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USMC | DRB | 2005_Marine | MD0501263
Original file (MD0501263.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD05-01263

Applicant’s Request
The application for discharge review was received on 20050725. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Applicant requests a hearing before the Board in the Washington National Capital Region. In the acceptance letter, the Applicant was advised that he will first receive a documentary record review. The Applicant designated a private representative as the representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060413. 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 attached documents to the Board:

“Issue 1: The first issue I would like to address is my other than Honorable discharge being upgraded to Honorable.

Issue 2: I would like to bring forth the issue of reentry into the Marine Corps.

Issue 3: I would like to review my achievements and time served.

Issue 4: Specifications that would be mandatory in order to reenlist into the Marine Corps.

Issue 5: Montgomery G.I. Bill

Issue 6: Voluneered services in Iraq/Afghanistan

 Hello, my name is J_ R_ B_(Applicant). I am twenty-four years of age. I was released from the United States Marine Corps one year and two months early for a dirty urine screen. Leaving the Marine Corps was the worst thing that has ever happened to me. As a teenager I attended two military schools on my own recognizance. I knew from a very young age that the military life was one for me. My father (Maj. A_ B_ jr. Ret.) served two tours in Vietnam. My brother (SSgt. K_ B_) served in Desert Storm and is currently serving his last four months in Iraq. I have only spoken to them briefly since my discharge, because I am just too embarrassed. But the hardest part knows I let my fellow Marines down. Words cannot describe the mental anguish I have endured in the past two years. It has been extremely difficult both financially and personally. I was even homeless for a brief period of time. But when I look back on my punishment I suppose I got exactly what I deserved. Even though, I feel that it is only fair to explain myself for my terribly unprofessional behavior. Upon arrival at my first duty station (Headquarters and Service Battalion, Quantico Va.) I excelled in many areas. Throughout my entire career I never fell below a 298 out of 300 point physical fitness test. I attended every meritorious board available, and even though I was unsuccessful at being meritoriously promoted, I was eventually selected to be on the Base Ceremonial Platoon. In my spare time I judged JROTC drill competitions and played intramural sports. I felt that my career was headed in the right direction. After September 11 th 2001 I volunteered for Afghanistan. Since Quantico was a non-deployable unit I was unable to go. I was however selected to the Marine Security Augment Anti-Terrorism Taskforce at Helicopter Marine Squadron One. It was a very prestigious duty and I felt honored guarding the President and other Gov. affiliates. My last duty was the Operations Company office. While there I was taken under the wing of 1st Sgt. D_ P_ B_. This was one of the greatest men I have ever met. In my eyes he was the perfect Marine. I was very proud to be in his Company, and I followed his lead with no questions asked. We became extremely close and he would often lecture me for hours about life and his travels throughout the world. Then on August 1st 2002 I came to work and found out that he had committed suicide over the weekend. It was like losing my father. I was depressed for a while, but I knew that I had to remain professional and carry on. I did so until I learned that my then fiancé’s unborn child had also died. After that I tried my best to get a Permanent Change of Duty Station so I could clear my mind and roll on. I was denied repeatedly. For a while I had a terrible attitude and got into a fight and that’s when I smoked. I didn’t make a habit of it, but unfortunately I grew up only 20 miles from where I was stationed. So I started going back to the old neighborhood after work and my old buddies from high school figured that it would help. I cannot believe that I was ever so foolish. I swear if I could only turn back the hands of time I would have never in a million years have done that ever again. I know the mistakes I made were stupid. But I beg of you to please try and focus on the good things I did. I think that I have been punished severely and I also think that I deserve another shot. There are no excuses for my highly inappropriate actions. I’m sure those Marines and soldiers in Iraq are faced with 10 times the problems I have ever faced. And that’s really what hurts the most. I really felt as if though I let down the entire Corps. Including my mentor and dear friend 1 st Sgt. B_. I know if he were still alive he would be disappointed. Since my discharge I have had ample time to think about my life and the decisions I have made in the past. I now have a two-year old son, and I have matured in many ways. Recently I found the Lord Jesus Christ. He has completely changed my life. And I honor him in everything I do. To be completely honest I joined the Marines shortly after graduating from high school and immediately after my eighteenth birthday. I may have been a little immature for the Marines back then. Now I’m twenty-four and I’m more than ready. At this point in my life I can honestly say that I have learned my lesson to the fullest extent. Recently I have spoken to various recruiters, and I am ready to volunteer my services in Iraq, Afghanistan or wherever the Corps sees fit. Please, I am begging for another chance. If I am disapproved for reentry to the Marine Corps I understand but it will be a devastating blow. I’ve wanted to be a Marine since I was thirteen years old. And I have not felt more passionate about anything since. Being a Marine is in my blood, not to mention tattooed on my forearm. At one point it was my entire life and I loved it. I completely understand that my dirty urine screen was unacceptable and I was punished severely for it. But besides that I honestly believe that I did put fourth a sincere effort to be a truly good Marine. My awards speak for themselves. I always trained hard and tried to keep up a professional attitude, even when things got bad. I do realize that there are strict rules and codes of conduct that every Marine is entitled to obey. If given another chance I give my word to honor those rules and regulations to the fullest capable extent. Thank you.

Sincerely,
J_ R_ B_(Applicant) ”

 The Applicant’s private representative submitted no issues.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1 and 4)
Servicemembers Group Life Insurance Election and Certificate, SGLV-8286, dtd November 17, 1999
Record of emergency data, dtd June 27, 2000
Montgomery GI Bill Act of 1984, DD Form 2366, dtd November 18, 1999
Separation/Travel Pay Certificate, dtd August 23, 2002
Enlistment/Reenlistment Document, DD Form 4/1, dtd November 10, 1999 (3 pages)
Restrictions on personal conduct in the Armed Forces, USMEPCOM Form 601-23-4
Letter of appreciation, dtd January 11, 2002
Meritorious Mast, dtd April 7, 2000
Letter of Appreciation, dtd March 2, 2002
Letter of Appreciation, dtd April 4, 2002
Certificate of Commendation, dtd July 23, 2002
Superior Physical Performance certificate, dtd March 14, 2001
Superior Physical Performance certificate, dtd June 18, 2001
Certificate of Achievement, dtd February 11, 2000
School of Infantry certificate, dtd April 7, 2000
Certificate of completion of Personnel Clerk Course 20-00, Personnel Administration and Legal Services School, dtd June 13, 2000
Certificate of promotion, dtd August 1, 2000
Thirty-seven pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19991110 - 19991115      COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 19991116             Date of Discharge: 20020823

 Length of Service (years, months, days):

 Active: 02 09 08
          Inactive: None

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

 Age at Entry: 19

 Years Contracted: 4

 Education Level: 12                                 AFQT: 47

 Highest Rank: LCpl                                  MOS: 0121

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (3)                                Conduct: 4.3 (3)

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): National Defense Service Medal, Certificate of Commendation, Letter of Appreciation (4th Award), Meritorious Mast, Rifle Sharpshooter Badge, and Pistol Marksman 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 :

9911xx:  Applicant received drug lecture.

010907:  Applicant unauthorized absence 0730 to 0900 on 010907.

011016:  NJP for violation of UCMJ, Article 86: Was, btwn 0730 and 0900, 010907, UA from his appt pl of du.
 Violation of UCMJ, Article 91: Was, on 010618, disrespectful in language and deportment toward a noncommissioned officer.
          Award: Forfeiture of $100 per month for 1 month, 30 das CCU. Forf of $50.00 pay per mo for 1 mo is hereby susp for a prd of 6 mos at which time, unless sooner vacated, will be remitted w/o further action. Appealed.

020513:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 020509, tested positive for THC.

020530:  NJP for violation of UCMJ, Article 112a: Did, on or about, 020504, wrongfully use a controlled substance, to wit: THC.
         Award: Reduction to E-2, forfeiture of $619 per month for 2 months, restriction and extra duty for 45 days. Forfeiture of $419.00 pay per mo for 2 mos, 15 das extra du, and 15 das restr are hereby susp for a prd of 6 mos at which time, unless sooner vacated, will be remitted w/o further action. Not appealed.

020610:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the months of Apr-May 2002 because of illegal drug use. Applicant chose not to make a statement.

020610:  Counseling: Advised of deficiencies in performance and conduct (illegal drug involvement). Applicant advised that processing for administrative separation is mandatory. Applicant chose to make a statement.
Undated:         Applicant’s rebuttal to administrative separation.

020621:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was conviction by nonjudicial punishment of Article 112a, UCMJ; use of marijuana.
020627:  Applicant advised of rights and consulted with counsel, elected to waive all rights.

020703:  Director, Consolidated Substance Abuse Counseling Center: Applicant was evaluated at CSACC on 020626 and does not meet the diagnosis and statistical manual of mental disorders criteria for drug abuse or dependence. Applicant provided address and phone number of civilian treatment facility closest to his home of record.

*020726:         Commanding Officer, Headquarters Company, recommended via Commanding Officer, Headquarters and Service Battalion, the Applicant’s discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was based on Private First Class B_(Applicant)’s testing positive for THC, enclosure (4) and subsequent nonjudicial punishment.
         [*Admin Error: Letter dated 2 Aug 02 but is referenced as 26 Jul 02.]

020729:  Counseling: Advised of deficiencies in performance and conduct (Violations of Art 128 and 134. Specifically assault on a Marine by pushing him down and head butting. These actions are prejudicial to good order and discipline.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

020729:  Applicant issued a military protective order to remain in effect until 2359 on 020930.

020801:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 020725, tested positive for THC.

020801:  Commanding Officer, Headquarters and Service Battalion, forwarded the Commanding Officer, Headquarters Company, letter, recommending Applicant’s discharge under other than honorable conditions by reason of misconduct due to drug abuse.

020812:  Forfeiture of pay, restriction and extra duty awarded at NJP on 020530 vacated.

020815:  SJA review determined the case sufficient in law and fact.

020816:  GCMCA, Commanding General, Marine Corps Base, Quantico, VA directed the Applicant's discharge under other than honorable conditions by reason of misconduct drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020823 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).

 Whenever a Marine is involved in misconduct due to drug abuse, on the first offense, commanders shall process the Marine for administrative separation. There is clear evidence in the Applicant’s service record that he used illegal drugs. Indeed, the Applicant received non-judicial punishment on 20020530 for violation of UCMJ Article 112a Wrongful use of THC. Evidence of such misconduct may be used to characterize a Marine’s discharge as under other than honorable conditions. The Board found that the Applicant’s service was equitably characterized. And so, relief on this basis is denied.
In view of his many achievements and time served, the Applicant requests a service characterization upgrade to Honorable. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. A service characterization under other than honorable conditions 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. There is irrefutable evidence that the Applicant’s conduct during his time in the Marine Corps was not honorable. Indeed, the Applicant’s records contain:
•         Nonjudicial punishment proceedings on 20011016 for violation of UCMJ Articles 86 Unauthorized absence and 91 Disrespect to a noncommissioned officer;
•         Nonjudicial punishment proceedings on 20020530 for violation of UCMJ Article 112a Wrongful use of THC; and
•         Retention warning entry on 20020729 for violations of UCMJ Articles 128 and 134, specifically assault of a Marine.
 The Board also noted that the Applicant’s misconduct was further aggravated by the fact that the Applicant tested positive for THC while being administratively processed. The Applicant’s conduct, which forms the primary basis for determining the character of his service, falls well below that required for an honorable characterization of service. An upgrade to honorable would be inappropriate; therefore relief is denied.

The Applicant desires a discharge upgrade to use the Montgomery G.I. Bill and reenter the Marine Corps. The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. Further there is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits. Regarding reentry, t he Board recognizes the Applicant’s motivation to become a Marine again; however, the Board has no jurisdiction over reenlistment, reentry, or reinstatement into any of the Armed Forces. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Since regulations limit the Board’s review to a determination on the propriety and equity of the discharge, t hese issues do not serve to provide a foundation upon which the Board can grant relief. Relief on this basis is not warranted.
The Applicant suggests that his discharge was inequitable because of his youth and immaturity at the time of service. The Board recognizes that serving in the U.S. Marine Corps is challenging. Most members begin their service at a relatively young age. It must be noted that despite their relative youth and immaturity, the vast majority of these members still serve honorably and therefore earn their honorable discharges. In fairness to those members, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. The Board concluded that the Applicant's service was equitably characterized. 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 post-service accomplishments or any other evidence related to the 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

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