.  Corporal (Applicant) has two entries on his page 12 ...........  Corporal (Applicant) also has two entries in his page 11..........  While these entries seem numerous, they do not reflect a pattern of misconduct on the part of Corporal (Applicant).  Corporal (Applicant) has excellent marks in Service (4.4/4.3) and in Grade (4.6/4.6) for proficiency and conduct.  Mitigating information that would merit a general discharge include:  4 Letters of Appreciation, 1 Certificate of Commendation, and 1 Meritorious Mast.  Corporal (Applicant) also completed a successful tour in Iwakuni, Japan and was able to earn the Overseas Service Ribbon.  The fact remains that Corporal (Applicant) has been determined to be an alcohol abuser.  However, the service that is recorded in Corporal (Applicant)'s record book merits a general discharge."

970610:	GCMCA [CG, MCB, Camp Pendleton] directed the applicant's discharge with a general (under honorable conditions) by reason alcohol rehabilitation failure.  CMC was advised
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970617 with a general (under honorable conditions) 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).

In the applicant’s issue was he was discharged because of an alcohol incident that was not in his service record book.  The applicant fails to realize that he was discharged because of his arrest for DUI after completing his Level II training; this is considered an alcohol abuse failure and discharge is warranted.  The applicant also does not understand terminal leave; terminal leave is a privilege, not a right.  The applicant received a General Under Honorable Conditions discharge because of his record; his average proficiency and conduct marks for his career were 4.4 proficiency and 4.3 conduct.

Outstanding post-service conduct, 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, can be considered.  In determining whether a case merits a change based on post-service conduct, the Board considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships.  NDRB experience has shown that applicants with less than five years sobriety usually have not had sufficient opportunity to demonstrate continuing, positive contributions to society.  Therefore, relief will not be granted at this time.  The applicant is reminded that he remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at a personal appearance hearing is highly recommended.  The possibility of favorable action in the applicant’s case will increase with the amount of time he maintains an alcohol and drug free lifestyle.  Verifiable documentation of such a lifestyle is essential. 

Concerning a change in reenlistment code, the Board has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces.  This matter is under the jurisdiction of the Commandant of the Marine Corps, Headquarters Marine Corps (MMEA), 3280 Russell Road, Quantico, VA 22134.  Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment.  A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  

Relief in this case is denied.

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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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
		Washington Navy Yard
		720 Kennon Street SE Rm 309
		Washington, D.C.  20374-5023