Search Decisions

Decision Text

USMC | DRB | 2003_Marine | MD03-00637
Original file (MD03-00637.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD03-00637

Applicant’s Request
The application for discharge review was received on 20030228. 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 20040114. 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 feel as though my discharge was improper because of one incident in 43 months of service.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
 Letter from Applicant

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 980122               Date of Discharge: 010822

 Length of Service (years, months, days):

         Active: 03 07 01
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 74

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (9)                       Conduct: 4.3 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Sharpshooter 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 :

980122:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
001208:  NJP for violation of UCMJ, Article 112a: On or about 001024 wrongfully use marijuana.
 Awarded reduction to PFC, forfeiture of $563.00 for 2 months, restriction and extra duties for 45 days. Not appealed.
010209:  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 positive urinalysis for marijuana. CO recommended that the discharge be suspended for 12 months.

010221:  SJA review determined the case sufficient in law and fact.

010223:  GCMCA [CG, 1 st FSSG] directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse. Discharge suspended until Applicant’s EAS.
010810:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct.
010810:  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. .

010810:  Commanding Officer recommended that the suspended discharge be vacated due to further misconduct as evidenced by his documented assault on 14 July 2001, for which civilian charges are pending.

010817:  SJA concurred that the suspended discharge be vacated.

010817:  Vacation approved. GCMCA [CG, 1 st FSSG] 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 20010822 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 during the Applicant’s service 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. 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      

Similar Decisions

  • USMC | DRB | 2002_Marine | MD02-00093

    Original file (MD02-00093.rtf) Auto-classification: Denied

    MD02-00093 Applicant’s Request The application for discharge review, received 011010, requested that the characterization of service on the discharge be changed to honorable. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.991217: NJP for violation of UCMJ, Article 112a: did test positive for Marijuana (THC).Awarded reduction to E-2, forfeiture of $537.00 per month for 2 months, restriction and extra duties for 45 days. PART...

  • NAVY | DRB | 2004 Marine | MD04-00947

    Original file (MD04-00947.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION In accordance with 32 C.F.R., section 724.166 and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to this Applicant’s petition. 030610: Commanding Officer recommended that the Applicant’s suspended discharge be vacated due to continued domestic violence incidents.

  • USMC | DRB | 2002_Marine | MD02-00974

    Original file (MD02-00974.rtf) Auto-classification: Denied

    010810: Commanding Officer, Support Battalion, recommended discharge under other than honorable conditions by reason of misconduct due to illegal use of drugs. 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: The Applicant contends that, as a matter of equity, his drug use was the only incident in an otherwise honorable period of 61 months of service. ...

  • USMC | DRB | 2003_Marine | MD03-01379

    Original file (MD03-01379.rtf) Auto-classification: Denied

    MD03-01379 Applicant’s Request The application for discharge review was received on 20030814. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. I AM RESPECTFULY REQUESTING AN UPGRADE TO GENERAL UNDER HONARABLE CONDITIONS.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Letter from R_ S_ Workers’...

  • USMC | DRB | 2003_Marine | MD03-00980

    Original file (MD03-00980.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 940509: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, and by a vote of 2 to 1 that the misconduct warranted separation, and recommended by a vote of 1 to 1 to 1, that the characterization of service be honorable, under honorable conditions (general), and...

  • USMC | DRB | 2003_Marine | MD03-01353

    Original file (MD03-01353.rtf) Auto-classification: Denied

    MD03-01353 Applicant’s Request The application for discharge review was received on 20030806. 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.

  • USMC | DRB | 2001_Marine | MD01-00547

    Original file (MD01-00547.rtf) Auto-classification: Denied

    I was dealing with some personal issues (divorce) that got in the way of my life & job & duty. 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) 950419 - 950622 COG Period of Service Under Review :Date of Enlistment: 950623 Date of Discharge: 980202 Length of Service (years,...

  • USMC | DRB | 2003_Marine | MD03-01177

    Original file (MD03-01177.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Drug abuse (with administrative discharge board), authority: MARCORSEPMAN Par. 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) 890920 - 900101 COG Period of Service Under Review :Date of Enlistment:...

  • NAVY | DRB | 2004 Marine | MD04-00258

    Original file (MD04-00258.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19931123 under other than honorable conditions for misconduct due to drug abuse (A). 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...

  • NAVY | DRB | 2004 Marine | MD04-00600

    Original file (MD04-00600.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. ________________________________________________________________________ In accordance with 32 C.F.R., section 724.166 and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to this Applicant’s petition. ...