Search Decisions

Decision Text

USMC | DRB | 2005_Marine | MD0500040
Original file (MD0500040.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD05-00040

Applicant’s Request
The application for discharge review was received on 20040930. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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 20050107. 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. “Sirs, I would like to have my discharge updated so that I may apply for a V.A. ID, and to receive benfits. Also I would like to aply for a government position but can’t due to discharge. I respectfully request to have my discharge upgrade to honorable.”
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)                960620 - 961216  COG

 Period of Service Under Review :
Date of Enlistment: 961217               Date of Discharge: 980819

 Length of Service (years, months, days):

         Active: 01 08 03 (Does not exclude lost time)
         Inactive: None

 Age at Entry: 28                          Years Contracted: 4

Education Level: 12                        AFQT: 44

 Highest Rank: PFC                          MOS: 1345

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.0 (1)                       Conduct: 4.0 (1)

 Military Decorations: None

 Unit/Campaign/Service Awards: REB, SSDR

 Days of Unauthorized Absence: 12

 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 :

960620:  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.
970502:  Counseled for deficiencies in performance and conduct. [Being disrespectful to a NCO when told to leave the area around Air Force Detachment Barracks, combined with the lack of responsibility, judgment, and maturity.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970701:  Counseled for deficiencies in performance and conduct. [Your poor judgment and lack of responsibility by being involved in a alcohol related incident which caused your apprehension by civil authorities for domestic violence.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970824:  Counseled for deficiencies in performance and conduct. [Conduct detrimental to good order and discipline. Specifically, on 970816 you were drunk and disorderly and verbally disrespectful towards a Marine NCO.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
980107:  NAVDRUGLAB [San Diego, CA], reported Applicant’s urine sample, received 971224, tested positive for cocaine.
980421:  Summary Court-Martial.
 Violation of UCMJ, Article 86.
 Specification 1: UA from 971122 to 971204.
Violation of UCMJ, Article 112a.
Specification 2: Wrongful use of cocaine on or about 971205.
Finding: Guilty to all charges and specifications.
Sentence: Forfeiture of $600.00, confinement for 30 days, reduction to Pvt.
CA action: 980429. Approved and ordered executed.
980513:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your positive urine sample for cocaine.

980513:  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.
980513:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was Applicant’s positive urine sample for cocaine.

980601:  SJA review determined the case sufficient in law and fact.

980602:  GCMCA [Commander, 3d 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 19980819 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 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 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, to enhance employment opportunities, or for 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 18 Aug 95 to 30 Jan 97.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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:

                  Secretary of the Navy    Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

Similar Decisions

  • NAVY | DRB | 2004 Marine | MD04-00129

    Original file (MD04-00129.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.921207: Applicant notified via certified mail, return receipt requested, of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by “a positive sample for Cocaine as identified by the Naval...

  • USMC | DRB | 2005_Marine | MD0500922

    Original file (MD0500922.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. As of this time, the Applicant has not provided sufficient post-service documentation for the Board to consider. You should read Enclosure (5) of the Directive before submitting such a complaint.

  • USMC | DRB | 2003_Marine | MD03-00199

    Original file (MD03-00199.rtf) Auto-classification: Denied

    Before the Marine Corps, I had never been in any type of trouble. 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. 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...

  • USMC | DRB | 2000_Marine | MD00-00550

    Original file (MD00-00550.rtf) Auto-classification: Denied

    MD00-00550 Applicant’s Request The application for discharge review, received 000328, requested that the characterization of service on the discharge be changed to honorable. 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).In the applicant’s issue 1, the NDRB determined this issue is without merit. At this time the applicant has not provided sufficient...

  • USMC | DRB | 2001_Marine | MD01-00474

    Original file (MD01-00474.rtf) Auto-classification: Denied

    The Board determined this issue has no merit. This urinalysis test was four months after the applicant enlisted into the Marine Corps. 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.

  • USMC | DRB | 2005_Marine | MD0501124

    Original file (MD0501124.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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:Secretary of the Navy Council of Review Boards

  • USMC | DRB | 2006_Marine | MD0600853

    Original file (MD0600853.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). Decisional issues Equity: Characterization not warranted by overall service record Post-service equity mitigates misconduct Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Reference Letter from M. R_ B_, dtd May 5, 2006Applicant’s DD Form 214 (Service...

  • NAVY | DRB | 2004 Marine | MD04-00400

    Original file (MD04-00400.rtf) Auto-classification: Denied

    The Applicant requested the characterization of service received at the time of discharge be changed to general/under honorable conditions. Additionally, after presenting his case before an Administrative Discharge Board, the Board found the Applicant had committed misconduct due to drug abuse based upon a preponderance of evidence and they recommended by unanimous vote that the Applicant be separated with an other than honorable conditions discharge. The Veterans Administration determines...

  • USMC | DRB | 2003_Marine | MD03-00737

    Original file (MD03-00737.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Honors...

  • USMC | DRB | 2003_Marine | MD03-00962

    Original file (MD03-00962.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Chronological Listing of Significant Service Events :990629: Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.000822: Counseled for deficiencies in performance and conduct. You should read Enclosure (5) of the Directive before submitting such a complaint.