Search Decisions

Decision Text

USMC | DRB | 2003_Marine | MD03-00407
Original file (MD03-00407.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD03-00407

Applicant’s Request
The application for discharge review was received on 20030107. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests a documentary record discharge review. The Applicant did not list any as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20031205. 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. 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 (discharge board required but waived), authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as stated

 Applicant’s issues, as stated on the application:

1. " Thank you for your time. The reason I am doing this is because my discharge is hurting my chances of good employment. I know I made a mistake, but I don’t think me and my family should have to pay for it the rest of my life. My military record should speak on my behalf. I appreciate your time and effort. Thank you.”
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              880823 - 911120  HON
         Inactive: USMCR(J)                880815 - 880822  COG

 Period of Service Under Review :
Date of Enlistment: 911121               Date of Discharge: 931022

 Length of Service (years, months, days):

         Active: 01 11 01
         Inactive: None

 Age at Entry: 24                          Years Contracted: 4

Education Level: 12                        AFQT: 41

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (5)                       Conduct: 4.0 (5)

 Military Decorations: None

 Unit/Campaign/Service Awards: COC (2), SSDR (2), NDSM, SASM, MM, GCM, MUC

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS /Misconduct-Drug abuse (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.5.

 Chronological Listing of Significant Service Events :

911121:  Reenlisted at 2 ND LAAM BN MCAS YUMA AZ for 4 years.

 930202:  Counseled for deficiencies in performance and conduct. [Assignment to the Weight Control Program (WCP) in accordance with MCO 6100.10, effective 930111.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930406:  Counseled for deficiencies in performance and conduct. [Failure to make satisfactory progress while assigned to WCP. Current weight is 225 lbs. SNM advised he will be processed for separation if weight goal is not met by 930709.]

930713:  Counseled concerning illegal drug involvement; specifically, usage, NAVDRUGLABMSG 082006Z Jul 93 THC. Advised that he is being processed an administrative discharge.

930728:  Counseled for deficiencies in performance and conduct. [Your recent NJP for violation of Article 112a on 930728.] Advised that he is being recommended for administrative discharge.

930728:  NJP for violation of UCMJ, Article 112a: Did on or before 930614 wrongfully use a controlled substance, to wit: Marijuana/THC.
 Awarded forfeiture of $540.00 pay per month for 2 months ($270.00 pay per month for 2 months suspended for 2 months), restriction and extra duties for 45 days (restriction suspended for 2 months), reduction to E-3. Not appealed.
930817:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
930818:  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 include a written statement in rebuttal to this proposed separation and to obtain copies of the documents used to support the basis for the separation.

930820:  Applicant’s rebuttal for administrative discharge; request for upgrade.

930917:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was testing positive on a urinalysis for marijuana.

931004:  SJA review determined the case sufficient in law and fact.

931006:  GCMCA [Commanding General] 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 19931022 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. Even one instance of drug abuse warranted processing for separation. Separation under these conditions generally results in characterization of service under other than honorable conditions. Relief denied.
The Applicant’s discharge characterization accurately reflects his service to his country for the period of service under review. 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, to enhance employment opportunities, or for 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 P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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

  • NAVY | DRB | 2004 Marine | MD04-00664

    Original file (MD04-00664.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19970929 with a general (under honorable conditions) due to unsatisfactory performance due to weight control failure. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper...

  • NAVY | DRB | 2004_Navy | ND04-00204

    Original file (ND04-00204.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant’s misconduct is clearly documented. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service.

  • USMC | DRB | 2001_Marine | MD01-00502

    Original file (MD01-00502.rtf) Auto-classification: Denied

    When the Board reviews his service record brief it will show that he was promoted to sergeant with four and a half years of service. Not appealed.980803: Former service member notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.980817: Former service member advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the...

  • NAVY | DRB | 2004 Marine | MD04-00979

    Original file (MD04-00979.rtf) Auto-classification: Denied

    MD04-00979 Applicant’s Request The application for discharge review was received on 20040526. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 20021210 with a general (under honorable conditions) due to unsatisfactory performance while assigned to the weight control program (A).

  • USMC | DRB | 2002_Marine | MD02-00034

    Original file (MD02-00034.rtf) Auto-classification: Denied

    MD02-00034 Applicant’s Request The application for discharge review, received 010927, requested that the characterization of service on the discharge be changed to honorable. 920912: An Administrative Discharge Board, based upon a preponderance of the evidence and by a vote of 2 to 1, 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 thorough review of the...

  • USMC | DRB | 2001_Marine | MD01-00856

    Original file (MD01-00856.rtf) Auto-classification: Denied

    MD01-00856 Applicant’s Request The application for discharge review, received 010612, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 970205 - 001030 COG Period of Service Under...

  • USMC | DRB | 2001_Marine | MD01-00923

    Original file (MD01-00923.rtf) Auto-classification: Denied

    MD01-00923 Applicant’s Request The application for discharge review, received 010709, requested that the characterization of service on the discharge be changed to honorable. Decision A documentary discharge review was conducted in Washington, D.C. on 020118. PART I - APPLICANT’S ISSUES AND DOCUMENTATION

  • USMC | DRB | 2000_Marine | MD00-00767

    Original file (MD00-00767.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Letter from Applicant Employment Reference LetterCopies of DD Form 214 (2) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USMC None Inactive: USMCR(J) 930619 - 940314 COG Period of Service Under Review :Date of Enlistment: 940315 Date of Discharge: 971113 Length of Service (years, months, days): Active: 03 07...

  • USMC | DRB | 2003_Marine | MD03-00927

    Original file (MD03-00927.rtf) Auto-classification: Denied

    MD03-00927 Applicant’s Request The application for discharge review was received on 20030502. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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.

  • NAVY | DRB | 2004 Marine | MD04-00261

    Original file (MD04-00261.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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. Chronological Listing of Significant Service Events :920723: Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of...