Search Decisions

Decision Text

USMC | DRB | 2000_Marine | MD00-00267
Original file (MD00-00267.rtf) Auto-classification: Denied


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


ex-LCpl, USMC
Docket No. MD00-00267

Applicant’s Request
The application for discharge review, received 991216, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000817. 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, authority: MARCORSEPMAN 6210.5.
The NDRB did note an administrative error on the original DD Form 214. Block 24, Character of Service should read: “UNDER OTHER THAN HONORABLE CONDITIONS” vice “GENERAL (UNDER HONORABLE CONDITIONS).” The original DD Form 214 should be corrected or reissued as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues
Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copies of DD Form 214 (2)
Copy of DD Form 215

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
          Inactive: USMCR(J)                930901 - 940418  COG

 Period of Service Under Review :
Date of Enlistment: 940419               Date of Discharge: 960827

 Length of Service (years, months, days):
         Active: 02 04 09
          Inactive: None
Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 32

 Highest Rank: LCpl
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (4)                       Conduct: 4.4 (4)
Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, Rifle Expert Badge, Pistol Sharpshooter Badge

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN 6210.5.

 Chronological Listing of Significant Service Events :

930804:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
960516:  NAVDRUGLAB [SAN DIEGO, CA], reported applicant’s urine sample, received 960513, tested positive for [THC].
960530:  SNCOIC, (CDACC) indicates applicant was assessed by a Substance Abuse Counselor and a Medical Officer and diagnosed as a Marijuana abuser, recommended Administrative discharge.

960621:  Pretrial agreement indicates applicant certified that for good consideration and after consultation with his counsel, and in exchange for the Convening Authority adjudicating this case as nonjudicial punishment, he agreed to plead guilty in accordance with his plea as stated in this agreement.
960717:  NJP for violation of UCMJ, Article 112a: Did use an illegal controlled substance to wit: THC.
 Awarded forfeiture of $490.00 per month for 1 month, restriction and
extra duties for 45 days, reduction to E-2. Not appealed.
960724:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse.
960725:  Applicant advised of his rights and having elected 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.
960729:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse. The factual basis for this recommendation was your Battalion non-judicial punishment on 960710, in which you were found guilty of drug abuse.
960814:  SJA review determined the case sufficient in law and fact.

 960827:  GCMCA [Commanding General, 1 st Marine Division] directed the applicant's discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960827 under Other Than Honorable conditions for misconduct due to Drug abuse (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).
The applicant introduced no decisional issues for consideration by the Board. Relief denied.

 The applicant’s DD Form 214 currently states, in block 24, the characterization of service was, General (under Honorable conditions). The applicant’s service record clearly documents that the Commanding General directed the applicant’s discharge as Under Other Than Honorable Conditions, reenlistment code RE-4B and separation code HKK1. The applicant’s DD Form 214 should be corrected to accurately reflect the character of service directed by the Commanding General.

 Pertinent Regulation/Law (at time of discharge)
A. Paragraph 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 to Present.

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 view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.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:
                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                   Washington Navy Yard DC 20374-5023      


Similar Decisions

  • USMC | DRB | 2000_Marine | MD00-00358

    Original file (MD00-00358.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 (C and D).The applicant introduced no decisional issues for consideration by the Board. At this time the applicant has not provided sufficient documentation of good character and conduct. You should read Enclosure (5) of the Directive before submitting such a complaint.

  • USMC | DRB | 2000_Marine | MD00-00266

    Original file (MD00-00266.rtf) Auto-classification: Denied

    Issues Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. 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 introduced no decisional issues for consideration by the Board. PART IV - INFORMATION FOR THE APPLICANT If you believe that the decision in your case is unclear, not responsive...

  • USMC | DRB | 1999_Marine | MD99-00797

    Original file (MD99-00797.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 000403. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS, with the Reason for Separation corrected to reflect "Misconduct-Drug abuse (with admin discharge board), authority: MARCORSEPMAN Par. Pertinent Regulation/Law (at time of discharge)A. Paragraph 6210 MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C), Change 2, effective 15 Apr 84 until 28 Jul 87.B.

  • USMC | DRB | 2003_Marine | MD03-00049

    Original file (MD03-00049.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant's DD Form 214 (Member 4) (2 copies) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 950322 - 950326 COG Period of Service Under Review :Date of Enlistment: 950327 Date of Discharge: 990115 Length of Service (years, months, days):Active: 03 09 19 Inactive: None Necessary...

  • USMC | DRB | 2002_Marine | MD02-00340

    Original file (MD02-00340.rtf) Auto-classification: Denied

    MD02-00340 Applicant’s Request The application for discharge review, received 020128, requested that the characterization of service on the discharge be changed to honorable. I strongly recommend that LCpl (applicant) be discharged from the Marine Corps IAW P5300.12 Paragraph 2203.2, Change 4, and I further recommend that the characterization of discharge be Other Than Honorable. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the...

  • USMC | DRB | 2001_Marine | MD01-00319

    Original file (MD01-00319.rtf) Auto-classification: Denied

    870717: NAVDRUGLAB, Jacksonville, FL, reported applicant’s urine sample, received 870706, tested positive for THC.870823: Applicant received Level I drug and alcohol counseling and placed on unit's urinalysis screening program. Not appealed.871030: NAVDRUGLAB, Jacksonville, FL, reported applicant’s urine sample, received 871019, tested positive for THC.871125: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to...

  • USMC | DRB | 2002_Marine | MD02-01132

    Original file (MD02-01132.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant's DD Form 214 (Member 1 and 4) Personal Statement from Applicant Charge sheet dated July 21, 1999 Five pages from Applicant's service record Letter from current work/study supervisor College transcript PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 950815 - 951022 COG Period...

  • USMC | DRB | 2000_Marine | MD00-00426

    Original file (MD00-00426.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 introduced no decisional issues for consideration by the Board. 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., 112a, wrongful use of...

  • USMC | DRB | 1999_Marine | MD99-01251

    Original file (MD99-01251.rtf) Auto-classification: Denied

    Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.970319: NJP for violation of UCMJ, Article 86:Specification: Unauthorized absence from 0730, 31Jan97 to 0825, 5Feb97 (5 days/surrendered). 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).The applicant introduced no decisional issues for consideration...

  • USMC | DRB | 1999_Marine | MD99-00899

    Original file (MD99-00899.rtf) Auto-classification: Denied

    Issues Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. Disciplinary and administrative discharge warnings issued.960311: Counseled regarding deficiencies, specifically, the illegal drug involvement, use of marijuana, identified through NAVDRUGLAB SDCA urinalysis test, 162023Z JAN 96. You may obtain a copy of DoD Directive 1332.28 by writing to: DA Military Review Boards Agency Management Information and Support...