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


FOR OFFICIAL USE ONLY


ex-Pvt, USMC
Docket No. MD06-00329

Applicant ’s Request

The application for discharge review was received on 20051212 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed “ To Reenlist .” The Applicant requests a personal appearance discharge review before a traveling panel. The Applicant requests a documentary record discharge review. The Applicant designated the Georgia Department of Veterans Service as the 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 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 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 and reason for 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:

“ 1. Clemency is warranted because it is an injustice for me to continue to suffer the adverse consequences of Under other than honorable conditions discharge.

2. My ability to serve was impaired by my youth and immaturity.

To whom it may concern. I am righting this letter on my behalf to apologize for my actions during my enlistment and to hopefully explain why I acted the way I did and the situations I was going threw. I hope that you will find it in your harts to forgive me for my mistakes and let me once again serve my country the way I should have did from the start.
I am very sorry for what I did, leaving without permission and failing a drug test. Maybe if I explain some of the situations I was going threw, I know that there is no excuse for my actions but I was young and didn’t handle my life the mature and adult way; This was the first time I had ever been away from home much less had a job. I was still in high school when I was recruited I never had a lot of responsibility. My mother and father took care of everything in my life and going straight from that to being in the military is a very big change I got scared. I got around the wrong crowed and started acting like them that is when my NCOs started giving me a hard time, then I just thought they wear being mean and trying to weed me out but now I know that they were trying to help me get me back on track. That’s whey I left, the other Marine I was hanging around with told me to leave with him that they wouldn’t do any thing to us just kick us out. When I came back that was when I did the cocaine to fail a drug test I don’t even know if it was that so I also told the advisor during my time in the brig it wasn’t the brig it was reconditioning that I did it. I had never done anything like that before and I was scared everything came down on me at once. I was in trouble and I had never been in trouble like that before, I haven’t ever been in any trouble before. I was always a good kid quiet never had many friends that’s one of the reasons I started hanging around those guys. The whole way threw boot camp they keep you scared and always busy so you didn’t have time to even think about it. Once I got to my MOS training I got freedom to do what I wanted. Like I said I hadn’t even been away from home are out of high school. I didn’t know what to do I wasn’t mature enough for that situation yet and it’s easy to make wrong choices like that. One wrong choice than another and another and after that you are lost. I look back on what I had at the time and I realize that I made a very wrong mistake by choosing that path but I have changed. I have a family of my own a beautiful little boy and a loving wife and I am currently in college to better my self and my life. I believe if I had that back then I would have known what I needed to do, they have been my guidance now and that’s what I strive for; I would like fore my son to be proud of me for my service not the mess up I did as a kid. I look back and wish I had it back I would do a lot of things different. I wont to be back in that lifestyle now if you would have me back please consider it; you won’t make a mistake this time.
“Please consider it”
Please don’t let stupid kids mistakes keep the man from becoming a good and faithful soldier.

Waiting hopefully
L_ D_ M_ III (Applicant)
[signed] ”

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
Criminal History Consent Form for Carterville Police Department, dtd July 14, 2003
Applicant ’s Georgia criminal history, dtd July 14, 2003 (4 pages)
Applicant ’s unofficial transcript, dtd November 10, 2005
Character Reference ltr from H_ M_, Georgia State Representative, dtd February 20, 2003

---

PART II - SUMMARY OF SERVICE

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

         Inactive: USMCR (DEP)    19970613 - 19980426       COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 19980427              Date of Discharge: 19990402

Length of Service (years, months, days):

Active: 00 11 0 6 (Does not exclude lost time.)
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: None
         Confinement:              28 days

Age at Entry: 18

Years Contracted: 5

Education Level: 1 1                                  AFQT: 70

Highest Rank: PFC                                    MOS: 6300

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency: 3. 1 ( 3 )                                 Conduct: 3.1 ( 3 )

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Marksmanship 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 :

970612 :  Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.

981029 :  Counseling: Advised of deficiencies in performance and conduct ( Article 86, several violations of unauthorized absent from AV(A1) School Mando PT and Article 92, being unshaven, incomplete homework and sleeping in class. This behavior will not be tolerated .), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

981124 :  Applicant to unauthorized absence at 0901 on 981124 .

981222 :  Applicant from unauthorized absence at 1100 on 981222 ( 28 days/apprehended).

981223:  NJP for violation of UCMJ, Article 86: Did, at AMS-2, MATSG, on or about 2100, 981107, fail to go to his appt pl of du, to wit: Duty Section.
         Violation of UCMJ, Article 86: Did, at AMS-2, MATSG, on or about 0901, 981124, absent himself fr his unit, to wit: AMS-2, MATSG, and did remain so absent until 1100, 981222.
         Violation of UCMJ, Article 92: Did, at AMS-2, MATSG, on or about 981107, fail to obey a lawful general order, to wit: MCO P1020.34F, by wearing a tongue stud.
         Violation of UCMJ, Article 134: Did, at AMS-2, MATSG, on or about 981107, wrongfully consume alcohol, in violation of Florida Statute 562.111.
         Award: Forfeiture of $463.00 per month for 2 months, correction custody for 30 days, reduction to E-1. Not appealed.

981223:  Applicant found fit for confinement.

990119:  NAVDRUGLAB, Great Lakes, IL. (Document is partial ly unreadable).

990122 :  NJP for violation of UCMJ, Article 112a: Did, in the CONUS, on or about 990119, wrongfully use cocaine.
         Award: Forfeiture of $ 479.00 per month for 2 month s , restriction for 6 0 days. Not appealed.

990128:  Medical evaluation at ATF Pensacola by J_ M_, MD
         S: Secondary record in ATF. There is a DSM-IV pattern of cocaine dependence and ETOH dependence. No history of seizures or significant physical withdrawal symptoms.
         Assessment: Cocaine dependence.
         ETOH dependence.
         Plan: (1) Abstain from illicit drugs.
         (2) Abstain from ETOH.
         (3) AA meetings.
         (4) NA meetings.
         (5) Inpatient rehabilitation designed to facilitate drug and ETOH abstinence and sustained sobriety.
         Recommendation:

990210 :  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was illegal in-service usage of a controlled substance as evidenced by the nonjudicial punishment held on 990122. Applicant informed the Commanding Officer was recommending discharge with an Other Than Honorable Conditions characterization.

990210 :  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.

990222 :  Commanding Officer, Aviation Maintenance Squadron Two , recommended to Commanding Officer, Marine Aviation Training Support Group, Pensacola, Applicant ’s discharge under other than honorable conditions by reason of misconduct due to drug abuse . The factual basis for this recommendation was contained in paragraph 2 of enclosure (1). Commanding Officer’s comments: “ As evidenced by enclosure (2) Private M_( Applicant ) has one adverse entry contained on his page 11, two nonjudicial punishments for violation of Article 86, 92, 112a and 134 of the Uniform Code of Military Justice and no page 13 entries. On 28 January 1999, he was screened and diagnosed alcohol and cocaine dependent, enclosure (4). On 17 February 1999, Private M_ voluntarily refused treatment and counseling, enclosure (5). Retention of the respondent is inconsistent with the morale, discipline and military effectiveness of the organization. ”

990225:  Applicant found medically qualified for separation.

990225 :  Commanding Officer, Marine Aviation Training Support Group, Pensacola , forwarded, concurring with recommendation that Applicant receive a discharge under other than honorable conditions by reason of misconduct due to drug abuse.

990330 :  SJA review determined the case sufficient in law and fact.

990330 :  GCMCA, Commander, Marine Corps Air Bases, Eastern Area , directed the Applicant 's discharge under other than honorable conditions by reason of misconduct due to drug abuse (Cocaine).

---

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990402 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).

The Applicant states his misconduct was the result of youth and immaturity and requests upgrade of his discharge and a change to the narrative reason for his discharge. Certain serious offenses, even though isolated, warrant separation from the naval service in order to maintain proper order and discipline. 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 Applicant’s service record is marred by award of nonjudicial punishment (NJP) for illegal drug use, thus substantiating the misconduct for which he was separated. The summary of service clearly documents that misconduct due to drug abuse was the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore consider his discharge proper and equitable. 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. 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. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. 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 to outweigh his misconduct. The Board discovered no impropriety or inequity in this case. 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. 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 .

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