Search Decisions

Decision Text

USMC | DRB | 2006_Marine | MD0600024
Original file (MD0600024.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. MD06-00024

Applicant’s Request
The application for discharge review was received on 20050927. 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 personal appearance before a traveling panel closest to New York, New York. The Applicant did not designate a representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC at the Washington Navy Yard. The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060830 . 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:

“Reenlist

Honorable Members of the Navy Discharge Review Board . I E_ G G_(Applicant) (social security number deleted) have submitted a form requesting an upgrade of my discharge from the Marine Corps. The reason an upgrade is requested is because I would like to reenlist in the Marine Corps and to have the opportunity to serve my country honorably I know that my bad choices led to my discharge out of the Marine Corps and that is the reason I have not even touched a can of beer or any tobacco products ever since I was discharged. I have PT every single day and I have been out of any problem. I am more than willing to do whatever is necessary for that opportunity to be given to me, I request as humble as I can to please consider my request. For I much desire to go back to my beloved Marine Corps, and have the opportunity to honorably serve my Country.
Att. E_ G G_(Applicant)”

 Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1 and Service 8)
Letter of Appreciation, dtd July 20, 2004
Certificate of Appreciation, undtd
Twenty-seven pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20031119 - 20040119      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20040120             Date of Discharge: 2004091 3

Length of Service (years, months, days):

 Active: 00 07 25
          Inactive: None

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

 Age at Entry: 26

 Years Contracted: 4

 Education Level: 12                                 AFQT: 54

 Highest Rank: Pvt                                   MOS: 9900

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (1)                                Conduct: 4.2 (1)

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Nationa l Defense Service Medal, Rifle Marksm a nship 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 :

031112:  Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.
040607:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 040528, tested positive for THC.

 040610:  Substance Abuse Evaluation Report: Applicant referred as a result of a command referral. Diagnosis: No diagnosis. Recommendations: Outpatient treatment. Weekly visits with Bn S ANCO until treatment. Individual should be held strictly accountable for their actions. Individual should be processed for administrative separation for illicit substance abuse. [Extracted from supporting documents submitted by the Applicant.]
040617:  NJP for violation of UCMJ, Article 112a: At an unknown location, on or before 26 May 2004 wrongfully used marijuana, a controlled substance.
         Award: Forfeiture of $596 per month for 2 months, restriction for 60 days. Not appealed.

040803:  Applicant found qualified for separation.

040914:  DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse, authority: MARCORSEPMAN 6210.5.


Service Record Book did not contain the Adm inistrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040913 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). The Board presumed regularity in the conduct of governmental affairs (D).

 In the absence of a complete discharge package, the Board presumed that the Applicant was properly notified, processed, and discharged in accordance with MILPERSMAN 1910-140 (formerly 3630600). The Applicant bears the burden of overcoming this presumption of regularity by presenting any substantial and credible evidence. The Applicant did not provide any documentary evidence to challenge the propriety or equity of the discharge. Therefore, the Board considered the Applicant’s discharge proper and equitable. Relief not warranted.

Whenever a member is involved in misconduct due to drug abuse, on the first offense, commanders shall process the member for administrative separation. Characterization of service 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 clear evidence in the service record that the Applicant used illegal drugs. Indeed, the Applicant received nonjudicial punishment on 20040617 for violation of UCMJ Article 112a Wrongful use of controlled substance (marijuana). Evidence of such misconduct may be used to characterize a member’s discharge under other than honorable conditions. This conduct, which forms the primary basis for determining the character of service, falls well below that required for an upgrade in characterization of service. Relief not warranted.

The Applicant informs the Board that he has “not touched a can of beer or any [tobacco] products” since discharge. While 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 service, the Board 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. 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, verifiable employment records, documented community service, certification of non-involvement with civil authorities, and credible evidence of a substance free lifestyle are examples of documentation that should have been provided to receive consideration for relief based on post-service conduct. At this time, the Board found that the Applicant’s statements concerning post-service conduct, without documented evidence, do not mitigate the misconduct, which precipitated discharge. No relief is granted on this basis.

The Applicant is advised that 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. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Since this issue does not serve to provide a foundation upon which the Board can grant relief, relief on this basis 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 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 .

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

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

  • USMC | DRB | 2006_Marine | MD0600415

    Original file (MD0600415.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Before his nonjudicial punishment, Lance Corporal E_ was a Corporal with over three years of time in service. Whenever a Marine is involved in misconduct due to drug abuse, on the first offense, commanders shall process the member for administrative separation.

  • NAVY | DRB | 2004 Marine | MD04-00630

    Original file (MD04-00630.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. During that inspection LCpl B_ blew in a breathalyzer with a result of .06. The NDRB is authorized, however, 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.

  • USMC | DRB | 2005_Marine | MD0501086

    Original file (MD0501086.rtf) Auto-classification: Denied

    MD05-01086 Applicant’s Request The application for discharge review was received on 20050614. An upgrade to an Honorable Discharge will assist in paying back the student loans more efficiently by enabling employers to trust me for more intricate employment opportunities that offer higher salaries.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s Supporting Documents, Attachment A, “Conception to...

  • USMC | DRB | 2005_Marine | MD0500518

    Original file (MD0500518.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Due to that felony charge I, I was discharged by the Marine Corps 8 months later. The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board.

  • NAVY | DRB | 2006_Navy | ND0600043

    Original file (ND0600043.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Based on the superlative support of his chain of command, I strongly concur with the recommendation of the administrative board and recommend that he be retained in he naval service.”991202: Commander, Carrier Group SIX, concurring with Applicant’s administrative board and Commanding Officer, recommended Applicant be retained in the Navy. The names, and votes of the...

  • NAVY | DRB | 2005_Navy | ND0501474

    Original file (ND0501474.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19921102 by reason of misconduct due to drug abuse (A and B) with a service characterization of under other than honorable conditions. The Board advises the Applicant and counsel that when the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. The names, and votes of the members of the Board are recorded on...

  • USMC | DRB | 2002_Marine | MD02-01083

    Original file (MD02-01083.rtf) Auto-classification: Denied

    MD02-01083 Applicant’s Request The application for discharge review, received 20020725, requested that the characterization of service on the discharge be changed to honorable. I was not strong enough to deal with the attitudes and actions of those towards me who did not know me.I tried hard at times, but still did things "my way". I believe I did the right thing in requesting separation and I believe I have become a good asset to the Marine Corps and society.

  • USMC | DRB | 2006_Marine | MD0600603

    Original file (MD0600603.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). She or no one else know’s about my discharge. He made a conscious decision to use illegal drugs and should be separated from the Marine Corps for his actions.

  • USMC | DRB | 2003_Marine | MD03-01020

    Original file (MD03-01020.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Four pages from Applicant’s service record Applicant’s DD Form 214 (2) Job/character reference, dated May 9, 2003 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active:...

  • USMC | DRB | 2006_Marine | MD0600062

    Original file (MD0600062.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). Commanding Officer’s comments: “On 17 October 2001, Lance Corporal G_ (Applicant) as given an opportunity to serve in the United States Marine Corps under a Drug Use and Abuse waiver. 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.