Search Decisions

Decision Text

USMC | DRB | 2003_Marine | MD03-00599
Original file (MD03-00599.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD03-00599

Applicant’s Request
The application for discharge review was received on 20030221. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests 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 20040205. 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, authority: MARCORSEPMAN 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:

1. “I am writing to you on behalf of my Montgomery GI. Bill. I have just recently found out that I need to have an Honorable discharge. This came as a surprise to me. While filling out the paper work for the Montgomery GI. Bill, I was not informed of this. Just that I had to pay $100.00 a month for twelve months. And GI. Bill will be given to us if we served thirty-six months or more. I realize that I was discharged before my said enlistment. Do to my own fault. And that I am willing to do what ever it takes to upgrade my discharge. Plus it states on my DD 214 that I submitted my $1200.00 to the Montgomery G.I. Bill. Now, I am suppose to tell you of my discharge. On or around Feb 15, 2000 I was at a party in Wilmington, NC…I was drinking heavily and was not stable enough to make deceptions. A college student offered me some cocaine and in my drunk and stupor I did it. The next day I kind of remembered what happened, But it wasn’t clear. I didn’t know what to do about it. So I went back to duty as any Marine would. I look back on this know, and it was the single most stupid thing I have done in my twenty four years of life. I was a disgrace to my name, the United States Marine Corp and to this country. After returning to duty. The company had a drug test. When the results returned. I was informed that I had tested positive for cocaine. Thus, was sent up for an battalion NJP. Sent to the brig for thirty-days. Lost rank and pay along with the respect of my higher ups. This came as a shock to the company and my fellow Marines. But I never let my head down; I served my time, and went on with my enlistment. While serving my enlistment I made a few mistakes and paid for them. But nothing likes the citation in Feb of 2000. There is no way I can undo this, if there was, I would. I did drink a lot when serving in the Marine Corp. And I am not blaming this on anything but myself. And I have paid the bitter price. Being separated from one of the things in my life I took pride in doing, loved what I did and serving my country. The only thing I gave to hold onto is the memories, comradely and the wisdom the Marine Corp infantry gave me.
 I have been out for two and a half years and am attending in the Marine Mechanics Institute, Orlando, Florida. I am currently an “A” student, holding a perfect attendance, and 100% in professionalism. This another part of my life I am really enjoying and do not want to mess it up like I did two and a half years ago. I never drink uncontrollably and have never touched an illegal substance since that night.
So in my closing words I would like to ask for an upgrade of my discharge. Please take in consideration what I have told you that I have straightened my path. And I am trying to go on to lead a normal and fulfilling life. To provide for my future family and myself. If you do not choose to upgrade my discharge. I will except that fact. But I would like to thank the United States Marine Corp for what they taught me. The discipline, the tact, the courage, and leadership to guide me through life. I will never forget that. “Once a Marine, Always a Marine.” P.S. If the United States goes to war. Do not hesitate to call me for duty. I am still willing to die for this country.
Semper Fidelis
N_ J_ P_ (Applicant)”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Student progress report, dated November 27, 2002
Student progress report, dated December 20 2002
Student progress report, dated January 17, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                970417 - 970421  COG

 Period of Service Under Review :
Date of Enlistment: 970422               Date of Discharge: 000519

 Length of Service (years, months, days):

         Active: 03 00 28
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 41

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (10)                      Conduct: 4.2 (10)

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM, MM, SSDR, NATO, AFSM, MUC

 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 :

970409:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
980318:  Counseled for deficiencies in performance and conduct. [Disobeying orders and demonstration of an extreme lack of judgment by underage consumption of alcohol in the barracks on 980306.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
990708:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence on 2359, 990629.
Violation of UCMJ, Article 134:
Specification: Drunk and disorderly on 990629.
Awarded forfeiture of $589.00 per month for 2 months, restriction and extra duties for 45 days (forfeiture, restriction, and extra duty suspended for 6 months), reduction to LCpl. Not appealed.
000217:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 000214, tested positive for cocaine.

000224:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 112A.
         Specification: Wrongful use of cocaine.
         Finding: to Charge I and the specification thereunder, guilty.
         Sentence: Not found in service record.
         CA action 000224: Sentence approved and ordered executed.

000224:  Counseled for deficiencies in performance and conduct. [Wrongful use of cocaine.] Necessary corrective actions explained. Sources of assistance identified.

000224:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
000224:  Applicant 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 documents used to support the basis for the separation.

000316:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was your illegal drug use as evidenced by Naval Drug Lab message 172152Z Feb 00.

000406:  Medical evaluation for drug abuse found the Applicant to be a drug abuser, (isolated incident) and alcohol abuse (chronic).

000428:  SJA review determined the case sufficient in law and fact.

000502:  GCMCA [Commanding General, 2d Marine Division, II Marine Expeditionary Force, Camp Lejeune, NC] 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 20000519 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. Separation under these conditions generally results in characterization of service under other than honorable conditions. Relief denied.

The Veterans Administration determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and the issue of the Applicant’s Montgomery GI Bill does not serve to provide a foundation upon which the Board can grant relief.

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 | 2001_Marine | MD01-01101

    Original file (MD01-01101.rtf) Auto-classification: Denied

    MD01-01101 Applicant’s Request The application for discharge review, received 010814, requested that the characterization of service on the 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. 960702: Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.960703: Commanding...

  • USMC | DRB | 2002_Marine | MD02-00643

    Original file (MD02-00643.rtf) Auto-classification: Denied

    It would also decrease the amount of Federal Un/Subsidized Loans taken in the pursuit of my education and career goals.In light of the fact that I am currently a Disabled Veteran receiving V A Disability Compensation for Service Connected injuries incurred in the military while on active duty; I am requesting an expedited review and upgrade of my discharge status. After a review of the Former Service Members (FSM) DD Form 293 Application for the Naval Discharge Review Board of Discharge or...

  • NAVY | DRB | 2004_Navy | ND04-00617

    Original file (ND04-00617.rtf) Auto-classification: Denied

    ND04-00617 Applicant’s Request The application for discharge review was received on 20040303. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. In short, I feel that an upgrade to “honorable” would be consistent with the life I live today, and would be an investment that would enable me to be worth more to my country, as I look to the future with restored vision.

  • USMC | DRB | 2003_Marine | MD03-00406

    Original file (MD03-00406.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. I was discharged from the United States Marine Corps on June 16, 2000 with an Other Than Honorable Discharge, because of the results of a positive drug test.

  • USMC | DRB | 2003_Marine | MD03-00499

    Original file (MD03-00499.rtf) Auto-classification: Denied

    MD03-00499 Applicant’s Request The application for discharge review was received on 20030203. The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. 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...

  • NAVY | DRB | 2000_Navy | ND00-00417

    Original file (ND00-00417.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION I am hoping that the past mistakes I've made can be forgiven and I am granted I new lease on life so that I can make things better for my two children and myself. 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:

  • USMC | DRB | 2002_Marine | MD02-00564

    Original file (MD02-00564.rtf) Auto-classification: Denied

    MD02-00564 Applicant’s Request The application for discharge review, received 020312, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Bill for college because of the Military Discharge I received. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

  • USMC | DRB | 2002_Marine | MD02-00142

    Original file (MD02-00142.rtf) Auto-classification: Denied

    Drugs are in no way part of my character make-up.2. During my discharge review board I notice that one of the members on the board was Lt. R_. Appeal denied 930211.930312: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.930315: Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.930316: Commanding...

  • NAVY | DRB | 2000_Navy | ND00-00061

    Original file (ND00-00061.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 (C and D).In response to applicant’s issue 1, the Board has no control over re-enlistment bonuses or the applicant’s credit rating. In response to applicant’s issue 2, the Board found that an Honorable discharge after 36 months on active duty is required for entitlements to benefits under the G.I. At this time, the applicant...

  • NAVY | DRB | 2004 Marine | MD04-00836

    Original file (MD04-00836.rtf) Auto-classification: Denied

    MD04-00836 Applicant’s Request The application for discharge review was received on 20040421. I have two requests from the discharge review board. (f) (1).As the representative, we ask that consideration be given to equitable relief, as this is also 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 5420.174C.