Search Decisions

Decision Text

USMC | DRB | 2006_Marine | MD0600340
Original file (MD0600340.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD06-00340

Applicant ’s Request
The application for discharge review was received on 20051219 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable . 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 from an attached letter to the Board:
“I wold like to chang my reinlistment code. I believe I have worked hard to keep improving mysef since this incident has occured
I have never been in any kind of trouble before or since this incident has occured. I have earned a college degree since and have started and maintained a career for my self.”

“To whom this may concern,

I J_ B_ S_(Applicant) (social security number deleted) was administrively seperated from the United States Marine Corps. on the grounds of misconduct.
In December of 2000, several Marines and I went to San Berdino, CA to enjoy some time off. While we were there we began to drink, maby a little more than we should have. The next day the female that I was accompanied by the night before told me that I unknownly ingested the drug MDMA. I immediately informed my chanin of command, I was then informed that I had done the right thing by informing them. When the situation reached the commanding officer, I was given a urinalisis, and tested positive. At that time my rights were given to me, and I was charged with illegal drug use. I was then told that I would be administred Non-Judicial-Punishment. I refused it and requested a summary court martial because I assumed that I would have a better chance of presenting my case. My court martial was due to a lack of evdience. My Battalion Commander then seperated me from service.
Since my seperation from the Marines, I still saw fit to better myself by working hard any paying my way through college. I graduated at the top ten percent of my class while at the same time maintaining a full time job. The reason I have managed to succeed and excell during this time is because of the values and discipline that was installed in me by the military. I have undoubtely made a stupid mistake and except full responsibility for what I have done. I hope and pray that I be afforded a second chance to serve this country that I love so much.

J_ B_ S_(Applicant)
[signed] ”
Applicant’s Remarks: (Taken from the DD Form 293.)

“I don’t deny that I got myself into a situation that I had no business being in. I do not blame the Marine Core fore comming down on me as hard as they did, however harsh it may have been. I have never been in any kind of trouble before or since this incident. Everday I think of ways to change what I have done not to have dishonored myself or the Marine Corps. I thank all the members of the board for your time”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant ’s DD Form 214 (Member 4 (1) and Veterans Administration 3 ( 2 ))
 Applicant’s Certificate of Live Birth
 Applicant’s Grade History, ITI Technical College, dtd December 13, 2005
Character Reference from J_ D. O_, Head of Instrumentation, dtd January 4, 2004
 Character Reference ltr from J_ D. O_, Head of Education, ITI Technical College, undtd
Character Reference ltr from S_ C_, ITI Instrumentation Instructor, undtd
Character Reference ltr from M_ J. G_, State Representative, District 41, dtd March 16, 2004
 DD Form 369, Appli cant’s police record check request (4)
Applicant’s police record check from D_ W_, Clerk of the 19 th Judicial District Court, Parish of East Baton Rouge, Baton Rouge, LA, dtd March 2, 2004
 USAREC Form 1241, T attoo S creening F orm, undtd
 New Orleans Recruiting Battalion, Enlistment Prescreening Checklist , dtd April 1, 2004 (4 pages)
DD Form 2807-2 , dtd February 28, 2004 (6 pages) (2)
USAREC Fm 1145-R-E , Drug and Alcohol Testing Acknowledgement, dtd February 18, 2004
USMEPCOM Form 680-3A, dtd February 28, 2004
 USMEPCOM Form 680-3A, dtd March 1, 2004
DD Form 1996 (7 pages)
Blank police record check response form
 USAREC Fm 1118-R-E Request for Reference
 Standard Form 86, Security Clearance Application, EPSQ Version 2.2., Validation Report, dtd February 18, 2004 ( 10 pages)
 Fifty pages from Applicant’ Official Military Personnel File
USAREC Fm 1037-R-E, Probation Officer and/or Court Records Report , dtd March 2, 2004
Summary of Terms , Chase Manhattan Bank USA, National Association
Standard Form 180, Requests P ertaining to M ilitary R ecords, dtd March 29, 2004
 Army Pre-Processing Drug Screening Acknowledgement and Consent Form
 USAREC Fm 1037-R-E, Probation Officer and/or Court Records Report, undtd
 Seventy- five pages from Applicant’s medical record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19990716 - 19990829       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19990830              Date of Discharge: 20010629

Length of Service (years, months, days):

 Active: 01 10 00
          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: 54

Highest Rank: LCpl                                   MOS: 0313

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.6 ( 4 )                                 Conduct: 3.5 ( 4 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle 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 :

990705:  Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.
990830 :  Pre-service waiver for pre- DEP granted.
990901:  Pre-service waiver granted.
001211 :  Counseling: Advised of deficiencies in performance and conduct ( Suspected involvement surrounding the illegal use of controlled substance(s). Although neither charged nor implicated, Applicant is strongly cautioned against any illegal contact with controlled substances. It is of the utmost importance that Applicant understand s that the Marine Corps policy on drugs mandates that the illegal use of drugs will not be tolerated. Furthermore, Applicant is strongly cautioned against continuing/developing personal associations with those that may be involved in the illegal use or distribution of controlled substances. If Applicant feels that Applicant has a substance abuse problem help is needed immediately and is available through chain of command. ) N ecessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
001215:  NAVDRUGLAB, San Diego, CA, reported Applicant ’s urine sample, received 001206, tested positive for MDMA.

010206 :  Applicant notified of intended recommendation for discharge by reason of misconduct, specifically drug abuse with a characterization of service as under other than honorable conditions. The factual basis for this recommendation was wrongful use of Ecstacy (MDMA) as confirmed by NAVDRUGLAB msg date R 152028Z DEC 00 ZYB PSN 812636S26, Lab Batch # S0012096064 M514/06. Applicant fully aware of the Marine Corps policy on illegal drug use and willfully chose to violate that policy. To allow Applicant to remain in the active service of the Marine Corps would indicate an excessive tolerance of unacceptable behavior, belittle our Corps values, and would set a dangerous example to the Marines with which Applicant serve(s). Applicant informed the least favorable character of service possible was under other than honorable conditions.

010208 :  Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.
010404 :  Commanding Officer, 3 rd Light Armored Reconnaissance Battalion, 1 st Marine Division , MARFORPAC, MAGTFTC, Twentynine Palms, California, recommended to Commanding General, 1 st Marine Division that Applicant be discharge d by reason of misconduct, specifically drug abuse with a characterization of service as under other than honorable conditions . Commanding Officer’s comments: “Lance Corporal S_( Applicant ) wrongfully used Ecstacy (MDMA) as confirmed by NAVDRUGLAB msg date R 152028Z Dec 00 ZYB PSN 812636S26, Lab Batch # S0012096064 M514/06. I recommend that the characterization of service be under other than honorable conditions .”
010517:  Applicant found medically qualified for separation.

 010518:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct , specifically due to drug abuse, that such misconduct warranted separation, and recommended discharge under other than honorable conditions and that the discharge not be suspended .

010531 :  Commanding Officer, 3 rd Light Armored Reconnaissance Battalion, 1 st Marine Division, MARFORPAC, MAGTFTC, Twentynine Palms, California, recommended to Commanding General, 1 st Marine Division that Applicant be discharged by reason of misconduct, specifically drug abuse with a characterization of service as under other than honorable conditions.

010602 :  SJA review determined the case sufficient in law and fact.

 010627 :  GCMCA, Commander, 1 st Marine Division (Rein), Camp Pendleton, California , 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 20010629 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 states that he has “never been in any kind of trouble before or since this incident.” Despite a servicemember’s prior record of service, certain serious offenses, even though isolated, warrant separation from the naval service in order to maintain proper order and discipline. T he 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 Applicant had a full and fair opportunity to present his case to an Administrative Discharge Board. 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 NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces; therefore, NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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 outstanding 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. The Applicant provided several letters of reference from his instructors, evidence of educational pursuits and some evidence of non-involvement with his local civil authorities as documentation of post-service accomplishments. The Applicant's efforts need to be more encompassing than those provided. For example, the Applicant could have produced a verifiable employment record, documentation of community service, credible and comprehensive evidence of a drug free existence, and certification of non-involvement with state and/or federal civil authorities. At this time, the Applicant has not provided sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in the characterization of discharge. Therefore, no relief will be granted.

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

Similar Decisions

  • USMC | DRB | 2002_Marine | MD02-01144

    Original file (MD02-01144.rtf) Auto-classification: Denied

    MD02-01144 Applicant’s Request The application for discharge review, received 020807, requested that the characterization of service on the discharge be changed to general/under honorable conditions. After my seperation from the Marine Corps I received a letter from Senator W_ explaining his actions. 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 (C and D).Issue 1.

  • USMC | DRB | 2005_Marine | MD0501420

    Original file (MD0501420.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). After I told the men in my command that I had taken the drugs. The NDRB advises that there was no impropriety in his administrative separation for misconduct due to drug abuse, despite the evidence of record showing that the Applicant’s test result came back negative for controlled substances.

  • USMC | DRB | 2006_Marine | MD0600528

    Original file (MD0600528.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The characterization of service directed was Under Other Than Honorable Conditions. 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...

  • USMC | DRB | 2003_Marine | MD03-00852

    Original file (MD03-00852.rtf) Auto-classification: Denied

    MD03-00852 Applicant’s Request The application for discharge review was received on 20030409. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Upon receiving the test results, 1st Sgt.

  • USMC | DRB | 2005_Marine | MD0501038

    Original file (MD0501038.rtf) Auto-classification: Denied

    MD05-01038 Applicant’s Request The application for discharge review was received on 20050601. Whenever a Marine is involved in misconduct due to drug abuse, on the first offense, commanders shall process the Marine for administrative separation. The Applicant’s service record clearly documents that drug abuse was the reason he was discharged.

  • USMC | DRB | 2005_Marine | MD0501153

    Original file (MD0501153.rtf) Auto-classification: Denied

    MD05-01153 Applicant’s Request The application for discharge review was received on 200050628. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. By then it was too late, I had gone from being a meritorious Marine to facing an Other Than Honorable discharge from the United States Marine Corps, for one urinalysis failure.

  • NAVY | DRB | 2005_Navy | ND0501044

    Original file (ND0501044.rtf) Auto-classification: Denied

    The Applicant requests that his characterization of service received at the time of discharge be changed to honorable. I WAS TOLD THAT I COULD NOT LONGER SEE HER DURING CAPTAIN’S MAST AND A SUSPENDED BUST FOR 6 MONTHS AND FINED $1,000 FOR 2 MONTHS. Furthermore, both B_ E_ and her father verified the ongoing relationship in their statements and J_ A_ O_ provided 2 additional statements documenting the ongoing relationship between the Applicant and the lady whom he was ordered to stop seeing.

  • NAVY | DRB | 2004_Navy | ND04-01163

    Original file (ND04-01163.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/ under honorable conditions. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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.

  • USMC | DRB | 2006_Marine | MD0600325

    Original file (MD0600325.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Due to his unsatisfactory conduct and the positive results of his urinalysis test, I recommended that Lance Corporal J_ (Applicant) be discharged with a characterization of service as under other than honorable conditions.” 040105: SJA review determined the case sufficient in law and fact.040113: Commanding General, 1 st...

  • USMC | DRB | 2006_Marine | MD0600473

    Original file (MD0600473.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Now I ask that the country I love honor my service with an Honorable Discharge from the United States Marine Corps. PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USMCR (DEP) 20010216 - 20011126 COG Active: None Period of Service Under Review :Date of Enlistment: 20011127 Date of Discharge: 20031121 Length of...