Search Decisions

Decision Text

USMC | DRB | 2002_Marine | MD02-01038
Original file (MD02-01038.rtf) Auto-classification: Denied

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

ex-PVT, USMC
Docket No. MD02-01038

Applicant’s Request
The application for discharge review, received 020712, 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 030515. 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

Prior to the documentary discharge review, the Applicant introduced no issues as Block 8 on the DD Form 293 is blank.

 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)                000119 - 000124  COG

 Period of Service Under Review :
Date of Enlistment: 000125               Date of Discharge: 010507

 Length of Service (years, months, days):

         Active: 01 03 11
         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: 4.1                           Conduct: 3.7 (Extracted from Personal Data Sheet)

 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, authority: MARCORSEPMAN 6210.5.

 Chronological Listing of Significant Service Events :

000118:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

001228:  NAVDRUGLAB [SAN DIEGO, CA], reported Applicant’s urine sample, received 001220, tested positive for THC.
010105:  NJP for violation of UCMJ, Article 112a: Wrongfully used THC, a controlled substance.
 Awarded forfeiture of $521.00 pay per month for 2 months, restriction and extra duties for 45 days, reduction to E-1. Not appealed.
010221:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
010221:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
010123:  Medical evaluation found the Applicant to be alcohol dependent, recommended Partial Hospitalization at TRISARF, also recommended Applicant processed for administrative separation for illicit drug use.

010302:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was his wrongful use of marijuana, as supported by NAVDRUGLAB SAN DIEGO CA//41// naval message 281628Z DEC 00 and his admission of wrongful drug use at his non-judicial punishment on 010105

010423:  Applicant waived Administrative Discharge Board.

010425:  SJA review determined the case sufficient in law and fact.

010427:  GCMCA [Commanding General, Marine Corps Base Hawaii] 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 010507 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 introduced no decisional issues for consideration by the Board. 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 | 1999_Marine | MD99-01189

    Original file (MD99-01189.rtf) Auto-classification: Denied

    MD99-01189 Applicant’s Request The application for discharge review, received 990903, requested that the characterization of service on the discharge be changed to honorable. Age at Entry: 20 Years Contracted: 4 Education Level: 12 AFQT: 41 Highest Rank: PFC Final Enlisted Performance Evaluation Averages (number of marks): Proficiency: 4.3 (3) Conduct: 3.8 (3) Military Decorations: None Unit/Campaign/Service Awards: Rifle Sharpshooter Badge, LOA Days of Unauthorized Absence: None Character,...

  • USMC | DRB | 2000_Marine | MD00-00426

    Original file (MD00-00426.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 (D and E).The applicant introduced no decisional issues for consideration by the Board. 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., 112a, wrongful use of...

  • USMC | DRB | 1999_Marine | MD99-00521

    Original file (MD99-00521.rtf) Auto-classification: Denied

    Not appealed.950707: NAVDRUGLAB [Jacksonville, FL], reported applicant’s urine sample, received 950628, tested positive for THC.950727: NJP for violation of UCMJ, Article 112A:Specification: Wrongful use of a controlled substance. Violation of UCMJ, Article 134: Specification: Broke restriction. 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...

  • USMC | DRB | 2000_Marine | MD00-00033

    Original file (MD00-00033.rtf) Auto-classification: Denied

    Issues Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. 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, may be considered by the NDRB. You should read Enclosure (5) of the Directive before submitting such a complaint.

  • USMC | DRB | 2003_Marine | MD03-00775

    Original file (MD03-00775.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to Entry Level Separation. 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. Drug abuse warranted processing for separation.

  • USMC | DRB | 2002_Marine | MD02-00340

    Original file (MD02-00340.rtf) Auto-classification: Denied

    MD02-00340 Applicant’s Request The application for discharge review, received 020128, requested that the characterization of service on the discharge be changed to honorable. I strongly recommend that LCpl (applicant) be discharged from the Marine Corps IAW P5300.12 Paragraph 2203.2, Change 4, and I further recommend that the characterization of discharge be Other Than Honorable. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the...

  • 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 | 2001_Marine | MD01-00197

    Original file (MD01-00197.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. 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 introduced no decisional issues for consideration by the Board.

  • USMC | DRB | 1999_Marine | MD99-00899

    Original file (MD99-00899.rtf) Auto-classification: Denied

    Issues Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. Disciplinary and administrative discharge warnings issued.960311: Counseled regarding deficiencies, specifically, the illegal drug involvement, use of marijuana, identified through NAVDRUGLAB SDCA urinalysis test, 162023Z JAN 96. You may obtain a copy of DoD Directive 1332.28 by writing to: DA Military Review Boards Agency Management Information and Support...

  • USMC | DRB | 2000_Marine | MD00-00267

    Original file (MD00-00267.rtf) Auto-classification: Denied

    Block 24, Character of Service should read: “UNDER OTHER THAN HONORABLE CONDITIONS” vice “GENERAL (UNDER HONORABLE CONDITIONS).” The original DD Form 214 should be corrected or reissued as appropriate. 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 introduced no decisional issues for consideration by the Board. You should read Enclosure (5) of the...