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NAVY | DRB | 2004 Marine | MD04-00232
Original file (MD04-00232.rtf) Auto-classification: Denied



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


ex-Pvt, USMC
Docket No. MD04-00232

Applicant’s Request
The application for discharge review was received on 20031119. The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. 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 20041015. After a thorough review of the available 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. “My name-is S_ D_ H_ Jr ( Applicant ) and I had joined-the Marine Corp because I really had nothing better to do with my life. I am now 23 years old I had gotten out of the Military on May of 2002. It was the worst decision I had ever made to go and use drugs one night on a weekend, which caused my downfall for everything. I had tried to let everyone know how bad that had messed my life up and did not want to get out of the military. I want to get back in so bad it isn't funny. The military is the best thing for me and all I am asking for is a second chance at life. If there is anyway of getting back into the military I would do it in a heart beat. I have asked around and am pleading with the recruiters to try and help me. I am asking you for your help. I cannot do anything else with my life but go to school for me that is not what I want. I would rather be in Saudi Arabia with the rest of my platoon. There are so many things that I would love to say and express in every way to you, but I am a man of few words. If I can be put in front of a board hearing and get asked 50 questions about why I did what I did and why I want to get back in I would sit there and take it. I would love to go through boot camp again if that is what it takes to get back in. There is nothing stopping me from doing whatever it takes to get back in because if I had to go and change names to do it I would figuratively speaking of course. But I just want you to understand my reasons and intentions. My life is better in the military. Please give me a second chance at life I would not disappoint you.
Thank you for your time, if someone could call me on my cell and give me options I would appreciate them in any way at (telephone numbers deleted)

 S_ H_ Jr ( Applicant )”
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: None
          Inactive: USMCR(J)                010116 - 010214  COG
Period of Service Under Review :
Date of Enlistment: 010215               Date of Discharge: 020508
Length of Service (years, months, days):

          Active: 01 02 24
          Inactive: None

 Age at Entry: 20                          Years Contracted: 5
Education Level: 12                        AFQT: 58

 Highest Rank: PFC                          MOS : 6000
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                          Conduct: NMF
Military Decorations: None

 Unit/Campaign/Service Awards: ERMB
Days of Unauthorized Absence: None

 *No marks found in service record.

 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 :

010111:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
010801:  Counseled for deficiencies in performance and conduct. [You were UA from Focused Academics and consumed alcohol while in a Focused Academics status in violation of squadron policy on 010731. You also attempted to lie to the Squadron Duty Officer when confronted. You did not admit to your lack of integrity until the SDO informed you that he personally saw you at the Portside Club. You have demonstrated a lack of self-discipline by not being at your appointed place of duty at the specified time and have compromised your integrity by trying to be deceitful with a Marine in the execution of his duties.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
020110:  Medical Record Consultation Sheet: Provisional Diagnosis: Anxiety disorder. Dysthymic disorder.
020117:  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: Forfeiture of $736.00, confinement for 27 days, reduced to E-1.
         CA action 020117: Sentence approved and ordered executed.

020117:  Applicant found fit for confinement.
020508:  DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse.

 Applicant’s discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020508 under other than honorable conditions by reason of misconduct due to drug abuse (A). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this, the Board found that the discharge was proper and equitable (B and C). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issue 1. There is credible evidence in the record that the Applicant used illegal drugs. Mandatory processing for separation is required for Marines who abuse illegal drugs. Separation under these conditions generally results in characterization of service under other than honorable conditions. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

Concerning reenlistment, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps. Reenlistment policy of the naval service is promulgated by the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of 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 P1900.16F), effective 01 September 2001 until Present.

B. 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.
C. 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.
D. 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.

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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