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USMC | DRB | 2005_Marine | MD0501225
Original file (MD0501225.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD05-01225

Applicant’s Request
The application for discharge review was received on 20050713. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to 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 20060302. 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 and/or from an attached document/letter to the Board:

 “Dear Sir,

I enlisted in the United States Marine Corps in April of 1994 . I would like to start by saying that it was probably one of the best things that I have ever done to try and better my life . At the time that I enlisted everything in my life seem to be going fine.

About a month before I was to leave for boot camp, the girl I was going to ask to marry me was killed in an automobile accident . I went to boot camp unprepared for the mental challenges that would occur . Due to the death of the girl I loved and my mental state, I was able to battle the depression and anxiety for three years.

Due to the addition of the hard core training of boot camp, I consistently deteriorated physically, emotionally and psychological . I was able to hold out for approximately three and half years . At this time, I began seeking help with the Clergy about my problems . Then I decided to ask the doctor if I could be discharged because of my mental state.

All the responses I was getting was, ‘You don’t have much time remaining-just stick it out.’ But I knew myself and I was losing control . Therefore I did the unmentionable . I did an act that was unbecoming and I knew that I would be discharged.

As I look back at that time, I wish things could have been different . Before my girlfriend died, I longed to marry, have children and make a career of The Marine Corp . I did what I did in order to save my life . I truly believe if things would have progressed, I would have committed suicide . Only my mother and I know these things for truth because she received the phone calls.

Sincerely,

K_ T . H_ (Applicant)
[signed]”
Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Character Reference ltr from D_ T. C_, Associate Minister, Tree of Life Christian        Fellowship Church of God, dtd July 6, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19960228 - 19960421      COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 19960422             Date of Discharge: 19990205

 Length of Service (years, months, days):

 Active: 02 09 14
          Inactive: None

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

 Age at Entry: 21

 Years Contracted: 4

 Education Level: 12                                 AFQT: 63

 Highest Rank: LCpl                                  MOS: 1833

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (9)                                Conduct: 4.1 (9)

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Certificate of Commendation, Sea Service Deployment, Expert Rifle Badge, Marksman Pistol Badge


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 :

960223:  Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.

960228:  Psychiatric Exam: Applicant referred for eval because of positive urine test for marijuana. Applicant first used grass immediately upon graduation and then a couple of times before re-enlist. Applicant has used it about 5X total. Never brought any. No other drugs, ever. He previously tried to enlist in RA but urine was positive then – was RBJ’ed 6m.

960422:  District level pre-service waiver for littering, speeding, and (not legible).

970826:  Camp Schwab Primary Care. Applicant brought to Dispensary for suicide risk evaluation. Applicant has had feelings of depression and failure secondary to not liking his job on being a crewmember on Amtrac. Applicant stated that he would rather do Admin. The Applicant was brought to the Dispensary after telling his crewchief that if he ever committed suicide he would do it by crucifying himself. The Applicant does not have a specific plan for committing suicide. The Applicant denies HI. The Applicant currently denies SI. Applicant placed on 24 hour suicide watch. Applicant to see the Division Psychiatrist. Applicant contracts for safety.

970829:  Division Psychiatry, Consultation Report by A.N. L_, CAPT MC, USN.
         Diagnosis:
         Axis I: Occupational Problem
         Axis II: No diagnosis
         Axis III: No diagnosis
         Condition essentialy stable. No SI/HI.
         Recommenations:
1.       Psychiatrically fit for duty.
2.       Responsible for full behavior.
3.       Strongly suggest consideration for a change of MOS he requested if at all possible. Suggested to member to talk to Command counselor.
4.       Counsel at Command level.
980904:  NAVDRUGLAB, San Diego, CA reported Applicant’s urine sample, received 980828, tested positive for THC.

980916:  NJP for violation of UCMJ, Article 112a: In that LCpl K_ T. H_(Applicant), did at MCB Camp Pendleton, on or about 24 August 1998, wrongfully use THC, a schedule II controlled substance.
         Award: Forfeiture of $500.00 per month for 2 months, restriction for 30 days and extra duty for 45 days, reduction to PFC/E1. Forfeiture suspended for 6 months. Not appealed. [* Administrative error, reduction should read PFC/E-2.]

980916:  Commanding Officer, 3d Assault Amphibian Battalion recommended Applicant’s discharge under other than honorable conditions. Commanding Officer’s comments: “During the past two months Lance Corporal H_(Applicant) has demonstrated that he has a drug problem, this behavior attests to his disregard for his safety and that of others much less the rules and regulations of the UCMJ. I feel he lacks the courage and commitment to be a Marine.
 With regards to the previously mentioned problem, LCpl H_(Applicant) cannot be trusted to perform without supervision or personal inspection. To make matters worse, often we have Marines who use drugs and demonstrate high job proficiency, but this is not the case with LCpl H_(Applicant), his drug use only compounds his poor performance. This creates an unnecessary burden upon the command and Corps and a dangerous environment considering he is licensed to operate 26-ton Assault Amphibian Vehicles (AAV). He continues to show no desire to help himself or adhere to Marine Corps standards.
LCpl H_(Applicant)’s blatant disregard for the rules and regulations of the Marine Corps make him both a hazard to himself and his fellow Marines and a detriment to the good order and discipline of the unit overall. His retention is not desired, needed, or recommended. As such, it is my opinion that LCpl H_(Applicant) should be administratively separated from the Marine Corps. He should receive an overall service characterization of Other Than Honorable (OTH) and Pros/Cons of 4.0/2.0.”
980917:  Counseling: Advised of deficiencies in performance and conduct (Usage of a controlled substance identified through urinalysis confirmed by the Naval Drug Lab San Diego, CA msg R 042022Z Sep 98.), necessary corrective actions explained, sources of assistance provided, and advised being processed for administrative discharge action.

980918:  Applicant notified of intended recommendation for discharge by reason of misconduct due to drug abuse with a characterization of service of under other than honorable conditions.
980918:  Commanding Officer, 3d Assault Amphibian Battalion recommended Applicant’s discharge under other than honorable conditions. The factual basis for this recommendation was documented use of a controlled substance as evidenced by enclosure (5) Private First Class H_(Applicant)’s blatant disregard for Marine Corps policy concerning illegal drug use indicates the need for separation in this case. Private First Class H_(Applicant) is not capable of further honorable service

980922:  Applicant advised of rights and having elected not to consult with counsel, elected to appear before an Administrative Discharge Board.
980930:  Naval Addiction Rehabilitation and Education Department, Naval Hospital Camp Pendleton, CA. Applicant counseled regarding military requirement for a medical officers evaluation for addictions prior to discharge and the counselor’s recommendation that I should participate in a medical officer evaluation for my own welfare. The Applicant refused to be evaluated. Applicant acknowledged the understanding that there is no Veterans Administration Hospital (VAH) addiction treatment available, if the Applicant is administratively separated from active duty.

981208:  Examination at Mental Health NHCP, by HM1 I_.
 Patient (Applicant) is a 23 year old active duty male who was escorted to BAS for possible suicidal ideation. Patient reports feeling depressed over the weekend about pending OTH discharge from Marine Corps. Patient states he phoned local police who brought him to a civilian psychiatric hospital. Patient reports he was admitted on 07Dec & discharge on PM of 08Dec (no copies available of hospital stay). Patient states he constantly has thoughts of self-harm but denies plan or intent. Patient however, will agree to a contract to let someone know prior to acting on above thoughts.
Provisional diagnosis: Adjustment disorder.
981208:  Mental Health Naval Hospital, Camp Pendleton, CA. Applicant examined for evaluation of Adjustment Disorder.
         Summary: 23 years old with anxiety/depression over past week in the context of possible loss of career and OTH. Suicide risk is considered low/acceptable.
         Assessment:
         Axis I: 1. Occupational Problem 2. THC Abuse 3. R/O Depressive D/O NOS, Adj D/O, anxiety, depression.
         Axis II: borderline, avoidant traits
         Axis III: none
         Recommendations:
         Defer: The patient’s (Applicant) command should undertake Administrative Separation for Unsuitability due to a Personality Disorder.
         No: A Medical Board/Limited Duty Board will be initiated because the patient (Applicant) is unfit for full duty.
         Yes: Psychotherapy for a total of 1-2 sessions over 4-6 weeks to resolve: cope with current stressors, and reduction of symptoms.
         Return to clinic 21 Dec 98 at 0900.
         Other: 1. Provided Education on Dx, Tx; yes.
         2. Patient (Applicant) advised to avoid all substance use.

981201:  Applicant’s statement to the Commanding General, 1 st Marine Division. Subject: Administration board.

981216:  NAVDRUGLAB, San Diego, CA reported Applicant’s urine sample, received 981211, tested positive for THC.

 9812XX:*         An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the allegations set forth in the Notification of Separation Proceedings is supported by a preponderance of the evidence. The Board recommends by a vote of 3 to 0 that the Respondent (Applicant) be discharged. The Board recommends by a vote of 3 to 0 that the characterization of service be other than honorable. The Board recommends by a vote of 3 to 0 that the discharge be suspended for a period of XX * months. [*Not legible.]
981228:  Commanding Officer, 3d Assault Amphibian Battalion recommended Applicant’s discharge under other than honorable conditions with no suspension.

990113:  Report of Medical History: Purpose of Examination: Separation. Used illegal substances marked yes. THC used - separation.

990128:  SJA review determined the case sufficient in law and fact.

990128:  GCMCA, Commander, 1 st Marine Division (Rein) 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 19990205 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 a nonjudicial punishment proceedings for violations of Articles 112a 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 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 additional evidence related to this 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 31 Jan 97 until 31 August 2001.

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

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