Search Decisions

Decision Text

USMC | DRB | 2000_Marine | MD00-00856
Original file (MD00-00856.rtf) Auto-classification: Denied


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


ex-LCpl, USMC
Docket No. MD00-00856

Applicant’s Request
The application for discharge review, received 000626, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 010201. 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-Drug abuse (with administrative discharge board), authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues
1. My discharge is not proper for my future accomplishments. I cannot better myself with this discharge.

 2. Prior to my discharge, I honorable and outstanding.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Reference Letter
Employment Reference Letter
 Letter from Applicant
 Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              840828 - 870929  HON
          Inactive: USMCR(J)                830930 - 840827  COG
Period of Service Under Review :
Date of Enlistment: 870930               Date of Discharge: 890914

 Length of Service (years, months, days):
         Active: 01 11 16
         Inactive: None
Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 33
Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.30 (5)             Conduct: 4.1(5)
Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksman Badge, SSDR, GCM, MUC, LOA

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS /Misconduct-Drug abuse (with administrative discharge board), authority: MARCORSEPMAN Par. 6210.5.

 Chronological Listing of Significant Service Events :

840828:  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.
870930:  Reenlisted at 4THBN 12THMAR 3DMARDIV for 4 years.

 880111:  Counseled for deficiencies in performance and conduct. [Unsatisfactory performance of duty as Orders Clerk, specifically, SNM counseled due to inattention of detail and lack of initiative by failing to initiate action to correct discrepancies noted on PCS travel claims for Marines of this battalion and failing to track orders and travel claims.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

890324:  NJP for violation of UCMJ, Article 112a: Wrongful use of marijuana on or about 890109.
 Awarded forfeiture of $300.00 per month for 2 months, restriction for 20 days, extra duties for 25 days, reduction to E-3. Not appealed.
890328:  Counseled for deficiencies in performance and conduct. [Your positive urinalysis for marijuana which resulted in NJP] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
890329:  Medical evaluation for drug abuse found the applicant to be not drug dependent
890518:  NAVDRUGLAB [SAN DIEGO, CA], reported applicant’s urine sample, received 890509, tested positive for [THC].
890526:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
890526:  Commanding Officer, H&H MCAS El Toro CA recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was your NJP of 890316 for positive urinalysis and your recent positive urinalysis while on the Unit Surveillance Program.
890621:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

 890801:  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 under other than honorable conditions.

890804:  SJA review determined the case sufficient in law and fact.
890807:  GCMCA [Commander, Marine Corps Air Bases Western Area] 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 890914 under other than honorable conditions for misconduct due to drug abuse (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).
The applicant states in issue 1, that he cannot better himself with this discharge. The Board determined this issue is without merit. The NDRB is under no obligation to upgrade an applicant’s discharge to allow him to better himself. The applicant knowingly used THC, a drug he knew to be illegal, at least 2 times in his second enlistment. He was correctly discharged. Relief denied.
Issue 2 is non-decisional. The applicant abused THC, was caught and administratively discharged in accordance with regulations. Relief denied.

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. 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 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 | 2003_Marine | MD03-01333

    Original file (MD03-01333.rtf) Auto-classification: Denied

    MD03-01333 Applicant’s Request The application for discharge review was received on 20030805. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 000814: Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.010123: Applicant notified of intended recommendation for discharge under other than honorable...

  • 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 | 1999_Marine | MD99-01149

    Original file (MD99-01149.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Employment Reference Letter Copy of DD Form 214 Letter from applicant dated Aug 22, 1999 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USMC None Inactive: USMCR(J) 861201 - 870630 COG Period of Service Under Review :Date of Enlistment: 870701 Date of Discharge:...

  • USMC | DRB | 2003_Marine | MD03-01149

    Original file (MD03-01149.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. Not appealed.930522: Letter for unsatisfactory participation due to drug abuse personally delivered to Applicant.930522: Applicant notified of intended recommendation...

  • USMC | DRB | 2001_Marine | MD01-00475

    Original file (MD01-00475.rtf) Auto-classification: Denied

    My name is (applicant). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.990910: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.990910: Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.990910: Commanding officer recommended...

  • USMC | DRB | 2000_Marine | MD00-00485

    Original file (MD00-00485.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).In the applicant’s issue 1, the NDRB determined this issue is without merit. 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, is considered. At this time the...

  • USMC | DRB | 2001_Marine | MD01-00813

    Original file (MD01-00813.rtf) Auto-classification: Denied

    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: None Inactive: USMCR(J) 940105 - 940123 COG Period of Service Under Review :Date of Enlistment: 940124 Date of Discharge: 961220 Length of Service (years, months, days): Active: 02 10 22 Inactive: None Age at Entry: 23 Years Contracted: 4 Education Level: 9...

  • USMC | DRB | 2000_Marine | MD00-00356

    Original file (MD00-00356.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events :850928: Applicant tested positive for THC during a random urinalysis (NAVDRUGLAB San Diego, CA message 042058Z Oct85.851015: Medical evaluation for drug abuse found the applicant to be a episodic drug abuser, not drug dependent At this time the applicant has not provided sufficient documentation of good character and conduct. is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing...

  • USMC | DRB | 2003_Marine | MD03-01331

    Original file (MD03-01331.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Letter of...

  • NAVY | DRB | 2004 Marine | MD04-00942

    Original file (MD04-00942.rtf) Auto-classification: Denied

    MD04-00942 Applicant’s Request The application for discharge review was received on 20040518. The Applicant requests the characterization of service received at the time of discharge be changed to uncharacterized. Reenlistment policy of the Marine Corps is promulgated by the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134.