Search Decisions

Decision Text

USMC | DRB | 2002_Marine | MD02-00374
Original file (MD02-00374.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD02-00374

Applicant’s Request
The application for discharge review, received 020207, 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. Subsequent to the application, the applicant obtained representation by American Legion. In the acknowledgement letter the applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D.C. area. Applicant advised the Board he was unable to travel.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021008. 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 admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's DD Forms 214 (Member 1 and 4)
Letter from the applicant dated January 23, 2002
Certificate of Award dated December 14, 2001
Certificate of Achievement dated May 6, 2001
Certificate of Achievement dated December 20, 2001
Letter from the applicant dated March 4, 2002
Transcript from Louisiana State University and A &M College dated July 10, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                850904 - 860617  COG

 Period of Service Under Review :
Date of Enlistment: 860618                        Date of Discharge: 871215

 Length of Service (years, months, days):

         Active: 01 05 28
         Inactive: None

 Age at Entry: 17 Parental Consent                Years Contracted: 4

 Education Level: 12                                 AFQT: 60

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (5)                                Conduct: 4.2 (5)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Expert 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 (admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.5.

 Chronological Listing of Significant Service Events :

850830:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
870305:  Counseled for deficiencies in performance and conduct. [Laws and orders governing the consumption of alcoholic beverages while under the legal drinking age.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
870521:  NJP for violation of UCMJ, Article 112a:
 Specification: Wrongfully used marijuana (THC) on 29Apr87.
Awarded forfeiture of $150.00 per month for 2 months, restriction for 30 days, reduction to Pvt. Forfeiture suspended for 6 months. Not appealed.
870529:  Screening results: Diagnosis: Episodic alcohol dependence with drug abuse. Applicant has a substance abuse problem requiring Level III treatment.
870825:  Screening results: Diagnosis: Continuous habitual alcohol dependence. Applicant has a substance abuse problem requiring Level III treatment.
870826:  Memorandum from Staff Physician: Applicant was evaluated for drug/alcohol dependency and found to be possibly psychologically dependent on marijuana and to have a history of alcohol abuse. Although member qualifies for VA Level III drug/alcohol rehabilitation, applicant's motivation for obtaining rehabilitation is poor. Recommend admin separation and reevaluation after discharge at a VA drug/ETOH rehabilitation facility for final decision on treatment.
870903:  Vacate suspended forfeiture of $150.00 for 2 months awarded at CO's NJP dated 870521.
870929:  NJP for violation of UCMJ, Article 112a:
 Specification: Wrongful use of marijuana (THC) on 2Sep87.
Awarded forfeiture of $200.00 per month for 2 months, restriction for 30 days. Forfeiture of $100.00 per month for 2 months suspended for 4 months. Not appealed.
870929:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
871007:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
871007:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was misconduct by continued use of illegal drugs (marijuana, THC) on at least nine occasions.

871027:  Applicant waived right to an administrative discharge board.

871124:  SJA review determined the case sufficient in law and fact.

871125:  GCMCA [Commanding General, 1 st Marine Amphibious Brigade] 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 871215 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).

Issue 1. There is credible evidence in the record that the applicant used illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions. Relief denied.

The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. 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, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence that the applicant is drug free, are examples of verifiable documentation 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. Relief not warranted.

The applicant 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. Representation at a personal appearance hearing is recommended but not required.


Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6210 MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C), Change 4, effective 29 Jul 87 until 26 Jun 89.

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 “ 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 | 2000_Navy | ND00-00456

    Original file (ND00-00456.rtf) Auto-classification: Denied

    871001: NJP for violation of UCMJ, Article 112a: wrongful us of marijuana, a controlled substance, on or about 19 SEP 97. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 871029 with a General (Under Honorable Conditions) for misconduct due to drug abuse (use) (A). After review of the applicant’s service record the Board found the applicant’s ten months active service was marred by three separate NJP’s.

  • NAVY | DRB | 2000_Navy | ND00-00671

    Original file (ND00-00671.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-YNSR, USN Docket No. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Chronological Listing of Significant Service Events : 880107: Ordered to active duty for 36 months under the Active Mariner Program.

  • NAVY | DRB | 2001_Navy | ND01-00044

    Original file (ND01-00044.rtf) Auto-classification: Denied

    891005: CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 891006 under other than honorable conditions for misconduct due to drug abuse (use) (A). In response to the applicant’s issue 2, the applicant has not provided any documentation of good character and conduct.

  • NAVY | DRB | 2000_Navy | ND00-00244

    Original file (ND00-00244.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/ Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.The NDRB did note an administrative error on the original DD Form 214. Commanding officer ordered reduction of forfeiture to $530.00 for 1 month.870903: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by NAVDRUGLAB Oakland, CA 102100Z AUG...

  • USMC | DRB | 2002_Marine | MD02-00642

    Original file (MD02-00642.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Drug abuse (administrative discharge board required but waived) or (with administrative discharge board), authority: MARCORSEPMAN Par. The finding for Misconduct is effective 27 Jun 89 until 17 Aug 95, however, the Commandant of the Marine Corps issued an official list of the new DoD SPD codes and narrative reasons for separation on 940701. 930212: An Administrative Discharge Board, based upon a preponderance of...

  • USMC | DRB | 2000_Marine | MD00-00856

    Original file (MD00-00856.rtf) Auto-classification: Denied

    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. 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. After a...

  • 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...

  • NAVY | DRB | 1999_Navy | ND99-00527

    Original file (ND99-00527.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT – Drug Abuse, authority: NAVMILPERSMAN, Article 3630620.The NDRB did note an administrative error on the original DD Form 214. A second Board was convened; however, due to the senior member's failure to follow proper Board procedures during the hearing the Board's results were also invalidated. It is my further recommendation that the be separated under Other Than Honorable conditions as the result of his positive...

  • NAVY | DRB | 2001_Navy | ND01-00980

    Original file (ND01-00980.rtf) Auto-classification: Denied

    Decision A personal appearance discharge review was conducted in Washington, D.C. on 020423. Prior NJP Art 112A: Awarded 14 days restriction, 14 days extra duty. 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 requested a change in discharge since his post service conduct has been sufficiently creditable to warrant the Board’s clemency relief.

  • NAVY | DRB | 2003_Navy | ND03-00950

    Original file (ND03-00950.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. As the FSM has not submitted any documentation in support of his claim, we as the representative, ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the Applicant submits to the Board’s discretionary authority, under SECNAVIST...