Search Decisions

Decision Text

USMC | DRB | 2001_Marine | MD01-00753
Original file (MD01-00753.rtf) Auto-classification: Denied


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

ex-PVT, USMC
Docket No. MD01-00753

Applicant’s Request
The application for discharge review, received 010508, 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 011018. 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. I J___ S____ believe my discharge should be upgraded due to my performance while in the Marine Corps. I was a very dedicated Marine that made a very bad mistake. The main reason I made the mistake was I went home for leave for a lengthy period of time, which by the time my leave was over I was home for almost 2 months waiting on my next school to start. While on my leave I also was on recruiting duty in which I recruited 2 new Marines in just 2 weeks. I worked hard while in the Marine Corps & felt like when I made 1 mistake they just threw me away like a piece of trash. It was the proudest moment of my life when I graduated from the Marine Corps and I feel if I hadn't made the mistake I made I could of retired from the Marine Corps and would have been a valuable asset for the Marines. I feel that my duty while in the Marine Corps should be more than enough to at least upgrade my discharge to a honorable discharge. Please review service record, thank you very much.

 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)                910427 - 910512  COG

 Period of Service Under Review :
Date of Enlistment: 910513               Date of Discharge: 920417

 Length of Service (years, months, days):

         Active: 00 11 05
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 32

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.9 (3)              Conduct: 3.7 (3)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksman Badge

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 :

910427:  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.
920117:  NAVDRUGLAB [Great Lakes, IL], reported applicant’s urine sample, received 920110, tested positive for [THC].

920124:  NJP for violation of UCMJ, Article 112a: Did on or about 920107 wrongfully use a controlled substance, to wit: Marijuana.
 Awarded forfeiture of $392.00 per month for 2 months, reduction to E-1. Not appealed.
920124:  Counseled for deficiencies in performance and conduct. [Concerning my illegal drug involvement specifically, indicated through my positive test results received by msg (NAVDRUGLAB DTD 170802Z JAN 92 Batch No L021 assigned by MCDet, Ft. Lee, VA) which specifically found THC in my urine sample]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920203:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
920210:  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. Applicant also waived right to appear before an Administrative Discharge Board contingent upon receiving a General Discharge Under Honorable Conditions.

920210:  Applicant letter to CG, Combat Development Command, MCB, Quantico, waiving the ADB, contingent upon receiving a General Discharge Under Honorable Conditions.

920210:  Applicant's Defense Counsel recommended that applicant's conditional waiver be approved.

920213:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was based upon your conviction of violation of Article 112a, Uniform Code of Military Justice at non-judicial punishment.

920224:  Applicant evaluated and diagnosis includes that of No Diagnosis Apparent, Improper Use of Cannabis/enrolled. The patient presented as cooperative, reasonable, fully oriented with no anomalies in thought, process nor affect/mood. The Marine’s insight and judgement were appropriate and his attitude towards the referral process was good. The patient was entered into Track II as it was felt that he could benefit from individual substance abuse counseling in adjacent to Alcoholics Anonymous meetings (at least two evenings weekly). PVT S___ has been fully cooperative thus far. He has been timely, interested and has learned important skills to prevent further occasions of abuse. Prognosis is presently good and should remain so, providing that PVT Smith continue to utilize the tools/resources that he has available to him.

920309:  Conditional waiver disapproved, CG directed an Administrative Discharge Board.

920320:  Counseled for deficiencies in performance and conduct. [Failing to fall out for organized unit P.T., and being U.A. for same]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920330:  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.

920408:  SJA review determined the case sufficient in law and fact.

920413:  GCMCA [Commanding General, Marine Corps Combat Development Command] 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 920417 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).

Issue 1. The applicant used illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions, no matter how well the applicant may have otherwise performed. In the applicant’s case, his conduct and proficiency markings are below average. The applicant’s chain of command painted a negative impression of his ability. The discharge was proper and equitable. Relief denied.

 Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. The applicant did not provide sufficient documentation to warrant an upgrade to his discharge. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required. 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. 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 112a, wrongful use of a controlled substance.
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 “ afls10.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 | MD04-00942

    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.

  • USMC | DRB | 2000_Marine | MD00-00219

    Original file (MD00-00219.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Chronological Listing of Significant Service Events :970929: Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.990125: NAVDRUGLAB San Diego, CA, reported applicant’s urine sample, received 990114, tested positive for THC.990203: Medical evaluation for drug abuse found the applicant to be an isolated incident of drug abuse. After a thorough review of the records, supporting documents,...

  • USMC | DRB | 2003_Marine | MD03-01203

    Original file (MD03-01203.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. I hope the Board will consider my statements and carefully look at my military record’s and I hope and pray that will change my Discharge and give me a chance to correct a mistake I made a long time ago. You should read Enclosure (5) of the Directive before submitting such a complaint.

  • USMC | DRB | 2003_Marine | MD03-00499

    Original file (MD03-00499.rtf) Auto-classification: Denied

    MD03-00499 Applicant’s Request The application for discharge review was received on 20030203. The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct...

  • USMC | DRB | 2003_Marine | MD03-00891

    Original file (MD03-00891.rtf) Auto-classification: Denied

    MD03-00891 Applicant’s Request The application for discharge review was received on 20030410. The Applicant requests the characterization of service received at the time of discharge be changed to honorable conditions and the reason for the discharge be changed. 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.

  • 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 | 2003_Marine | MD03-00206

    Original file (MD03-00206.rtf) Auto-classification: Denied

    The Applicant requested a documentary record discharge review. Before entering the Marine Corps I had never used any drugs, and since that time I haven’t used any drugs. I want to thank you for taking the time to review my request, and if you have any more questions, you are free to ask.” 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...

  • USMC | DRB | 2001_Marine | MD01-00663

    Original file (MD01-00663.rtf) Auto-classification: Denied

    MD01-00663 Applicant’s Request The application for discharge review, received 010409, requested that the characterization of service on the discharge be changed to general/under honorable conditions. PART I - APPLICANT’S ISSUES AND DOCUMENTATION However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct...

  • USMC | DRB | 2002_Marine | MD02-01083

    Original file (MD02-01083.rtf) Auto-classification: Denied

    MD02-01083 Applicant’s Request The application for discharge review, received 20020725, requested that the characterization of service on the discharge be changed to honorable. I was not strong enough to deal with the attitudes and actions of those towards me who did not know me.I tried hard at times, but still did things "my way". I believe I did the right thing in requesting separation and I believe I have become a good asset to the Marine Corps and society.

  • USMC | DRB | 2003_Marine | MD03-00746

    Original file (MD03-00746.rtf) Auto-classification: Denied

    MD03-00746 Applicant’s Request The application for discharge review was received on 20030320. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Chronological Listing of Significant Service Events :910731: NJP for violation of UCMJ, Article 86: UA from 0630, 910603 to 0200, 910724.Awarded restriction and extra duties for 45 days (suspended for 6 months), reduction to E-1.