Search Decisions

Decision Text

USMC | DRB | 2005_Marine | MD0501063
Original file (MD0501063.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-LCPL, USMC
Docket No. MD05-01063

Applicant’s Request
The application for discharge review was received on 20050524. The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20051117. . 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 by reason of misconduct due to drug abuse.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated

Applicant’s issues, as stated on the application:

“Honorable or General under honorable conditions.
I was randomly selected for a drug test + showed positive for this test. I had experienced drugs but I was never an avid user. I was away from home Thanksgiving 2002 and I was at a friends house and smoked a joint with my friends. A couple days latter that was when I was randomly selected for the drug test. I was feeling very depressed and homesick at this time, otherwise I would have never smoked marijuana. Since leaving the service I now live in Colorado. I have an excellent job as a cable technician established myself with the community. I have good credit, I own my own house, and lead a steady and stable life.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19991103 – 20000130               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20000131             Date of Discharge: 20030509

 Length of Service (years, months, days):

 Active: 03 03 09
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: none
         Confinement:              none

 Age at Entry: 21

 Years Contracted: 4

Education Level: 12                                 AFQT: 55

 Highest Rank: CPL                                   MOS: 0311

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3                           Conduct: 4.1 [Extracted from CO’s letter dtd 030318]

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): 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 :

990103:  Pre-service waiver for drugs granted.

991101:  Applicant briefed on and certified understanding of Marine Corps policy
concerning illegal use of drugs.
021216:  NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 021211, tested positive for THC.

030113:  Counseling: Advised of deficiencies in performance and conduct (Illegal drug involvement-marijuana (THC) usage on 11 Dec 02, as identified through urinalysis, and confirmed by NavDrugLab San Diego msg #162349Z DEC 02), necessary corrective actions explained, sources of assistance provided. Advised that processing for administrative separation for misconduct is mandatory per MCO P1900.16E.

030115:  NJP for violation of UCMJ, Article 112a: On or about 11 December 02, Cpl J_ tested positive on a urinalysis for THC.
 Award: Forfeiture of $678 per month for 2 months, restriction and extra duty for 30 days, reduction to E-3. Not appealed.
030121:  Substance Abuse Rehabilitation Program Department (SARPD), Camp Pendleton, CA, Client Legal Referral Statement. Applicant had been referred to SARPD by Medical Officer. Applicant request to seek legal counsel prior to evaluation. Applicant referred to legal and Command will reschedule the SARPD evaluation after legal appointment.

030205:  Applicant referred by CSACC to Substance Abuse Rehabilitation Department addictions consultation for drugs. Impression: cannabis abuse.
         Recommendation: MDAC.

030221:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of drug abuse. The factual basis for this recommendation: the Applicant’s positive urinalysis results.

030221:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

030318:  Commanding Officer, Battalion Landing Team 1/1, 13 th MEU, recommended Applicant’s discharge under other than honorable conditions by reason of drug abuse.

030417:  SJA review determined the case sufficient in law and fact.

030417:  GCMCA, Commander, Marine Corps Base, Camp Pendleton, 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 20030509 by reason of misconduct due to drug abuse (A) with a service characterization of under other than honorable conditions. 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 (B and C).

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.

 When the service of a member of the U.S. Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable. An under other than honorable conditions discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. T he Applicant’s service was marred by a nonjudicial punishment proceeding for violation of Articles 112a (wrongful use of controlled substances) 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.

The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any post-service documentation for the Board to consider. 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 documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. Representation at a personal appearance hearing is recommended but not required.


 Pertinent Regulation/Law (at time of discharge)

 A. The Marine Corps Separation and Retirement Manual, (MCO P1900.16F, effective
01 Sep 2001 until Present, Paragraph 6210, MISCONDUCT.
B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

C. 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_Navy | ND04-00434

    Original file (ND04-00434.rtf) Auto-classification: Denied

    The Applicant states he served his country for “4 years during very difficult times.” Despite a servicemember’s prior record of service, certain serious offenses, even though isolated, warrant separation from the naval service in order to maintain proper order and discipline. The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board. The Applicant remains eligible for a personal appearance hearing, provided an application is received,...

  • USMC | DRB | 2005_Marine | MD0500265

    Original file (MD0500265.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. 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...

  • USMC | DRB | 2006_Marine | MD0600326

    Original file (MD0600326.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Lance Corporal J_ disobeyed the Marine Corps orders and policy regarding the illegal use of a controlled substance. When questioned about his drug use, Lance Corporal J_ denied it and has demonstrated no remorse or acknowledgement of responsibility for his actions.

  • USMC | DRB | 2005_Marine | MD0500668

    Original file (MD0500668.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Chronological Listing of Significant Service Events :980805: Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.000524: NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 000519, tested positive for THC.000531: NJP for violation of UCMJ, Article 112A:Specification: Wrongful use, possession, etc of a...

  • NAVY | DRB | 2000_Navy | ND00-00671

    Original file (ND00-00671.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-YNSR, USN Docket No. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Chronological Listing of Significant Service Events : 880107: Ordered to active duty for 36 months under the Active Mariner Program.

  • USMC | DRB | 2005_Marine | MD0501489

    Original file (MD0501489.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Applicant’s conduct, which forms the primary basis for determining the character of his service, falls well below that required for an upgrade in characterization of service. The Applicant can provide documentation to support post-service accomplishments or any other evidence related to the discharge at that time.

  • USMC | DRB | 2001_Marine | MD01-00813

    Original file (MD01-00813.rtf) Auto-classification: Denied

    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) 940105 - 940123 COG Period of Service Under Review :Date of Enlistment: 940124 Date of Discharge: 961220 Length of Service (years, months, days): Active: 02 10 22 Inactive: None Age at Entry: 23 Years Contracted: 4 Education Level: 9...

  • USMC | DRB | 2006_Marine | MD0600219

    Original file (MD0600219.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Applicant should meet monthly with unit SACO for twelve months to monitor progress.021106: Commander, 2d Force Service Support Group, denied Applicant’s request of 020624 and directed Applicant’s prompt processing for administrative discharge under other than honorable conditions.Applicant waived right to an administrative discharge board.021206: SJA review determined...

  • USMC | DRB | 2003_Marine | MD03-00205

    Original file (MD03-00205.rtf) Auto-classification: Denied

    MD03-00205 Applicant’s Request The application for discharge review, received 20021114, requested that the characterization of service on the discharge be changed to honorable. “In closing, I am respectfully requesting the discharge upgrade to Honorable as well as the re-entry code be upgraded to support re-enlistment so that I may further serve my country upon completion of my college degree.” Documentation In addition to the service record, the following additional documentation,...

  • USMC | DRB | 2006_Marine | MD0600224

    Original file (MD0600224.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. As of this time, the Applicant has not provided sufficient post-service documentation for the Board to consider. 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...