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USMC | DRB | 2002_Marine | MD02-01269
Original file (MD02-01269.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD02-01269

Applicant’s Request
The application for discharge review, received 020906, 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 030620. 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. In regard to your letter to me dated 02-15-02, I lived in Japan for 2 years while in the U.S. Marines. I lived on base in the barracks room, they assigned you a roommate, you get who you get. I got assigned to a room, 2 to a room, the last month I was in the service I was assigned Private J_ V. D_, he got caught at a drug deal stabbing another Marine (he was the dealer). They charged him with stabbing the other Marine and possession and dealing. As far as I know he is in the brig at this time. Because I was his roommate and I knew he was dealing and didn't tell anyone I got an other than honorable discharge. He threatened to stab me if I told on him and I knew he meant it. It was shortly after that he stabbed Private D_ his rap sheet was long. I do not believe I should have gotten the kind of discharge I got because I did not do anything wrong. My record was totally clean, I was a Cpl in 2 1/2 years, I marked high and did my job. When I knew what was going on I asked to be moved and was not granted a move. After this happened I was so angry and embarrassed, I didn't want to go home and face my family as we are all very patriotic. I took an overdose of prescription of Tylenol w/Codine 3, 800 mg of Motrin & several other things, I was found in convulsion and taken to the hospital and then asked if I wanted out. The doctor decided I should no longer be there. I would like a personal hearing if I need to have one.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Applicant
Administrative Decision from Dept of Veterans Affairs (4 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                990528 - 990815  COG

 Period of Service Under Review :
Date of Enlistment: 990816               Date of Discharge: 020116

 Length of Service (years, months, days):

         Active: 02 05 01
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 45

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (1)                       Conduct: 4.4 (1)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDRw/1*, 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, authority: MARCORSEPMAN 6210.5.

 Chronological Listing of Significant Service Events :

990527:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
011219:  Psychiatric Evaluation: Applicant admitted to the inpatient Mental Health unit on 17 DEC 2001 after attempting suicide by overdosing on pain medication, an over the counter supplement, and alcohol. The member has had suicidal ideation for the past few weeks. He has a somewhat exaggerated sense of importance. For example, he believed he could make "five times more money" out of the Marine Corps despite his lack of training and education. He felt he should be exempt from many of the rules of the Marine Corps. For example, he could not accept that he needed to polish his boots. The patient felt that he was unduly harassed in his shop to the extent that he would rather hurt one of his co-workers than "Osama bin Laden." He stated that if he had to continue in the Marine Corps, he would try to harm himself again because he would "rather be dead than be a Marine."

 Medical evaluation by a military psychiatrist concluded that the Applicant’s personality disorder was so severe that his ability to function effectively in the military environment was significantly impaired.
         AXIS I: Personality Disorder Not Otherwise Specified with narcissistic and borderline features.
011220:  NJP for violation of UCMJ, Article 112A: Did, on or about 011206 in Barracks 225, Marine Corps Air Station, Futenma, wrongfully posses ecstasy, a controlled substance.
 Awarded forfeiture of $653.50 per month for 2 months, restriction and extra duties for 45 days, reduction to E-3. Not appealed.
011220:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and by reason of convenience of the government due to personality disorder.
011220:  Applicant advised of his 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.

011220:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and by reason of convenience of the government due to personality disorder. The factual basis for this recommendation was the respondent's drug charges and personality disorder diagnosis. Specifically, on 7 December 2001, LCpl B_ admitted to NCIS investigator that he had purchased what he believed was ecstasy, a controlled substance (enclosure 2). On 19 December 2001, he was evaluated by a staff Medical Officer, from the Mental Health Department at Lester Naval Hospital, which is contained in enclosure (3). The Medical Officer determined that his suicidal behavior and failure to function effectively in a military environment has significantly impaired his ability for future military service. His continued service presents the potential danger of harm to himself or others. Due to these circumstances, he has demonstrated that he is unable to conform to military standards and future adaptation is not possible.

011223:  GCMCA [Commanding General] directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse and by reason of convenience of the government due to personality disorder.

011227:  SJA review determined the case sufficient in law and fact.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 020116 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 purchased illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions. The record is devoid of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. 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 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      

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