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


FOR OFFICIAL USE ONLY


ex-PFC, USMC
Docket No. MD06-00287

Applicant’s Request

The application for discharge review was received on 20051129 . 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 discharge review before a traveling panel closest to Eugene, Oregon. The Applicant did not list any 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 area at the W ashington 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 20061019 . 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 from an attached letter to the Board:

“ My discharge was premised on my experimental use of marijuana. I had just returned home after a year overseas. My grandfather had passed away (while I was overseas) and my father had just been diagnosed with MS. Needless to say I was very worried about Dad and rather depressed from losing my Grandfather. One evening I went out with some old schoolmates. We had a few drinks then someone passed around the marijuana and suggest it would make me feel better. I know it was stupid, but I did try it. I am rally sorry I let the Marine Corps down and I am sorry this momentary loss of integrity lost me the respect of my fellow Marines.

I would appreciate the opportunity to re-enlisted and prove to every concerned that I am deserving of the title of United States Marine. ”

“Dear Sir/Madame,

I am writing this letter to persuade the men and women of America’s armed forces and the presiding members of the military review board to consider giving me the opportunity to once again serve the citizens of my country. I deeply regret the actions that led to my dismissal and as a result of those actions, I will forever be saddened by the thought of what might have been if I had not made such a selfish and foolish mistake.

I was the product of a broken home. At the age of six my parents divorced, my father moved to an apartment of his own, and I remained in the custody of my mother. Several years after their divorce, my mother met a charming man nearly ten years younger than herself. Early in their relationship he treated my mother and I with love and respect. After 2 or 3 years of dating they were married and shortly afterward the family dynamic began to change. Many very destructive and violent behaviors began to surface in my new stepfather. He drank often and began to physically and emotionally abuse both me and my mother. This abuse took such a drastic toll on me psychologically, until recently I did not have the ability to grow into the strong, responsible, determined man I am today. I cannot describe the incredible rage I felt toward my stepfather or the extreme guilt I felt inside because I felt helpless in stopping the terrible beatings that my mother endured on a near daily basis. I believe these experiences contributed to the mental and emotional breakdown I experienced during the most trying times of my early adult life.

After discovering the abuse I experienced at the hands of my stepfather, my biological father petitioned to the Contra Costa County family court to gain custody of me to remove me from this very unhealthly situation. Unfortunately permanent scars on my body from beatings with extention cords, belt buckles or another number of weapons was not enough for the courts to warrant giving custody of me to my father. I endured at least four more years of this abuse before I had the courage to leave my mothers home and leave the constant abuse behind. My father bought another home of his own shortly before I came to live with him. He had been diagnosed with Multiple Sclerosis, a degenerative neurological disease that attacks the central nervous system, in 1989. This was very difficult for the both of us because his ability to walk was quickly deteriorating year after year. My father’s new home was in a very unfamiliar and potentially dangerous part of East Oakland, California. Shootings, stabbings and other acts of random violence were a common occurance. Drug sales and abuse here were commonplace. I began to associate with a undesirable crowd that frequently smoked marijuana and was involved in other destructive behaviors. In an attempt to gain favor with my new “friends” I acquired the habit of smoking marijuana just to fit in. After two or more years of regular drug abuse, the habit was very hard to break. Once I graduated from high school in the summer of 1995, I worked several dead end jobs that barely allowed me to scrape by given the severity of my drug addiction. I wanted desperately to find a way out of my very frustrating situation. I was at the shopping mall one day, and a sharply dressed young man in Marine Corps charlies who I recognized from high school walked toward me. He recognized me immediately and we talked for quite a while about old friends and what was going on in our lives at the present. B_ said that he was a member of the greatest military organization on the planet, The United States Marine Corps. “The who?” I said. “The Marines.” he proudly exclaimed. I was surprised by the very radical change I noticed in his demeanor and in his attitude. He seemed to be very confident and happy with his decision to join the military. If the past was any indication of his future, I would have never thought that B_ of all people, would have enlisted no less enjoyed being a member of the U.S. Marine Corps. I admired his courage and his ability to make positive changes in his life. He was on recruitment duty at the time and invited me to take the entrance exam. He believed I too could benefit from service in the Marine Corps. I took his advice and a few months later I too could call myself a United States Marine. OOHRAH! I felt more empowered and more successful than I had ever felt before. I excelled in my platoon, I was promoted to squad leader and I nearly graduated from boot camp with the rank of meritious PFC. I guess I had leadership potential but I just was not ready for the task of leading others. After I graduated boot camp, MCT, and MOS training, I shipped off for mainland Japan MCAS Iwakuni. I was a member of MWSS 171. I was a combat engineer, working as a heavy equipment operator. I took pride in my military appearance and bearing and because of this I was allowed to become a member of a small detachment that was deployed in a joint training exercise called “Tandem Thrust 97.” My detachment and I were temporarily stationed at a RAAF (Royal Australian Airforce) base in Amberly, Australia.

Throughout my two years of dedicated service I received several certificates of merit, and I showed my ability and dedication to the Marine Corps. Shortly before leaving my duty station at Iwakuni, I was informed of the extreme decline in my grandfather’s health. I was told he only had days to live. I was scheduled to return home and start one month of leave the day after Christmas. The day I arrived home was the day my grandfather died. I was devastated and so was the rest of my family. My father’s condition had worsened. I learned that during my absence my mother had been so severely beaten that she had permanent vision impairment in her left eye. In hindsight, due to all these factors the ability to overcome the peer pressure exerted by my “friends” was severely inhibited. After taking the first drag of marijuana, I was immediately overcome with a physically sick feeling and I knew from that moment that I had made probably the biggest mistake of my life.

Thirty days later, certain that I would bring shame to myself and my loved ones, I reported to my duty station at CSSG-1 Twenty-Nine Palms. In the weeks that prior to arriving at my duty station, I tried every method possible to detoxify my system, to no avail. After failing the urinalysis, I was never given any sort of psychological, emotional, or drug counseling. I was told by my superiors that if I didn’t accept NJP and a voluntary separation, that I would face a court marshal and a possible felony conviction. Out of fear and frustration, I took no steps to save my military career.

After I returned home, I was severely depressed for several months. I had no idea where my life was headed or what to do. After a few months passed, I had the opportunity to serve in a new Corps-AmeriCorps. AmeriCorps is a national service program, similar to a domestic PeaceCorps. I served as a literacy tutor in a collaborative program with AmeriCorps, East Bay Conservation Corps, and the Oakland Unified School District. I worked with first- and second-grade students and tutored them in reading and writing. It was a very rewarding experience for me to provide service for the children of our community. After completing the first year of the program, I had enjoyed it so much that I decided to participate for a second year. During this second year, I met my future wife, who also participated in the program.

Our relationship deepened, and after two years of being involved in a relationship together, we decided to get married and start a family. We also decided to relocate to Portland, Oregon to be closer to her family. Once we moved to Portland, I enrolled in an automotive technology program at Portland Community College. I completed the two-year program with a 3.0 G.P.A., high recommendations from my instructors, and certification as an automobile technician. I gained employment at a Ford dealership following school, where I worked for more than a year.

Since that very terrible mistake that I made, I have made every effort to turn my life around. With the enclosed recommendations, references, and military documentation, I hope that you will see the same. Please consider upgrading my discharge status.

Sincerely,

[signed] J_ J. H_ III (Applicant)”

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Character Reference ltr from M_ H_, Counselor, Faculty, L _ Community College, Counseling Department, dtd November 18, 2005
Character Reference ltr from K_ S_, Applicant’s spouse, dtd November 17, 2005
Applicant’s Resume
Certificate of Merit from the International Food Service Executives Association for individual contribution to improvement of food service operations (Mess Hall #222, Marine Corps Air Station Iwakuni, Japan) during the (fiscal year) 1998 W.P.T. Hill Excellence in Food Service Awards Competition, dtd December 31, 199 7 (2 pgs)
Ltr of Appreciation from Facilities Officer, Marine Corps Air Station Iwakuni, dtd July 9, 1997 (2 pgs)
Certificate of Training for the Construction Equipment Operators Course BEEO 53-96, Interservice Training Review Organization, Fort Leonard Wood, Missouri, undated
Applicant’s Academic Transcript from P _ Community College, dtd January 21, 2005
Certificate of completion for Transmission and Drive Train Certification, P_ Community College, dtd April 15, 2003
L etter of R eference from R_ J_, Automotive Instructor, P _ Community College , undated
Letter of Reference from K_ K_, Instructor, Automotive Technology, P_ Community College, dtd March 17, 2003
Letter of Reference from R_ B_, Instructor, P_ Community College, dtd May 8, 2003
Ltr from M_ L. B_, Lane County Veterans Service Office, dtd November 18, 2005
(4) Pages of medical from Applicant’s medical records

---

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

         Inactive: USMCR (DEP)    19960503 - 19960527       COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 19960528              Date of Discharge: 19980402

Length of Service (years, months, days):

Active: 01 10 07
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: None
         Confinement:              None

Age at Entry: 1 9

Years Contracted: 4

Education Level: 12                                 AFQT: 73

Highest Rank: LCpl                                  MOS: 1345

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency: 4 . 4 ( 5 )                                Conduct: 4 . 3 ( 5 )

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Sea Service Deployment Ribbon, Letter of Appreciation

---

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 :

960501 :  Applicant briefed on and certified understanding of Marine Corps policy co ncerning illegal use of drugs.

960528:  Pre-service MCD waiver authorized this date.

980206 :  NAVDRUGLAB, San Diego, CA , reported via msg 062102Z FEB 98 that Applicant’s urine sample, received 980110 , tested positive for THC .

980217:  Medical Entry: S ubstance abuse/dependence evaluation , LT J_ R_, MC, USNR: 20 year old male used marijuana in December 1997. Wanted to get out of USMC to help take care of grandmother, father at home. He’s since decided that should have approached via chaplain, etc. Denies dependency/abuse criteria. Denies depression, SI/HI.
         Applicant certifies in writing that information in consult is correct.
         DIAGNOSIS:
         Alcohol Abuse: No
         Drug Abuse: No
         Alcohol Dependence: No
         Drug Dependence: No

980218 :  Applicant notified of intended recommendation for discharge as under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was a recent violation of Article 112a, UCMJ: wrongful use of Marijuana (THC), a controlled substance and your disregard for the Uniform Code of Military Justice. Applicant informed the least favorable character of service possible was as under other than honorable conditions.

980219:  NJP for violation of UCMJ, Article 112a: Wrongfully use of a controlled s ubstance.
         Specification: In that LCpl J_ H. H_ III, (Applicant) USMC, did at an unknown location, on or about 2102, 980206, wrongfully use Marijuana (THC), a controlled substance.
         Award: Forfeiture of $519.00 pay per month for 2 months (suspended for 6 months), restriction and extra duty for 45 days, reduction to E-2. Not appealed.

980219:  Staff Non c ommission ed Officer in Charge, S ubstance Abuse Counseling Center, GySgt J. E. A_, USMC, advises Commanding Officer, Combat Service Support Group-1 that Applicant has been assessed by a substance abuse counselor and Medical Officer with no diagnosis. R ecommended Applicant be administrative ly discharge d due to positive urinalysis.

980219 :  Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

980224 :  Commanding Officer, Combat Service Support Group-1 , Marine Corps Air Ground Combat Center, Twentynine Palms, CA , recommended to the Commanding General, 1 ^st Force Service Support Group, that the Applicant be discharge d by reason of misconduct due to drug abuse with a characterization of service as under other than honorable conditions . Commanding Officer’s comments: “After considering all the evidence, I request that this Marine be discharged from the Marine Corps. I further recommend that the characterization of service be Under Other Than Honorable Discharge. ”

980326 :  SJA review determined the case sufficient in law and fact.

980326 :  GCMCA, Commander, 1 ^st Force Service Support Group, d irected th at the Applicant be discharge d by reason of misconduct due to drug abuse with a characterization of service as under other than honorable conditions .

Service Record was missing elements of the Summary of Service.

---

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980402 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 Applicant indicated that his drug abuse can be attributed to his family situation, specifically his grandfather’s death and his father’s worsening illness. The NDRB recognizes that serving in the Marine Corps is very challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that most Marines serve honorably and well and therefore earn honorable discharges. In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. While the NDRB respects the fact that the Applicant was dealing with a stressful family situation, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. 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 did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

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 sufficient post-service documentation for the Board to consider. Relief denied.

The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces. The NDRB is not authorized to change a reenlistment code. Reenlistment policy of the Marine Corps is promulgated by the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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