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NAVY | DRB | 2004 Marine | MD04-01099
Original file (MD04-01099.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD04-01099

Applicant’s Request
The application for discharge review was received on 20040616. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the narrative reason for separation changed to “preexisting medical condition.” 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 20041112. 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 and narrative reason 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. “Denied to go upon a rating board upon separation”

 “In October of 2000 I joined the United States Marines Corps. Which I carried much pride in myself and my job two years had passed things started to now get more complicated. America’s tragedy effected my life a great deal this brought on deployment for the military but also war. I was proud and priviledge to be able to support and serve my country as the reality was hitting closer to home the thought of leaving my wife and my family and not knowing the outcome brought on alot of sadness. I’ am not one to handle my emotions well. My sadness seemed to turn to into a state of depression I then seemed to lose myself I didn’t know where to turn. I made a wrong turn into a substance abuse problem It did’nt take much time before this and my depression turned into suicidel thoughts I could no longer fight my problems on March 27, 2003 I attemted to take my life. I just wanted out, out of everything. I went to work that morning confided in them what I had tried to do they took me to the hospital on Camp Pendleton from there I was transported to Balboa in San Diego. Where I was admitted into mental health and evaluated for my condition. They reached a decision that I was no longer mentally fit to continue my time in active duty at this point I was comfortable with the decision made due to the fact that I would be back with my support system, my family. I was discharged from Balboa hospital on April 9, 2003. Time had passed my command had decided to keep me in I had mixed emotions about the situation but they had stated I was a good Marine which gave me some encourgement to finish out my time with dignity. Either way it was really up to them. I was anxiuos to move back home, when that changed I noticed a change in myself I slowly be came more depressed but I guess I colud say I was dealing with it. I had the understanding that with a job stress follows. I then got to a low point in the situation and I had in late August 2003 a relapse over the weekend. If only I could take back some of the choices I have made this would be one of them I had let myself down. In life people have to make chioces everyday of there some good and some bad this is a bad choice of mine that determined my military seperation in the Marine corp with an Other Than honorable discharge. I here understand the consequence for my mistake I had made but here is where my case might differ from another. Please take in mind I’am not asking for sympathy I ‘am only asking you to consider my request and and look over my case. In the mean time with the Military processing my paperwork. In mid September 2003 I became very ill and by the next week I had been diagnosed with Ulcerative Colitis which is an Irritable Bowel Disease and is lifelong. There are medications but no cure except surgery and in which if the medications do not help you inparticular. I was drastically losing weight with in that week I was admitted to the hospital on September 22 where I was treated until September 29. I would then be admitted on October 2 until October 6. Back again on October 19 on the 22 transfered to Balboa for further care at this point on the highest dose of steroid prednisone which more that not patients usually get better. I was discharged from Balboa on October 31 I was 112lbs. I had never been so sick in my life there is no intial cause of Ulcerative Colitis but is commomnly known to be triggered by stress. I slowly started getting better, well at least that is what I thought I followed up with my physician every week in the mean while my paperwork was still in progress there had been some mishaps with it in between. It is now january 2004 into the third week I started having severe abdominal pain I was admitted once again but this time it would change my quality of my life forever. The next day I was told my disease wasn’t actually getting better it was supressed my colon had become more inflammed with ulcers. The doctors had informed me that my colon was very close perforating which is life threatning they were not comfortable with risking something that serious. A couple hours later I was on my way to the operating room where I had my colon removed a complete abdominal colectomy which would then leave me with an ileostomy bag. I’am 22 years old and there is so much more I want to do with my life one day have a family of my own. In order to greater this I will have a second surgery to have what they call a j pouch where It will be internal once again although my life may never quite be the same and there are possible complications, At least I would be a step closer to being somewhat myself again. Before my discharge my doctor had recieved an email from the staff jude advocate throgh the VA reassuring that I would be taken care of pertaining to my existing condtion to have the follow up surgery. He was then confident as well as myself in there word and document to release me fit from active duty. The problem we came across is that in Florida they stated that in order to be treated I have to Request to be service connected and have my discharge changed. If we knew this problem would have arouse they would not have released from active duty. I was told that this process could take months a, possibly year and I may not be able to change, with my condition I was devistated. I would like to be taken care of for my prexisting condition which occured while on active duty in the Marine corps. If there is any you can to help broaden my situation it would be greatly appriciated by myself and my family. With all of this I leave with you medical and other documents stating the facts of my situation.

With Gratitude, ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (2)
Note from Applicant
Eighty-two 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)                000907 - 001009  COG

 Period of Service Under Review :
Date of Enlistment: 001010               Date of Discharge: 040305

 Length of Service (years, months, days):

         Active: 03 04 26
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 36

 Highest Rank: LCpl                         MOS: 1341

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (7)                       Conduct: 4.1 (7)

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, NDSM

 Days of Unauthorized Absence: 1

 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 :

000906:  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.
030328:  Admitted to Mental Health Unit, NMC, San Diego, CA for suicide attempt by cutting his wrist.
030409:  Discharged from NMC, San Diego. Presents significant risk of harm to self or others if retained on active duty. Recommended for expeditious administrative separation.
                  Axis I: Amphetamine induced psychosis with delusions, resolved
                          Amphetamine induced mood disorder, resolved
                           Amphetamine abuse
                           Cannabis abuse, R/O dependence
                           Alcohol abuse, in early sustained remission, R/O dependence

                  Axis II: Personality D/O NOS with borderline and antisocial features

 Undated:         Counseled for deficiencies in performance and conduct. [Personality disorder.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
030429:  Non-medical assessment from Applicant’s OIC reports that Applicant is not deployable due to his mental condition. Recommended discharge due to his non-deployable status and admitted use of illegal drugs.
030911:  NJP for violation of UCMJ, Article 86: UA from 0730, 030826 to 1900, 030826.
 Awarded forfeiture of $336.00 (suspended for 6 months), restriction and extra duties for 14 days. Not appealed.
030916:  NAVDRUGLAB San Diego, CA, reported Applicant’s urine sample, received 030910, tested positive for amphetamine and methamphetamine.
031007:  Counseled for deficiencies in performance and conduct. [Irresponsible behavior and poor judgment concerning your use of illegal drugs.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

031120:  NJP for violation of UCMJ, Article 112a: Wrongfully use methamphetamine on or about 030910.
 Awarded forfeiture of $645.00 for 2 months, reduction to E-2. Not appealed.
031203:  Applicant refused medical evaluation for drug abuse.

040107:  Applicant advised of 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.
040114:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by a positive urinalysis on 030904.
040114:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was a positive urinalysis for amphetamines and methamphetamines.

040129:  SJA review determined the case sufficient in law and fact.

040203:  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 20040305 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. Administrative separation for misconduct takes precedence over possible separation for other reasons. There is credible evidence in the record that the Applicant used illegal drugs. Drug abuse warranted processing for separation. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Separation under these conditions generally results in characterization of service under other than honorable conditions. Relief denied.

 The Applicant’s medical record confirms the Applicant’s claim that he was told he would be able to receive additional medical care through the Veterans Administration despite his less than honorable discharge. However, 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.
The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety 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. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. Evidence of continuing educational pursuits, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that may be provided to receive consideration for relief, based on post-service conduct. 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 P1900.16F), 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 “ http://Boards.law.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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