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NAVY | DRB | 2004 Marine | MD04-00484
Original file (MD04-00484.rtf) Auto-classification: Denied


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


ex-LCpl, USMC
Docket No. MD04-00484

Applicant’s Request
The application for discharge review was received on 20040128. The Applicant requested the characterization of service received at the time of discharge be changed to honorable. The Applicant requested a documentary record review. The Applicant did not list a representative on his DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040827. 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. “To whom it may Concern:

 I J_ R. K_ (Applicant) was discharged other than honorably from the Marine Corps. I would like to explain why this discharge came about and hope you may understand why I so desperately need this upgrade to honorable. First I know you have no idea of my character or deminear from looking at my files but I am sure you will see that had almost completed my 4 year enlistment and was only shy by 3 months when this occurred, and that I was in fact on my way to reenlisting. I was a Cpl. at the time and made a grave mistake while intoxicated at a friends party, I participated in the illegal use of marijuana. It was in fact a onetime mistake that has proven to cost me more than you could possibly understand. First I was embarrassed in front of my entire company and platoon and was treated as if I had a plague, then I was more or less thrown out without any indication what to do next. I understand it was not anyone ’ s problem but my own but I do think it was unfair on the grounds that I gave the Marine Corps 3 + years of my life in which I was a very good marine I never had one incident or even a single Or bad counseling report I was a good NCO who bent over backwards for his marines on duty and off. I tried to stay in even after this but was not even given a chance I asked for other possible punishments and was given the cold shoulder again the plague syndrome, I know there is no excuse for my actions but it was a mistake and I do deeply regret it for more than one reason, first because I really did love the marines and the way I was treated made me feel like I was an outcast no one cared that I did my best or how hard I worked to be a good marine and an example for my platoon and non nco's. Second because since then I believe that my discharged has kept me from getting
Several jobs that I am well qualified for and instead have had to settle for low paying jobs where I have struggled for the last 2 years I have a family now married with 3 children and another on the way and they too are now feeling my punishments because I can barely keep our heads above water when the new baby comes I have no idea what is going to happen. Third I lost my only chance to go to college and make something Of my life as well as all other benefits which was a tremendous loss for me and heartbreaking everyone makes mistakes and mine crushed my entire life. I know my command did what the could but the military justice is very hard and in this case I believe a little to hard. I apologize for my actions and I wish I could turn back time but I haven’t that power. I hope that you can understand that it was a stupid thing for me to have done and I have paid for it time and time again and can only hope that you believe me that the discharge is only half of the punishment I received on top of me being busted down forfeiture of pay extra duty and the way I was treated my last month of active duty, it was very painful knowing I let down my family my friends my fellow marines and my country more than all of that I let down myself and I have to live with that for the rest of my life please take this into consideration upon reviewing this for I believe it may be my only chance to find a way to better my life and my families,

Sincerely,

J_ R. K_ (Applicant, unsigned) ”
Documentation
Under the “Supporting Documentation” paragraph, the Applicant marked the box "WILL NOT BE SUBMITTED. PLEASE COMPLETE REVIEW ON AVIALIABLE SERVICE RECORDS." on the second page of his DD 293 .

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active:                            None                       HON
          Inactive: USMCR (J)               980428 - 980712  COG

 Period of Service Under Review :
Date of Enlistment: 980713               Date of Discharge: 020225

 Length of Service (years, months, days):
         Active: 03 07 13
          Inactive: None
Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 39

 Highest Rank: Cpl
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (9)                       Conduct: 4.2 (9)
Military Decorations: LtrComm

 Unit/Campaign/Service Awards: SSDR
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 :

980426:  Initial enlistment contract documents admission of pre-service marijuana experimentation. Enlistment waiver granted. Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
020107:  NAVDRUGLAB [Jacksonville, FL] reported Applicant’s urine sample, received 000000, tested positive for THC.
020115:  NJP for violation of UCMJ, Article 112a: … did wrongfully use marijuana.
 Awd red to E-3, forf of $600.00 per month for 2 months, and 45 days restriction and extra duties. Forf of $600.00 per month for 1 month susp for 6 mos. Not appealed.
020117:  SACO/DACO eval/comment assessed the Applicant with Alcohol Dependence and Drug Abuse. Recommended Level II (Intensive Outpatient – IOP) treatment.
020124:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by his “ incident of illegal drug use as identified in NAVDRUGLAB JACKSONVILLE FL message 071927Z Jan 02.
020129:  Applicant advised of rights and having elected not to consult 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.
Undated:         Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was the Applicant’s “ incident of illegal drug use as identified in NAVDRUGLAB JACKSONVILLE FL message 071927Z Jan 02.

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

020212:  Suicide attempt by antihistamine overdose. Diagnosed with an adjustment disorder with depressed mood, resolved. Alcohol dependence. Cannabis abuse. Determined to be fit for duty.

020214:  GCMCA [Commander, 2d Force Service Support Group] 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 20020225 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 has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested in the issue. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board discovered no impropriety or inequity; thereby, considering the Applicant’s discharge proper and equitable. Relief denied.
The Applicant states, his discharge was based on one isolated incident in four years of service with no other infractions. There is credible evidence in the record that the Applicant used illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions. The discharge was proper and equitable. Relief denied.
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. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. 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 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      

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