DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
RDZ:ecb
Docket No. 07509-12
25 September 2012
From: Chairman, Board for Correction of Naval Records
Le: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF FORMER]
Ret: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) Subject's naval record
(3) Navy and Marine Corps Achievement Medal Citation
1. Pursuant to the provisions of reference (a), Petitioner, applied
to this Board requesting that the other than honorable discharge
(OTH) issued to him on 11 January 2006 be upgraded to honorable.
2. The Board, consisting of Messrs Genteman, Grover and Preififter:,
reviewed Petitioner's allegations of error and injustice on 28 August
2012 and, pursuant to its regulations, determined that the corrective
action indicated below should be taken on the available evidence of
record. Documentary material considered by the Board consisted of
the enclosures, naval records, and applicable statutes, regulations
and policies.
3. The Board, having reviewed all the facts of record pertaining to
Petitioner's allegations of error and injustice finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and regulations
within the Department of the Navy.
b. Petitioner's application to the Board was filed in a timely
manner.
c. Petitioner enlisted in the Marine Corps on 11 March 2002 for
a term of four years.
d. Prior to enlisting Petitioner admitted to using marijuana but
was given a waiver by Marine Corps officials based on his assurances
that he would refrain from illegal drug use if he were allowed to
enlist. During his initial enlistment processing Petitioner was
fully briefed on the Marine Corps’ zero tolerance drug policy and
the consequences of any violations of that policy.
e. Petitioner’s record showed he deployed twice to Iraq and engaged
in combat operations against insurgent forces. During his second
deployment he was cited for personal heroism while under fire from
enemy forces and awarded the Navy and Marine Corps Achievement Medal.
The citation setting forth Petitioner’s actions that formed the basis
for this award is attached at enclosure (3).
£. After his return from Iraq Petitioner received nonjudicial
punishment (NJP) for illegal drug usage (marijuana). He admitted
to using marijuana more than once in order to alleviate such problems
as sleeping, nightmares, survivor guilt and anger management.
Medical authorizes subsequently diagnosed Petitioner as suffering
from a mild form of posttraumatic stress disorder (PTSD). On 31
October 2005 Petitioner received a second NUP for violating a
domestic protective order by engaging in authorized contacts with
his spouse. Eventually Petitioner was administratively discharged
with an OTH due to drug abuse after having served a little over three
years and ten months of his four year enlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board
concludes that as a matter of clemency partial relief is warranted.
Specifically Petitioner’s OTH should be upgraded to general under
honorable conditions. However the Board also concludes that his
request for a fully honorable should be denied. The Board bases it
recommendation for partial relief on Petitioner’s individual heroic
bravery under fire on several occasions during his service in Iraq
as well as the fact that his unlawful use of marijuana was to some
extent due to his combat related PTSD. Although these factors
provide sufficient mitigation to upgrade his OTH to general they
cannot excuse or justify Petitioner’s willful commission of the
serious offense of unlawfully using drugs after having been Fully
briefed on the Marine Corps’ zero tolerance drug policy and granted
a waiver to enlist due to pre-service use of marijuana. Under these
circumstances the Board believes a fully honorable discharge is not
warranted even as a matter of clemency.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that 11 January
2006 he was issued a general discharge under honorable conditions
in lieu of the other than honorable discharge originally issued on
that date.
b. That Petitioner’s request for an honorable discharge be denied.
c. That upon request, the Department of Veterans’ Affairs be informed
that Petitioner's application was received by the Board on 13 July
2012.
d. That a copy of this Report of Proceedings be filed in Petitioner's
naval record.
4. It is certified that a quorum was present at the Board's review
and deliberations, and that the foregoing is a true and complete
record of the Board's proceedings in the above entitled matter.
Ta, Cc
ROBERT D. ALMAN BRIAN J. GEORGE
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section 6(e)
of the revised Procedures of the Board for Correction of Naval Records
(32 Code of Federal Regulations, Section 723.6[e]), and having
assured compliance with its provisions, it is hereby announced that
the foregoing action, taken under the authority of reference (a),
has been approved by the Board on behalf of the Secretary of the Navy.
Yo Rann!
W. DEAN PFEXVF
Executive Die
NAVY | BCNR | CY2009 | 04892-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 June 2009. Documentary material considered by the Board consisted of your application, together with ali material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the ' existence of probable...
USMC | DRB | 2014_Marine | MD1400452
Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record:Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...
USMC | DRB | 2012_Marine | MD1200092
On 4 May 2005, the Separation Authority, after considering the facts and circumstances surrounding the Applicant’s case, directed that he be separated from the Marine Corps with an Under Other Than Honorable Conditions discharge due to Misconduct (Drug Abuse). At the time of his administrative separation processing, the Applicant submitted a written statement to his chain of command admitting that he purposefully violated the USMC drug policy in order to be separated from the Marine Corps...
USMC | DRB | 2011_Marine | MD1101996
” On 17 May 2005, the Separation Authority directed that the Applicant be separated from the Marine Corps with a General (Under Honorable Conditions) discharge due to Misconduct (Drug Abuse). The Applicant contends his discharge was improper/inequitable, because the evidence used to process him for discharge did not include the lab test results.The NDRB conducted a detailed review of the Applicant’s records to determine whether his discharge met the pertinent standards for propriety and...
NAVY | BCNR | CY2011 | 06557-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 November 2011. In support of your case you admitted using marijuana but claimed you had used it only once. Your claim of one time usage was in direct conflict with the entry in your Marine Corps record dated 3 February 1997 showing that you spontaneously told your company commander that you had used marijuana on more than one occasion.
NAVY | BCNR | CY2008 | 05814-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
USMC | DRB | 2010_Marine | MD1001823
The Applicant was separated from the Marine Corps on 19 Feb 2009 with an Under Other Than Honorable Conditions discharge due to Misconduct (Drug Abuse).Issues 1 and 2: (Decisional) () . After detailed review and careful consideration of all the available evidence, to include the Applicant’s purposeful failure to keep his command informed of his medical status and his willingness to jeopardize the lives of his fellow Marines by using illegal drugs while conducting combat operations within...
USMC | DRB | 2011_Marine | MD1102087
Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record:Other Records:Verbatim Record of Trial by SPCM Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: Pertinent Regulation/Law...
NAVY | BCNR | CY2010 | 03117-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 July 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
USMC | DRB | 2013_Marine | MD1300543
However, he tested positive for marijuana on 13 June 2008 and was again counseled on the Marine Corps policy and warned that the consequences of drug abuse would be mandatory processing for administrative separation. After a complete review of the records, the NDRB determined the Marine Corps provided mitigation, likely due to his combat service and diagnoses of PTSD and TBI, after his first in-service marijuana use by suspending his discharge for 12 months. ” Additional Reviews : After a...