Search Decisions

Decision Text

USMC | DRB | 2002_Marine | MD02-00601
Original file (MD02-00601.rtf) Auto-classification: Denied


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


ex-PVT, USMC
Docket No. MD02-00601

Applicant’s Request
The application for discharge review, received 020402, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a documentary record discharge review. The Applicant listed Veterans of Foreign Wars as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021216. 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, as submitted

1. To who it may concern my name is M_ L_. Back in 1999 I made a huge mistake and smoked marijuana I am sorry and am trying to get back into the Marine Corps so I may fight to but I can not do that until my discharge gets upgraded please help me.
2. (VFW Issue) We concur with the Applicant's contention to upgrade his discharge.

 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, days):
         Active: 01 03 15
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 35

 Highest Rank: PFC
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.8 (3)                       Conduct: 3.8 (3)
Military Decorations: None

 Unit/Campaign/Service Awards: Sharpshooter Rifle Badge
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 :

981106:  Counseled for deficiencies in performance and conduct. [Possessing alcohol in the barracks.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
981106:  NJP for violation of UCMJ, Article 92: At Co C, ITB, SOI, MCB, CamLej, 1600, 981030 having knowledge of ScolOP1500.3, violate the same by possessing alcohol in the barracks.
 Awarded forfeiture of $216.00 pay per month for 1 month, restriction for 14 days, extra duties for 14 days (suspended for 6 months). Not appealed.
981116:  Counseled for deficiencies in performance and conduct. [Insubordinate conduct towards a NCO and communicating a threat.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
981117:  NJP for violation of UCMJ, Article 91: At Co C, ITB, SOI, MCB, CamLej, 1900, 981106, disrespectful in deportment toward Sgt N_, by pushing up his sleeves in a provocative manner; violation of UCMJ, Article 91: At Co C, ITB, SOI, MCB, CamLej, 1900, 981106, disrespectful to Sgt N_ by saying to him, "I'm not going to stand firewatch," or words to that effect.
 Awarded CCU for 30 days, forfeiture of $463.00 pay per month for 2 months. Not appealed.
981120:  Counseled for deficiencies in performance and conduct. [NJP for violation of Article 113, UCMJ.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
990830:  Summary Court-Martial.
          Charge I: violation of the UCMJ, Article 90.
          Specification: On or about 990429, was disrespectful in language toward Cpl K_ E_, by saying "all you niggers are going down" and “fuck all you niggers," or words to that effect.
Charge II: violation of the UCMJ, Article 112a.
Specification: At an unknown location, on or about 990315, wrongfully use a controlled substance, marijuana.
         Finding: to Charge I and II, and the specification thereunder, guilty.
          Sentence: Confinement for 30 days, forfeiture of $639.00 pay per month for 1 month, reduced to E-1.
          CA action 990830: Sentence approved and ordered executed.
990917:  Applicant refused Medical Officer's Evaluation.
991007:  GCMCA [Commanding General, 1 st Marine Division] 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 991013 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).
Issues 1 and 2. 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. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident 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. 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 P1900.16E), effective 31 Jan 97 until Present.

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 | 2000_Marine | MD00-00885

    Original file (MD00-00885.rtf) Auto-classification: Denied

    MD00-00885 Applicant’s Request The application for discharge review, received 000706, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. The applicant requested a documentary record discharge review. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Letter from J____ J. M______ Attorney at Law Copy of Service...

  • USMC | DRB | 2001_Marine | MD01-00670

    Original file (MD01-00670.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Sentence: Confinement for 60 days, Forfeiture of $639.00 pay per month for 2 months, and a bad conduct discharge. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 000823 with a bad conduct discharge which was the sentence adjudged by a properly constituted special court martial that was determined to be legal and proper, affirmed in the legal chain of review and executed (A and B).

  • USMC | DRB | 2005_Marine | MD0501193

    Original file (MD0501193.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION The way the record reads it gives the appearance that the Non-Commissioned Officer (NCO) that brought forth the allegations and specifications may have been experiencing and personality conflict with the applicant and instead of more direct counseling to resolve the issues took another approach to bring forward any charge that could be thought of to mitigate a discharge for the applicant, thereby not having to deal with the events of the past...

  • USMC | DRB | 2005_Marine | MD0501391

    Original file (MD0501391.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. 980518: Commanding General, Marine Corps Base, Camp Lejeune, NC, advised the Commandant of the Marine Corps (MMSB) that the Applicant will be discharged under other than honorable conditions by reasons of misconduct due to a pattern of misconduct. Therefore, no relief will be granted.The Applicant remains eligible for a personal appearance hearing, provided an...

  • USMC | DRB | 1999_Marine | MD99-01124

    Original file (MD99-01124.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-Pvt, USMC Docket No. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 900703 with a bad conduct discharge which was the sentence adjudged by a properly constituted special court martial that was determined to be legal and proper, affirmed in the legal chain of review and executed (A and B). The Manual for Courts-Martial authorizes the...

  • USMC | DRB | 2005_Marine | MD0501575

    Original file (MD0501575.rtf) Auto-classification: Denied

    In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC at the Washington Navy Yard. Documentation In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Letter to the Board for Correction of Naval Records, undtd Letter from the Board for Correction of Naval Records, August 11,...

  • USMC | DRB | 2003_Marine | MD03-00055

    Original file (MD03-00055.rtf) Auto-classification: Denied

    MD03-00055 Applicant’s Request The application for discharge review, received 20021007, requested that the characterization of service on the discharge be changed to general/under honorable conditions. I had not been informed that if I was gone for 30 days I could be sent to the brig and given a bad discharge or I would have made extra effort to get things taken care of and get back to the base. The Applicant’s conduct, which forms the primary basis for determining the character of his...

  • NAVY | DRB | 2004 Marine | MD04-00750

    Original file (MD04-00750.rtf) Auto-classification: Denied

    971209: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by wrongful use of marijuana.971209: Applicant advised of 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.971209: Commanding officer recommended discharge under other than...

  • USMC | DRB | 2003_Marine | MD03-00886

    Original file (MD03-00886.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of 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. I am submitting from DD 293 to the review board and I am asking that my “Other than Honorable Conditions” discharge be upgraded to Honorable.

  • USMC | DRB | 2001_Marine | MD01-00483

    Original file (MD01-00483.rtf) Auto-classification: Denied

    970204: GCMCA [Commander, Marine Corps Base, Camp Lejeune] authorized the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse. 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 states his discharge was based on one incident in 9 months of service. The NDRB is authorized to consider outstanding...