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USMC | DRB | 2006_Marine | MD0600322
Original file (MD0600322.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. MD06-00322

Applicant’s Request
The application for discharge review was received on 20051207 . 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 20061025 . 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 attached letter to the Board:
“ To join National Guard. I D_ A_ (Applicant) am asking for a new opportunity in the National Guard and becoming a soldier to redeem myself from my mistakes in the past . ”

“To whom this may concern:

I D_ A_ (Applicant) received a misconduct discharge in the Marine Corp. on, October 22, 2003.

On the night that this situation occurred I was on leave, which is when the cause of my discharge took place. I had gone to a party with four of my peers knowing three of them consumed drugs, also knowing that they were not the appropriate people to have a guy’s night out with. Then I had returned to the Marine Corp. Combat Training School, not knowing exactly what happened that night. Once I returned to the base, I was screened for drugs. Two days after, while I was attending to training my marine instructor pulled me aside and explained to me how I failed my drug screening test. Later that same week, I called one of my peers to be informed in detail on what occurred that night. He told me, I was intoxicated and that one of my peers had given me drugs in order for me to maintain conscious. I admit that I accepted drugs into my system and greatly regret what I had done therefore this situation occurred because of a negative decision I made under the influence of alcohol. Towards this entire situation I state the following:

I D_ A_ (Applicant) admit the situation that occurred in the Marine Corp. I understand what I had done was incorrect. That situation caused a drastic change in my life because I value, respect, and honor serving for my country, “The United States of America”. The marine Corp was that only hope in my life at the time and there was when I realized that my true passion was becoming a soldier of the United States of America. From deep down inside of me, I honor and respect the field of battle. Therefore, I D_ A_ (Applicant) am asking for a new opportunity in the National Guard and becoming a soldier to redeem myself from my mistakes in the past. Also I do not have the same mentality I had before; therefore I have matured, no longer consume any type of drugs or alcohol, in addition I have maintained my system drug free for the past two years. Ever since my discharge I have been trying to discover a way for me to renter the United States Armed Forces. I am trying every option possible to give the best of my person and service as a soldier of the U.S.A. I appreciate the moment you’ve taken to read my statement and hopefully I shall once live my dream again. (Telephone number where I can be located: telephone number deleted)
Sincerely,
D_ A_ (Applicant)”
(signed)

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)    20030130 - 20030420       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20030421              Date of Discharge: 20031022

Length of Service (years, months, days):

 Active: 00 0 6 0 1
         Inactive: None

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

Age at Entry: 22

Years Contracted: 4

Education Level: 12                                 AFQT: 3 0
Highest Rank: Pvt                                    MOS: 9900

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 2 ( 1 )                       Conduct: 4 . 2 ( 1 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Sharpshooter Rifle Badge, N ational Defense Service Medal


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 :

030103 :  Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.
030 8 07 :  NJP for violation of UCMJ, Article 112a : In that Private A_, D_ (Applicant), U.S. Marine Corps, Fox Company, Marine Combat Training Battalion, School of Infantry, Training Command, Camp Lejeune, did, at an undisclosed location on or between 030722, - 030728, wrongfully use Cocaine, a schedule I controlled substance .
 Award: Forfeiture of $ 532. 00 per month for 2 month s , restriction for 6 0 days. Not appealed.
030807:  Counseling: Advised of deficiencies in performance and conduct (Specifically illegal usage of controlled substances (Cocaine) as verified by the NAVDRUBLAB message R 041258Z Aug 03). Necessary corrective actions explained, sources of assistance provided. Advised being processed for administrative separation.
030815 :  Applicant notified of intended recommendation for discharge by reason of misconduct due to drug abuse with a characterization of service as under other than honorable conditions. The factual basis for this recommendation was use of cocaine as identified by positive urinalysis test results, a violation of Article 112A. Applicant informed the least favorable character of service possible was under other than honorable conditions.

030815 :  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.

030818:  Applicant found medically qualified for separation from active duty.
0 30822 :  Commanding Officer, Headquarter and Support Battalion, School of Infantry, Training Command, Camp Lejeune recommended to Commanding General, Marine Corps Base, Camp Lejeune via Commanding Officer, School of Infantry, Training Command, Camp Lejeune that Applicant be discharge d by reason of misconduct due to drug abuse with a characterization of service as under other than honorable conditions. The factual basis for this recommendation was Applicant’s use of cocaine . Commanding Officer’s comments: “ Pvt A_ (Applicant) has demonstrated a blatant disregard for the Marine Corps’ policy towards drug use and has shown definite lack of Honor, Courage, and Commitment by his use of cocaine. He has proven to me that he does not posses s the discipline for continued service in the Marine Corps. ”

Not dated:       Commanding Officer, School of Infantry, forwards recommendation, concurring that Applicant be discharged by reason of misconduct due to drub abuse with a characterization of service as under other than honorable conditions. Commanding Officer comments: Private A_ (Applicant) understood the Marine Corps drug abuse policy, yet he knowingly and willingly used illegal drugs (cocaine) in an effort to be discharged from the Marine Corps. Private A_ (Applicant) is not requesting retention stating he is an expectant father and only wants to be home to take care of his child. Private A_ (Applicant) lacks the honor, courage, and commitment to successfully complete entry-level training. Private A_ (Applicant) is not recommended for retention. Therefore, it is in the bet interest of the Marine Corps to separate Private A_ (Applicant) with an other than honorable discharge.

 030916:  Applicant placed on voluntary leave awaiting Administrative Separation.
0 30930 :  SJA review determined the case sufficient in law and fact.
0 31015 :  GCMCA, Commanding General , Marine Corps Base, Camp Lejeune, North Carolina , directed the Applicant's discharge by reason of misconduct due to drug abuse with a characterization of service as under other than honorable conditions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20031022 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).

In the Applicant’s issue, the Board found 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.

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 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. 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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