Search Decisions

Decision Text

USMC | DRB | 2003_Marine | MD03-01353
Original file (MD03-01353.rtf) Auto-classification: Denied


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

ex-PVT, USMC
Docket No. 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. The Applicant requests a documentary record 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 20040526. 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 do not have health insurance, nor I am eligible to receive these benefits currently, also the VA hospital offers work rehabilitation. I am ineligible to apply for this program as well. I am also unable to receive SGLI benefits that were paid for. With upgrade of my discharge to general under honorable conditions, I could utilize these benefits.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                000922 - 001016  COG

 Period of Service Under Review :
Date of Enlistment: 001017               Date of Discharge: 011121

 Length of Service (years, months, days):

         Active: 01 00 10 (Does not include lost time)
         Inactive: None

 Age at Entry: 18                          Years Contracted: 5

 Education Level: 12                        AFQT: 95

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.8 (5)                       Conduct: 3.5 (5)

 Military Decorations: None

 Unit/Campaign/Service Awards: LOA (3)

 Days of Unauthorized Absence: 26

 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 :

000921:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

010815:  NAVDRUGLAB [SAN DIEGO, CA], reported Applicant’s urine sample, received 010815, tested negative.

010822:  Counseled for deficiencies in performance and conduct. [Misconduct, self-admittance of drug use and unauthorized absence.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010822:  NJP for violation of UCMJ, Article 86: UA on or about 0801, 010715, without authority, absent himself from his unit, to wit: MCDet, Ft Huachuca, AZ, and did remain so until on or about 1500, 010810 (26 days). Violation of UCMJ, Article 134: On or about 010814, admit to wrongful use of a controlled substance, to wit: Marijuana and Speed, while in a UA status from 010715 to 010809.
 Awarded forfeiture of $584.00 pay per month for 2 months (1 month suspended for 120 days), restriction for 45 days, extra duties for 45 days (25 days suspended for 120 days), reduction to E-2. Not appealed.
010926:  Counseled for deficiencies in performance and conduct. [Misconduct due to pattern of misconduct and drug abuse.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010926:  NJP for violation of UCMJ, Article 92: Failed to obey lawful order on or about 010923, at MCDet, Ft Huachuca, AZ, to wit: MCO 1700.22D para.10a, wrongfully consume alcohol while underage; violation of Article 92: Failed to obey lawful order on or about 010923, at MCDet, Ft Huachuca, AZ, to wit: Policy Letter 2-96 para.1.a.1 dtd 910412, by possessing a bottle of Southern Comfort.
 Awarded restriction for 35 days, extra duties for 22 days, reduction to E-1. Not appealed.
011031:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
011031:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
011101:  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 self-admittance of drug use while in an unauthorized status.

011115:  SJA review determined the case sufficient in law and fact.

011119:  GCMCA [Commanding General, Training Command] 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 20011121 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. The Board’s regulations limit its review to a determination on the propriety and equity of the discharge. 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 this issue does not serve to provide a foundation upon which the Board can grant relief. 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 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 | 2006_Marine | MD0601131

    Original file (MD0601131.rtf) Auto-classification: Denied

    Commanding Officer’s Intended Recommendation: Record Supports Narrative Reason: YESDate Applicant Responded to Notification: 20050405Rights Elected at Notification: Consult with Counsel Obtain Copies Submit Statement(s) (date) Administrative Board Administrative Board Date : 20050805 Findings, by preponderance of the evidence: BYMAJORITY VOTE: DUE TO A PATTERN OF MISCONDUCT BYMAJORITY VOTE: SEPARATION IS WARRANTED Recommendation on Separation: BYMAJORITY VOTE: Recommendation on...

  • USMC | DRB | 2002_Marine | MD02-00711

    Original file (MD02-00711.rtf) Auto-classification: Denied

    I HAVE NEVER DONE DRUGS BEFORE. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant's DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 010222 - 010319 COG Period of Service Under Review :Date of Enlistment: 010320 Date of Discharge: 011010 Length of Service (years, months, days):Active: 00 06 21 Inactive: None At...

  • ARMY | DRB | CY2008 | AR20080017029

    Original file (AR20080017029.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 22 July 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12C (1), AR 635-200, by reason of misconduct for being AWOL on 010715 and were subsequently dropped from rolls on 010815 and remained in deserter status from 010815 until your return on 030521, with an under other than honorable conditions discharge. The intermediate...

  • NAVY | DRB | 2002_Navy | ND02-00972

    Original file (ND02-00972.rtf) Auto-classification: Denied

    he Applicant’s conduct, which forms the primary basis for determining the character of service, reflects his disobedience of the orders and directives that regulate good order and discipline in the naval service, and falls short of that required for a fully honorable characterization of service. Evidence of continuing educational pursuits, a positive employment record, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable...

  • 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. ...

  • NAVY | DRB | 2002_Navy | ND02-00041

    Original file (ND02-00041.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 010112 under other than honorable conditions for misconduct due to drug abuse (use) (A). 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 states: “Please consider that I do not have a drug problem it was just to get out of the navy because my dad owns...

  • NAVY | DRB | 2004 Marine | MD04-00864

    Original file (MD04-00864.rtf) Auto-classification: Denied

    MD04-00864 Applicant’s Request The application for discharge review was received on 20040427. _______________________________________________________________________ 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. The Applicant’s Representative states that “this Applicant is...

  • USMC | DRB | 2001_Marine | MD01-00753

    Original file (MD01-00753.rtf) Auto-classification: Denied

    I J___ S____ believe my discharge should be upgraded due to my performance while in the Marine Corps. The main reason I made the mistake was I went home for leave for a lengthy period of time, which by the time my leave was over I was home for almost 2 months waiting on my next school to start. Drug abuse warranted processing for separation, normally under other than honorable conditions, no matter how well the applicant may have otherwise performed.

  • USMC | DRB | 2001_Marine | MD01-00483

    Original file (MD01-00483.rtf) Auto-classification: Denied

    970204: GCMCA [Commander, Marine Corps Base, Camp Lejeune] authorized the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse. 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 states his discharge was based on one incident in 9 months of service. The NDRB is authorized to consider outstanding...

  • USMC | DRB | 2001_Marine | MD01-01165

    Original file (MD01-01165.rtf) Auto-classification: Denied

    MD01-01165 Applicant’s Request The application for discharge review, received 010905, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing. CA 000000: Sentence approved and ordered executed except for the BCD.990823: To confinement, Sentence of SPCM.990825: Applicant notified of intended recommendation for discharge...