Search Decisions

Decision Text

USMC | DRB | 2000_Marine | MD00-00937
Original file (MD00-00937.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD00-00937

Applicant’s Request
The application for discharge review, received 000724, 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 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, authority: MARCORSEPMAN 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues (verbatim)

The issues of which I would like to appeal are of the following:
1) Status of discharge,
 2) reenlistment code
 3) separation code

 1. All though I was given the discharge that is most commonly given for a drug abuse discharge, I had no prior problems or waivers given to me. I feel that I could remove myself if this type of discharge was lifted.

2. The most important reason why I am appealing is because of my reenlistment code of RE-4B, it does not allow me to reenlist in any branch of the military. I would like this code changed so I can enlist in the U.S. Army, and reprove my loyalty and dedication, to this country.

3. My separation code of HKK1 needs to be changed along with my reenlistment code in order for me to enlist in the U.S. Army.

In closing my issues that really give me ground to ask for this upgrade is,

1) I had no prior waiver or problem (but that only & time)
2) 1 mistake has cost me to serve this country for the rest of my life.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (4 copies)
One page from applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                980305 - 980712  COG
Period of Service Under Review :
Date of Enlistment: 980713               Date of Discharge: 981221

 Length of Service (years, months, days):
         Active: 00 05 09
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 65
Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: NMF                           Conduct: NMF

 Military Decorations: None
Unit/Campaign/Service Awards: None

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 :

980304:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
981029:  NAVDRUGLAB, San Diego, CA, reported applicant’s urine sample, received 981023, tested positive for cocaine.
981119:  Counseled for deficiencies in performance and conduct. [Tested positive for cocaine on a urinalysis conducted on 981020.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
981124:  NJP for violation of UCMJ, Article 112A:
 Specification: Tested positive for cocaine on a urinalysis conducted 981023.
 Awarded forfeiture of $450.00 per month for 2 months, restriction and extra duties for 45 days. Not appealed.
981201:  Applicant refused medical officer evaluation for drug abuse.

981204:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
981204:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights .

981204:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was wrongful use of illicit drugs.

981215:  SJA review determined the case sufficient in law and fact.
981217:  GCMCA [Commanding General, Marine Corps Base, Camp Pendleton] 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 981221 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 issue 1, the applicant implies that a permissive doctrine exists whereby one in the military is allowed a single misdeed. The Board believes that the applicant is confusing this with the civilian world wherein some offenses are treated with leniency because they are a first time incident on an otherwise clear record. No such leniency exists in the military. The Marine Corps has a ‘zero tolerance’ policy concerning drug abuse. The applicant is responsible for his actions and must accept the consequences of his misdeeds. The Board will not grant relief on the basis of this issue.
In response to applicant’s issue 2, concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps. Reenlistment policy of the naval service is promulgated by the Bureau of Naval Personnel, Pers-282, 5720 Integrity Drive, Millington, TN 38055, and the Commandant, United States Marine Corps, Code MMPE5, Washington, DC 20380-3001. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied.
In response to applicant’s issue 3, the NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, found that the summary of service clearly documents that drug abuse was the reason the applicant was discharged. No other separation code could more clearly describe why the applicant was discharged. To change the separation code would be inappropriate.
There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the 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, 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 | 2001_Marine | MD01-00669

    Original file (MD01-00669.rtf) Auto-classification: Denied

    In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing. I go to his office with gunny and he starts reading me my rights and telling me that I popped on the urine test for cocaine. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters...

  • USMC | DRB | 2001_Marine | MD01-01101

    Original file (MD01-01101.rtf) Auto-classification: Denied

    MD01-01101 Applicant’s Request The application for discharge review, received 010814, requested that the characterization of service on the discharge be changed to honorable. The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing. 960702: Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.960703: Commanding...

  • USMC | DRB | 2002_Marine | MD02-00559

    Original file (MD02-00559.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-PFC, USMC Docket No. MD02-00559 Applicant’s Request The application for discharge review, received 020321, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Decision A documentary discharge review was conducted in Washington, D.C. on 021217.

  • NAVY | DRB | 2004 Marine | MD04-00332

    Original file (MD04-00332.rtf) Auto-classification: Denied

    The Applicant requested the characterization of service received at the time of discharge be changed to general/under honorable conditions. PART I - APPLICANT’S ISSUES AND DOCUMENTATION We refer this case to the Board for their careful and compassionate consideration and request the Applicant's discharge be reviewed for.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 PART II -...

  • USMC | DRB | 2001_Marine | MD01-00372

    Original file (MD01-00372.rtf) Auto-classification: Denied

    000107: Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. Private Z____'s blatant disregard for Marine Corps policy concerning drug abuse indicates the need for separation in this case. Relief is denied.The applicant’s second issue states: “(VFW Issue) This office, acting as counsel, has reviewed the naval records of the above named applicant and respectfully submits them for consideration in accordance with the...

  • USMC | DRB | 2001_Marine | MD01-00691

    Original file (MD01-00691.rtf) Auto-classification: Denied

    MD01-00691 Applicant’s Request The application for discharge review, received 010417, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Employment/Character Reference Letter Character Reference Letters (2) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of...

  • USMC | DRB | 2001_Marine | MD01-00853

    Original file (MD01-00853.rtf) Auto-classification: Denied

    Documentation Only the applicant's service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider. It is in the best interests of the Marine Corps to separate SNM ASAP.”920427: Applicant notified of intended recommendation for discharge with a General characterization of service by reason of misconduct due to drug abuse as evidenced by positive urinalysis for cocaine.920429: Applicant advised of his rights and having consulted...

  • USMC | DRB | 1999_Marine | MD99-00593

    Original file (MD99-00593.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: USMC 000000 - 000000 HON Inactive: USMCR(J) 950418 - 951127 COG Period of Service Under Review :Date of Enlistment: 951128 Date of Discharge: 980625 Length of Service (years, months, days):Active: 02 06 28 Inactive: None CA action 980603: Sentence approved...

  • NAVY | DRB | 2000_Navy | ND00-00412

    Original file (ND00-00412.rtf) Auto-classification: Denied

    ND00-00412 Applicant’s Request The application for discharge review, received 000210, requested that the characterization of service on the discharge be changed to general/under honorable conditions. I ask please grant me this upgrade so that I can get a good job and take care of my family. At this time, the applicant has not provided any documentation of good character and conduct.

  • USMC | DRB | 2001_Marine | MD01-00671

    Original file (MD01-00671.rtf) Auto-classification: Denied

    I received a general discharge under other than honorable conditions for testing positive for drugs. I am asking the board to consider my service record prior to my discharge and grant me an upgrade to my discharge. st Marine Division] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.