Search Decisions

Decision Text

USMC | DRB | 1999_Marine | MD99-00858
Original file (MD99-00858.rtf) Auto-classification: Denied


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

ex-LCPL, USMC
Docket No. MD99-00858

Applicant’s Request
The application for discharge review, received 990609, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearings.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000310. 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: UNDER OTHER THAN HONORABLE CONDITIONS/ Misconduct – Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I feel I have done a service to my country, by participating in Desert Shield & Desert Storm. I am a decorated vet. Most of my problems in the Corps were alcohol/drug related. I have been diagnosed with PTSD & am currently going to readjustment counseling. I would over 70 hours a week trying to provide a decent living for my family. It would be a great help if I could get upgraded & get on with my life.
 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)                880202 - 881023  COG

 Period of Service Under Review :
Date of Enlistment: 881024               Date of Discharge: 940415

 Length of Service (years, months, days):

         Active: 05 05 22
         Inactive: None

 Age at Entry: 18                          Years Contracted: 6

 Education Level: 12                        AFQT: 77

 Highest Rank: CPL

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (14)             Conduct: 4.1 (14)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, CC, KLM, SSDR, SASM (2), GCM, LOA

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

880202:  Initial enlistment contract documents admission of pre-service marijuana experimentation. Enlistment waiver granted. Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
890322:  NJP for violation of UCMJ, Article 113: Sleeping on post.
 Awarded forfeiture of $125.00 per month for 2 months, restriction and
extra duties for 15 days. 5 days restriction and extra duties suspended for 6 months unless sooner vacated. Not appealed.
900215:  Counseled for deficiencies in performance and conduct, specifically failure to obey orders in a timely manner and blatant disrespect to an NCO. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
911009:  Counseled for deficiencies in performance and conduct, specifically alcohol related incident; driving under the influence with a BAC .80% or more. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

911108:  Successfully completed Level II treatment program.

920615:  NJP for violation of UCMJ, Article 134: Was disorderly by being combative and belligerent toward MP’s.
          Award: Forfeiture of $225 per month for 1 months, extra duty for 14 days. Forfeiture suspended for 6 months unless sooner vacated. Not appealed.

921030:  Not recommended for promotion to CPL for Nov92 because of recent NJP.

921117:  Not recommended for promotion to CPL for Dec because of recent NJP.

921207:  Not recommended for promotion to CPL for Jan93 because of recent pg 11 entry.

931013:  Counseled concerning deficiencies, specifically lack of professionalism and irresponsible conduct by blatant lost of military ID card. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
931021:  NJP for violation of UCMJ, Article 112a: used cocaine, a controlled substance.
         Award: Forfeiture of $541 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3. Not appealed.

940120:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by numerous derogatory counseling entries and 3 nonjudicial punishments..
940120:          Applicant advised of his rights and having elected not 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.

940120:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. The factual basis for this recommendation numerous derogatory counseling entries and 3 nonjudicial punishments.

940124:  SJA review determined the case sufficient in law and fact.

940127:  GCMCA [Cmdr,1 st MEB] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 940415 under other than honorable conditions for misconduct due to a pattern of misconduct (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

In the applicant’s issue, the Board does not accept alcohol/drug usage as a factor sufficient to exculpate the applicant from the consequences of his misconduct. While the Board recognizes that alcoholism and alcohol abuse are not, in themselves, offenses which constitute grounds for punishment, it reminds applicants who commit offenses while drinking that they are still responsible for their actions. They must accept the consequences of their misconduct or misbehavior. The use of drugs on the other hand, is a serious violation of the UCMJ and is not tolerated in the Marine Corps. The applicant received a waiver for prior service drug usage and was aware of the Marine Corps policy on the use of illegal drug usage. He was convicted at an NJP of cocaine use. Relief denied.

 The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E). The applicant must be aware that 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 the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. 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, may be considered by the NDRB. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.



Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6210, Misconduct , of the Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article [ e.g., Article 86, unauthorized absence for more than 30 days].
C. 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.

D. 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.

E. 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 St SE Rm 309
                  Washington, DC 20374-5023       


Similar Decisions

  • USMC | DRB | 2000_Marine | MD00-00787

    Original file (MD00-00787.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 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 (D and E).In the applicant’s issues, the Board found no evidence of addiction. At this time the applicant has not provided sufficient...

  • NAVY | DRB | 2002_Navy | ND02-00384

    Original file (ND02-00384.rtf) Auto-classification: Denied

    My discharge was inequitable because it was based on a "pattern of misconduct" isolated within the last 6 months of my service - my record until that point was spotless.2. 940829: BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. The Applicant asserts his overall service record warrants an upgrade to his discharge and his misconduct occurred during an isolated six months.

  • NAVY | DRB | 2003_Navy | ND03-00845

    Original file (ND03-00845.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. No indication of appeal in the record.010806: Punishment of 45 days restriction and 45 days extra duty previously suspended at CO’s NJP of 010405 vacated due to continued...

  • USMC | DRB | 2001_Marine | MD01-00713

    Original file (MD01-00713.rtf) Auto-classification: Denied

    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 (D and E).The applicant’s first issue states: “My "other than honorable" discharge was not appropriate for the offenses I committed. I request my discharge be upgraded to General Under Honorable Conditions.” The NDRB found the applicant’s service record demonstrated a pattern of misconduct according to regulations. Relief is...

  • NAVY | DRB | 2003_Navy | ND03-00316

    Original file (ND03-00316.rtf) Auto-classification: Denied

    Bill allotment funds that were deducted from my pay be re-embursed to me.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 870624 - 870705 COG Active: USN None Period of Service Under Review :Date of Enlistment: 870706 Date of Discharge: 890313 Length of Service (years, months,...

  • NAVY | DRB | 2004 Marine | MD04-00601

    Original file (MD04-00601.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. _______________________________________________________________________ In accordance with 32 C.F.R., section 724.166 and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to this Applicant’s petition. If processing is based solely upon...

  • NAVY | DRB | 2002_Navy | ND02-00859

    Original file (ND02-00859.rtf) Auto-classification: Denied

    The Applicant also requested a documentary record discharge review. I am very sorry for using drug in the U.S. Armed forces but after been discharge from the Navy I return home and by the grace of God I got me self together I have been off drug for 13 years. Evidence of continuing educational pursuits, a positive employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence that the Applicant is living a drug free life...

  • USMC | DRB | 2000_Marine | MD00-00144

    Original file (MD00-00144.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events :880723: Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.930408: NAVDRUGLAB [Oakland, CA], reported applicant’s urine sample, received 930405, tested positive for THC.930415: NJP for violation of UCMJ, Article 112A:Specification: Wrongfully use THC (marijuana) on 25Mar93. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the...

  • NAVY | DRB | 2005_Navy | ND0500831

    Original file (ND0500831.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 890106: NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730, December 30, 1988 to 2155, December 31, 1988. 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.

  • NAVY | DRB | 2000_Navy | ND00-00539

    Original file (ND00-00539.rtf) Auto-classification: Denied

    ND00-00539 Applicant’s Request The application for discharge review, received 000323, requested that the characterization of service on the discharge be changed to honorable. Award: Not found in service record. 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 (D and E).In response to the applicant’s issue, the Board does not accept alcohol abuse as a factor sufficient to...