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NAVY | DRB | 2004 Marine | MD04-00601
Original file (MD04-00601.rtf) Auto-classification: Denied


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

DICKS, John E., 216-31-5536, ex-Pvt, USMC
Docket No. MD04-00601

Applicant’s Request
The application for discharge review was received on 20040225. 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 listed the American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041001. 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 Par. 6210.3.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“1. Letter from myself to Congress Woman E_ H_-N_ as well as a copy to Honorable J_ E_ stating the issue of my injured right knee.

2. Letter from my mother to congress Woman E_ H_-N_ and Honorable J_ E_ stating the issue of my injured right knee.

3. Letter in response from Congress Woman E_ H_-N_

4. Letter in response from Honorable J_ E_

5. Re: DD Form 293 #5- I have arranged to be represented by an authorize the release of records to Mr. R_ S_ of the American Legion (address deleted) (telephone number deleted)”

Additional issues submitted by Applicant’s representative (American Legion):

 7. “Equity Issue: Based on our review of evidentiary record and on behalf of this former member, we request that the Board consider provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.
_______________________________________________________________________
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.

Review of the service record reveals that this former member maintained satisfactory overall PRO/CON markings of 4.1/4.0 and earned the RMB. He was awarded NJP on 001222 for VUCMJ, Art. 86; NJP on 010307 for VUCMJ, Art. 92 and NJP on 010427 for VUCMJ, Art. 91. Following due process notifications, he was discharged Under Other Than Honorable Conditions due to a pattern of misconduct as authorized by MARCORSEPMAN, Par. 6210.3.

Essentially, as noted on DD Form 293, this Applicant is requesting that his discharge be upgraded because he is unable to receive treatment for his knee that he injured while in the USMC and as a result is unable to find work due to his disability. He has submitted congressional interest letters detailing his contentions for consideration.

The American Legion’s express purpose in providing this statement and any other submittals or evidence filed is to assist this Applicant in the clarification and resolution of the impropriety or inequity raised. To that end, we rest assured that the NDRB’s final decision will reflect sound equitable principles consistent in law, regulation, policy and discretion as promulgated by title 10 U.S.C., section 1553, and set forth in 32 C.F.R., part 724 and SECNAVINST 5420.174C, enclosure (1).

This case is now respectfully submitted for deliberation and disposition”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Letter from Applicant to Honorable Senator J_ E_, dated September 23, 2003
Letter from Applicant’s mother to Congresswoman E_ H_ N_, dated August 14, 2003
Letter to Applicant from Member of Congress, dated October 20, 2003
Letter to Applicant from United States Senate, dated October 27, 2003
Twenty-three pages from Applicant’s medical record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                980717 - 990707  COG

 Period of Service Under Review :
Date of Enlistment: 990708               Date of Discharge: 010613

 Length of Service (years, months, days):

         Active: 01 11 06
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 11                        AFQT: 42

 Highest Rank: Pvt                          MOS: 0811

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (5)                       Conduct: 4.0 (5)

 Military Decorations: None

 Unit/Campaign/Service Awards: RMB

 Days of Unauthorized Absence: 11

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

980715:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

 980717:  Initial enlistment contract documents admission of pre-service marijuana experimentation. Enlistment waiver was granted.

991222:  Counseled for deficiencies in performance and conduct. [Inability to achieve Class II swimmer qualification resulting in a MOS reclassification.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000823:  Counseled for deficiencies in performance and conduct, violating two counts of Article 86 of UCMJ. Specifically, (1) at 0730, on 000719 you failed to be at your appointed place of duty (Battery formation) and remained absent until 1000 that day; (2) at 0130, on 000721 you failed to be at Battery formation and you remained absent until 0300 of the same day. You demonstrated a lack of judgment and spirit de corps. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 001222:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from 0731, 001127 through 0730, 001129 (1 day).
Awarded forfeiture of $502.00 per month for 2 months, restriction and extra duties for 45 days, reduction to E-1. Not appealed.
010112:  Counseled for deficiencies in performance and conduct specifically, “ Unauthorized absence on or about 010112 at 0700, during which I failed to check-in with the Battalion Staff Duty Officer for my extra punitive duty assignment.” Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010307:  NJP for violation of UCMJ, Article 92:
 Specification: Willfully disobeying a lawful written order Bn Liberty Risk Policy on 2330, 010216.
Awarded restriction for 600 days. Not appealed.
010308:  Counseled for deficiencies in performance and conduct, specifically, “Willfully disobeying a lawful written order (Bn Liberty Risk Policy) on 010216. Not being in own room after 2200 hours.” Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010320:  Alcohol evaluation: Assessment: Axis I Diagnosis or Condition Deferred on Axis I Axis II Diagonsis Deferred on Axis II. Axis III None noted (patient report). Applicant scheduled to attend IMPACT Class at Alcohol Rehabilitation Department, Camp Lester.     

010328:  Alcohol evaluation: Assessment: Axis I: Alcohol dependence with physiological dependence, early full remission. Axis II: No diagnosis. Axis III: Severe tendonitis, right knee (patient reported).

010406:  Counseled for deficiencies in performance and conduct, specifically, “Repeated acts of improper behavior and total disregard for Marine Corps regulations and military discipline. Under your current enlistment, you have received two nonjudicial punishment and two 6105 counseling entries, and one page 11 counseling entry for violations of the Uniform Code of Military Justice.” Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010412:  Applicant presently eligible for ARD/SACC alcohol treatment.

010426:  Alcohol Rehabilitation Department: Assessment: Axis I: Alcohol dependence with physiological dependence, early full remission. Axis II: No diagnosis. Axis III: Tendonitis, right knee (patient report).
010427:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from C Battery formation on 0530, 010419.
Violation of UCMJ, Article 91:
Specification: Treat with contempt and was disrespectful in language and deportment toward Cpl P_, Cpl C_, Cpl T_, Cpl V_, Cpl M_, and Cpl W_ by retorting “If you don’t like it, f------- charge me”, when counseled by the NCO’s concerning his wearing of white socks with the utility uniform. Disrespectful in language and deportment by saying “Suck my d---,” “Wanna lick my p----” and “I don’t give a f---”, or words to that effect on 0540, 010419.
Awarded forfeiture of $243.00 per month for 1 month, restriction and extra duties for 14 days. Forfeiture suspended for 1 month. Not appealed.
010502:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
010502:  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.

010502:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. The factual basis for this recommendation was Private D’s (Applicant’s) constant pattern of misconduct throughout his current enlistment. These acts of improper behavior have reflected his total disregard to adapt to military discipline. His negative and anti-social behavior are direct manifestations of this maladaptation to Marine Corps life and non-acceptance of our Core Values. As stated in letter dated 010502, Private D_ (Applicant) has received three nonjudicial punishments, and four page 11 counseling entries for violations of the Uniform Code of Military Justice. Despite repeated attempts to foster the development of Private D_ (Applicant), his continued actions and blatant disregard for authority demonstrate that he has no potential for further military service.

010510:  SJA review determined the case sufficient in law and fact.

010517:  GCMCA, CG, 3d Marine Division, directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010613 under other than honorable conditions for misconduct due to a pattern of misconduct (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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).

 Issue 1. The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, a procedural impropriety or inequity must have existed during the period of enlistment in question. No impropriety or inequity is evident during the Applicant’s enlistment. T he Applicant’s service was marred by 3 nonjudicial punishment proceedings for violations of Articles 86, 91, and 92, of the UCMJ. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Marine Corps and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

Issue 2. In the Applicant’s letter to the Honorable Senator J_ E_ , he is requesting “military benefits” for treatment of an “injury I received in the Marine Corps”. When reviewing a discharge, the NDRB does consider the extent to which a medical problem might affect an applicant’s performance and ability to conform to the military’s standards of conduct and discipline. The NDRB generally does not consider the circumstances surrounding the applicant’s stated condition, the implied incorrect diagnosis, nor the medical treatment given to the applicant to be of sufficient nature to exculpate the applicant’s misconduct. In fact, the NDRB sees no connection between the applicant’s misconduct and his medical condition. Relief is not warranted.

The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board. 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. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of obtaining medical benefits. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

The applicant’s representative requested that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered. The applicant provided one letter of recommendation from his mother as documentation of his post-service. The applicant's efforts need to be more encompassing than those provided. For example, the applicant could have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, and certification of non-involvement with civil authorities, in order for consideration for an upgrade based on post-service conduct. At this time, the applicant has not provided sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in his characterization of discharge. Therefore, relief is inappropriate.

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 documentation to support any claims of post-service accomplishments or any other evidence related to his her discharge 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 P1900.16E), effective 31 Jan 97 until 31 Aug 01.

B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 92, failure to obey a lawful written order.
C. 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.

D. 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.

E. 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      


BOARD MEMBERS RECORD OF VOTE

____________________________________________________________________
 NAME                                        CHARACTER        BASIS/REASON

T.B. GALVIN, COL, USMC                     NO CHANGE                 NO CHANGE
Presiding Officer
 
B. DUNCAN, MAJ, USMC                       NO CHANGE                 NO CHANGE
Member
 
J. ZWILLER, CAPT, USMC                     NO CHANGE                 NO CHANGE
Member
 
 J. KOSKY, LT, JAGC, USNR                  NO CHANGE        NO CHANGE
 Member
 
A. E. KOLKMEYER, LTCOL, USMC     NO CHANGE                 NO CHANGE
Recorder


Recorder’s Signature:_____________________________________________


Presiding Officer’s Signature:_______________________________________



A. The Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 31 Jan 97 until 31 Aug 01) Paragraph 6210, MISCONDUCT , states:

1. Whenever a Marine is involved in misconduct, as described in the following paragraphs, commanders shall process the Marine for separation unless rehabilitation and retention are warranted under the guidelines in paragraphs 6105. Characterization of service normally shall be under other than honorable conditions, but characterization as under honorable conditions (general) may be warranted in some circumstances. For Marines who have completed entry level status, characterization of service as honorable is not authorized unless the Marine's record is otherwise so meritorious that any other characterization clearly would be inappropriate and the separation is approved by the GCMCA. When characterization of service under other than honorable conditions is not warranted for a Marine in entry level status, the separation shall be uncharacterized. Separation processing for a series of minor disciplinary infractions or a pattern of misconduct may not be initiated until the member has been counseled in accordance with the guidelines for counseling set out in paragraph 6105. Counseling per paragraph 6105 and rehabilitation are not required if the basis of separation is commission of a serious offense, a civilian conviction or similar juvenile adjudication, sexual harassment, or drug abuse. Process per provisions of paragraph 6303 or 6304 as appropriate. Actions on related misconduct separations:

a. Misconduct involving homosexual conduct shall be processed under paragraph 6207.

b. Misconduct involving fraudulent entry shall be processed under paragraph 6204.3.

c. Offenses involving drug abuse shall be processed for separation by reason of the appropriate drug abuse offense in paragraph 6210.5, as well as, other applicable reason in this Manual.
2. Minor Disciplinary Infractions. A Marine may be separated when there is in her/her service record book, a documented series of at least three minor disciplinary infractions, during the current enlistment, of a nature which have been or would have been appropriately disciplined under Article 15, UCMJ, nonjudicial punishment. If separation of a member in entry level status is warranted solely by reason of minor disciplinary infractions, the processing should be under Entry Level Performance and Conduct. Separation processing may not be initiated until the Marine has been counseled per paragraph 6105. The notification procedure contained in paragraph 6303 may be used if characterization of service under other than honorable conditions is not warranted.

3. Pattern of Misconduct. A Marine may be separated when there is a pattern of more serious misconduct than in paragraph 6210.2 which include[s] two or more discreditable involvements with civil and/or military authorities or two or more instances of conduct prejudicial to good order and discipline within one enlistment. Such a pattern may include both minor and more serious infractions. An established pattern of dishonorable failure to pay just debts and/or to contribute adequate support to dependents or failure to comply with orders, decrees, or judgements of a civil court concerning support of dependents may be processed under this paragraph. Separation processing may not be initiated until the Marine has been counseled per paragraph 6105. The notification procedure contained in paragraph 6303 may be used if characterization of service under other than honorable conditions is not warranted.

4. Sexual Perversion. Sexual perversion (see paragraph 1002.53) is not a specific basis for discharge. Marines involved in acts of sexual perversion shall be processed under paragraph 6210.6 or 6210.7, as appropriate.

5. Drug Abuse

a. Commanders shall process Marines for administrative separation for illegal, wrongful, or improper use, possession, sale, transfer, distribution, or introduction on a military installation of any controlled substance, marijuana, steroids, or other dangerous or illicit drug or the possession, sale, or transfer of drug paraphernalia as defined in SECNAVINST 5300.28. Evidence obtained from an involuntary urinalysis administered pursuant to an inspection under Military Rules of Evidence 313, MCM 1984, or from a search and seizure under Military Rules of Evidence 311317, MCM, 1984, or incident to an exam conducted for a valid medical reason may be used to characterize a member's discharge as under other than honorable conditions. The procedures contained in paragraph 6304 shall be used when separating a Marine under these provisions, unless a characterization of service more favorable than other than honorable is required.

b. All Marines, regardless of pay grade, confirmed as having used or possessed illegal drugs will be processed for administrative separation for misconduct, by reason of drug abuse, per paragraph 6210.5 on the first offense. Marines may also be disciplined if such action is deemed appropriate.

c. Self-referral for drug use constitutes confirmation of illegal drug abuse and requires a Marine to be processed for administrative separation. The Voluntary Drug Exemption Program is no longer applicable. However, a Marine's voluntary submission to a DoD treatment and rehabilitation program, and evidence voluntarily disclosed by the Marine as part of the course of treatment in such a program may not be used against the Marine on the issue of characterization of service. This limitation does not apply to:

(1) The introduction of evidence for the purpose of impeachment or rebuttal in any proceeding in which evidence of drug abuse has been first introduced by the Marine; or

(2) The taking of action based on independently derived evidence, including evidence of continued drug abuse after initial entry into a treatment and rehabilitation program.

d. Marines separated for drug abuse will be screened for drug dependency at a Substance Abuse Counseling Center (SACC) and, if diagnosed as drug or alcohol dependent, will be referred to the Veterans Administration at the time of separation. . . .

6.       Commission of a Serious Offense .

a. A Marine may be processed for separation for the commission of a serious military or civilian offense under the following circumstances:

(1) The specific circumstances of the offense warrant separation.

(2) A punitive discharge would be authorized for the same or a closely related offense under the UCMJ.

b. A military or civilian conviction is not required for discharge under this provision.

c. Follow the procedures in paragraph 6304 when separating a Marine under this provision.

7.       Civilian Conviction .

a. Commanders may process Marines who are convicted by civilian authorities (foreign or domestic) or action taken which is tantamount to a finding of guilty, including similar adjudications in juvenile proceedings, when:

(1) The specific circumstances of the offense warrant separation, and

(2) A punitive discharge would be authorized for the same or a closely related offense under the UCMJ; or

(3) The sentence by civilian authorities includes confinement for 6 months or more without regard to suspension or probation.

b. Separation processing may be initiated whether or not a Marine has filed an appeal of a civilian conviction or has stated an intention to do so. However, execution of an approved separation should be withheld pending outcome of the appeal or until the time for appeal has passed, unless the Marine has requested separation or the member's separation has been requested by the Commandant of the Marine Corps. Such request must be approved by the Secretary of the Navy who may direct that the member be separated prior to final action on the appeal.

c. For special provisions regarding characterization of discharge based upon civilian conviction in the case of a reservist, see paragraph 1004.4d.
d. Follow the procedures in paragraph 6304 when separating a Marine under this provision.

8. Sexual Harassment

a. Processing for separation is mandatory following the first substantiated incident of sexual harassment involving any of the following circumstances:

(1)      Threats or attempts to influence another’s career or job for sexual favors:
(2)      Rewards in exchange for sexual favors; or,
(3) Physical contact of a sexual nature which, if charges as a violation of the UCMJ, could result in a punitive discharge.

b. An incident is considered substantiated when there has been a court-martial conviction, nonjudicial punishment, or the commander determines, based on a preponderance of the evidence, that sexual harassment has occurred.

c. Refer to the procedures in paragraph 6303 or 6304, as applicable. The basis for separation shall be under paragraph 6210.2 (Minor Disciplinary Infractions); 6210.3 (Patter of Misconduct); or 6210.6 (Commission of a Serious Offense). Counseling per paragraph 6105 is not required for processing a Marine for separation under this paragraph, unless the Marine is processed under paragraph 6210.2 or 6210.3.

9. Participation in supremacist r extremist organizations or activities.

a. Processing for separation is mandatory following the first substantiated incident or serious misconduct resulting from the member's participation in extremist or supremacist activities which, in the independent judgment of an administrative separation board convening authority, is more likely than not to undermine unit cohesion or be detrimental to the good order, discipline, or mission accomplishment of the command. Such misconduct must relate to:

(1) Illegal discrimination based on race, creed, color, sex, religion, or national origin; or

(2) Advocating the use of force of violence against any Federal, State, or Local Government, or ay unit or agency thereof, in contravention of Federal, State, or Local Laws.

b. An incident is considered is considered substantiated when there has been a court martial conviction, nonjudicial punishment, or an administrative separation board convening authority determines, based on a preponderance of the evidence, that the member has engaged in supremacist or extremist conduct.

c. The based for separation shall be under paragraphs 6210.2 (Minor Disciplinary Infractions); 6210.3 (Pattern of Misconduct); 6210.6 (Commission of a Serious Offense); 6214 (Separation in the be Best Interest of the Service). Note, however, that paragraphs 6210.2 and 6210.3 may not be used unless the Marine has been previously counseled concerning misconduct per paragraph 6106.D.

d. The least favorable characterization is under other than honorable condition, if an Administrative Board Procedure (Paragraph 6304) is used. Characterization is Honorable, General (Under Honorable Conditions), or Uncharacterized (Entry Level Separation), if the Notification Procedure (Paragraph 6302) is used. Refer to Paragraphs 6210.2, 6210.3, 6210.6 and 6214 to determine the applicability of paragraphs 6303 and 6304.

B. The Manual for Courts-Martial authorizes the award of a punitive discharge upon conviction by a special or general court-martial of violation of the UCMJ, Article [e.g. Article 86, for unauthorized absence for more than 30 days].
[OPTIONAL ADD ON]

 X. Paragraph 1004.3c of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 950818), Types of characterization, states, with regard to an under other than honorable conditions characterization:

1. This characterization may be issued when the reason for separation is based upon behavior or omission that constitutes a significant departure from the conduct expected of a Marine. (Examples of factors that may be considered include, but are not limited to, the use of force or violence to produce serious bodily injury or death, abuse of special positions of trust, disregard of customary superior-subordinate relationships, acts or omissions that seriously endanger the health and safety of others, and drug abuse.)

2. This characterization is authorized only if the member has been afforded the opportunity to request an administrative board, except in cases of separation in lieu of trial by courts-martial. See paragraphs 4104 and 6419.

3. When an enlisted Marine serving in paygrade E-4 or above is administratively separated with an other than honorable characterization of service, the Marine shall be administratively reduced to paygrade E-3, such reduction to become effective upon separation.


X. Paragraph 1004.4e of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 950818), Limitations on Characterization, Drug Abuse, states that confirmed illegal drug abuse requires mandatory administrative separation processing. If processing is based solely upon evidence that may not be considered in determining characterization of service, the separation authority may direct retention, or approve an honorable or general (under honorable conditions) characterization of service as warranted by the respondent's service record. In all other administrative separation proceedings based on drug abuse, the GCMCA may act as the separation authority and take final action in accordance with paragraph 6309 (except in cases that must be forwarded to the SECNAV or CMC under subparagraph 10004.4c or paragraph 6307.
X. Paragraph 1004.4f of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 950818), states that the results of a mandatory urinalysis may be considered on the issue of characterization when the evidence was gathered during an inspection under Military Rules of evidence 313, MCM, or from a search and seizure under Military Rules of Evidence 311-317, MCM, or incident to an examination conducted for valid medical purpose under Military Rules of Evidence 312 (F), MCM.
X. Table 1-1, Characterization of Service, Rule 8, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 950818), states that if a Marine is being separated under a provision of chapter 6, characterization of service is as directed by the separation authority.

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  • USMC | DRB | 2002_Marine | MD02-01274

    Original file (MD02-01274.rtf) Auto-classification: Denied

    MD02-01274 Applicant’s Request The application for discharge review, received 020903, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The factual basis for this recommendation was due to Applicant having received non-judicial punishment on two separate occasions for disobeying a lawful order and under age drinking, a psychiatrist has provided a diagnosis of borderline personality disorder which could deteriorate into...

  • NAVY | DRB | 2004 Marine | MD04-00201

    Original file (MD04-00201.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).Issue 1: By regulation, members who are processed for discharged within the first 180 days of enlistment are given characterization of service as “uncharacterized” unless there were unusual circumstances regarding performance or conduct, which would merit an “honorable” characterization. When the command suspects a...

  • USMC | DRB | 2005_Marine | MD0500660

    Original file (MD0500660.rtf) Auto-classification: Denied

    MD05-00660 Applicant’s Request The application for discharge review was received on 20050302. PART I - APPLICANT’S ISSUES AND DOCUMENTATION PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USMCR (DEP) 19970305 - 19970427 COG Active: USMC 19970428 - 20001003 HON Period of Service Under Review :Date of Enlistment: 20001004 Date of Discharge: 20021113 Length of Service (years, months, days):Active: 02 01 10 (Does not exclude lost...