Search Decisions

Decision Text

USMC | DRB | 2000_Marine | MD00-00770
Original file (MD00-00770.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD00-00770

Applicant’s Request
The application for discharge review, received 000530, 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 010116. 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.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. After a Special Court Martial, which I was awarded 35 days confinement, a fine, and no discharge, I was told I would be retained in order to train new Marines sent to our machinegun platoon and would be fully intergrated back into the platoon. I gratefully accepted and tried diligently to perform to the best of my abilities and win back the respect of both my peers and my superiors. Upon return to Camp Pendleton in May 1999, I learned that an administrative separation package that was started in September 1998 would be reinstated in order to separate me one month from my scheduled EAS. This action was taken without regard to request from my entire platoon chain of command, including my company commander, a Certificate of Commendation while serving as a machine gunner, and winning a battalion level meritorious promotion competition that I was denied for no stated reason.

2. Since my separation from active duty, I have maintained steady employment with Cattle Barron Restaurants while attending Eastern New Mexico University. After summer school, I plan to attend Texas Tech University to pursue a degree in Computer Science. Despite my mistakes, I learned many valuable lessons from four years service in the Marine Corps that will help me achieve my goals in life, and I do not regret serving. I ask that you take the positive aspect of my record into account as my immediate command did and not negatively impact the remainder of my life for actions I regret and paid for. Please find letter of recommendation from employment Supervisor and English Professor.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copies of DD Form 214 (2)
Police Record Check Request
Employment Reference Letter
English Honor's Reference Letter
Grade Report
Copy of Letters of Retention (5)
Copy of Certificate of Commendation

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                950225 - 950731  COG

 Period of Service Under Review :
Date of Enlistment: 950801               Date of Discharge: 990830

 Length of Service (years, months, days):

         Active: 04 00 29
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 67

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.0 (9)                       Conduct: 3.9 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, AFEM (Persian Gulf), SSDRw1*, GCM, LOA

 Days of Unauthorized Absence: 53

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 :

950213:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
971031:  NJP for violation of UCMJ, Article 86: (2 Specs), Spec 1: Without authority, absent himself from 970826 to 970925 from building 620432 to wit: Golf Company, 2d Battalion, 4 th Marines, 1 st Marine Division, located at Camp Pendleton, California, Spec 2: Without authority, absent himself from 970930 to 971024 from building 620432 to wit: Golf Company, 2d Battalion, 4 th Marines, 1 st Marine Division, located at Camp Pendleton, California.
 Awarded forfeiture of $500.00 per month for 2 months, restriction and
extra duties for 45 days, reduction to E-2. Not appealed.
980116:  NAVDRUGLAB [SAN DIEGO, CA], reported applicant’s urine sample, received 980109, tested positive for [THC].
980302:  Summary Court Martial for violation of the UCMJ, Article 112a: Wrongfully use marijuana.
         Sentence: Confinement for 30 days, forfeiture of $517.00 pay per month for 1 month, reduction to E-1.
         CA (980303) Sentence approved and order executed.

980318:  NAVDRUGLAB [SAN DIEGO, CA], reported applicant’s urine sample, received 980318, tested positive for [THC].

980612:  Special Court Martial for violation of the UCMJ, Article 112a: Wrongfully of use marijuana.
         Sentence: Confinement for 35 days, forfeiture of $617.00 pay per month for 1 month.
         CA (980827) Sentence approved and order executed.

981022:  Applicant refused medical officer evaluations.

990524:  Counseled for deficiencies in performance and conduct. [Flagrant and willful violation of Article 92 (Failure to Obey Order or Regulation) and 134 (Indecent Exposure) in which you did demean another Marine while aboard the USS Dubuque by standing over him and exposing yourself at him and having a photograph taken of the unprofessional conduct.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
990602   NJP for violation of UCMJ, Article 92: Violate a lawful general order, to wit: Marine Corps Order 1700.28 dated 970618, Hazing, by wrongfully subjecting LCpl R_____ to a humiliating and demeaning act, violation of UCMJ, Article 134: Willfully and wrongfully expose in an indecent matter to public view his genitals towards LCpl R_____.
 Awarded forfeiture of $400.00 per month for 2 months, restriction and
extra duties for 45 days, reduction to E-2 (suspended for 6 months) . Not appealed.
990617:  Counseled for deficiencies in performance and conduct. [Illegal drug involvement; specifically, Marijuana use twice as indicated by NAVDRUGLAB SDIEGO LAB Number S9803115038 and S9801069117.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990713:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse. The factual basis for this recommendation was your SPCM on 980612 for violation of article 112a, your SCM on 980302 for violation of article 112a, your NJP on 971030 for violation of article 86 x 2, your NJP on 990602 for violation of articles 92 and 134.
990713:  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.

990713:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.

990810:  GCMCA [Commander, 1 st Marine Division (REIN)] 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 990830 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).

In the applicant’s issue 1, the Board concurs that the applicant was discharged within one month of his EAS and that his immediate chain of command recommended his retention. However, the Board found that the applicant did not serve honorably and did not warrant an honorable discharge. The applicant had one NJP, one Summary Court Martial for illegal use of marijuana, and one Special Court Martial for a second illegal drug offense. The applicant understood the Marine Corps policy regarding the use of illegal drugs, yet he chose to ignore that policy. Regardless of the closeness to his EAS, the applicant was properly discharged. Relief denied.

 The following is provided for the applicant’s edification. The NDRB is authorized to consider 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. However, there is no law or regulation that 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 be found to have existed during the period of enlistment in question. No such error or injustice is evident in the applicant’s service record. In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships. The applicant's efforts need to be more encompassing than those provided. The applicant should have produced evidence of documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs in order for consideration for clemency based on post-service conduct. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. The applicant is reminded that he remains eligible for a personal appearance hearing provided that an application is received within 15 years from the date of discharge.

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.
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

  • NAVY | DRB | 2004 Marine | MD04-00682

    Original file (MD04-00682.rtf) Auto-classification: Denied

    “I contend that my Other Than Honorable Discharge should be upgraded to General Under Honorable Conditions and that the narrative reason of for separation be changed from Misconduct Due To A Pattern Of Misconduct to Weight Control Failure. Not appealed.981106: Vacate suspended forfeiture awarded at CO’s NJP dated 981001.981111: NJP for violation of UCMJ, Article 86:Specification: Absent from appointed place of duty on 0600, 981016.Awarded forfeiture of $591.00 per month for 2 months,...

  • USMC | DRB | 2003_Marine | MD03-00533

    Original file (MD03-00533.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Documentation Only the service and medical records were reviewed, as the Applicant did not provide additional documentation for the Board to consider. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 20001214, as stated by the Applicant, under other than honorable conditions for misconduct due to...

  • NAVY | DRB | 2003_Navy | ND03-01108

    Original file (ND03-01108.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. I made a few West-Pac tours on the Okinawa and made two trips to the Persian Gulf on mine sweeping operations. 980511: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended...

  • USMC | DRB | 1999_Marine | MD99-01093

    Original file (MD99-01093.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 applicant did not provide any documentation of good character or conduct, which would warrant an upgrade to his discharge. The applicant remains eligible for a personal appearance hearing, to discuss his post-service accomplishments,...

  • USMC | DRB | 1999_Marine | MD99-00934

    Original file (MD99-00934.rtf) Auto-classification: Denied

    Within my three years eight months and twenty-one days of service, this is the only incident on my service record. Throughout my service in the Marine Corps, I have conducted and performed to the best of my ability. 980223: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge with a general (under honorable...

  • USMC | DRB | 2002_Marine | MD02-00601

    Original file (MD02-00601.rtf) Auto-classification: Denied

    Documentation In addition to the service record (there was NO DISCHARGE PACKAGE AVAILABLE), the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 Police Record Report PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USMC None Inactive: USMCR(J) 970912 - 980628 COG Period of Service Under Review :Date of Enlistment: 980629 Date of Discharge: 991013 Length of Service (years, months,...

  • USMC | DRB | 2000_Marine | MD00-00188

    Original file (MD00-00188.rtf) Auto-classification: Denied

    MD00-00188 Applicant’s Request The application for discharge review, received 991118, requested that the characterization of service on the discharge be changed to General/under Honorable conditions. There's nothing more I want to do than become a marine again. 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...

  • NAVY | DRB | 2001_Navy | ND01-00699

    Original file (ND01-00699.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-SR, USN Docket No. ND01-00699 Applicant’s Request The application for discharge review, received 010424, requested that the characterization of service on the discharge be changed to honorable or entry level separation or uncharacterized and the reason for the discharge be changed to convenience of the government. Documentation In addition to the service record, the following additional...

  • USMC | DRB | 2006_Marine | MD0600139

    Original file (MD0600139.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. My error in judgment had scarred my otherwise exemplarity record.” Documentation In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USMCR (DEP) 20020610 -...

  • USMC | DRB | 2000_Marine | MD00-00811

    Original file (MD00-00811.rtf) Auto-classification: Denied

    Sentence approved and order executed except forfeiture of $200 per month for 2 months is suspended for 6 months.930625: NIS report whereby applicant admits to buying anabolic steroids from another Marine.930708: NJP for violation of UCMJ, Article 112a: on or about Mar 93 to Apr 93 wrongfully posses anabolic steroids. Not appealed.930714: SSPCMO: Due to commission of a UCMJ violation during the probation period, the suspended forfeiture of $200 pay per month for 2 months issued pursuant to...