Search Decisions

Decision Text

USMC | DRB | 2006_Marine | MD0600350
Original file (MD0600350.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. MD06-00350

Applicant ’s Request
The application for discharge review was received on 20051227 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable . The Applicant requested a personal appearance discharge review before a traveling panel closest to Chicago, IL. 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 National Capital Region. The Applicant did not designate a representative on the DD Form 293. Subsequent to the submission of the application, the Applicant indicated he would be represented by the American Legion.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 20070411. 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 - ISSUES AND DOCUMENTATION


Applicant’s Issues

1. (Equity Issue) This former member opines that his drug and alcohol dependence impaired his ability to serve and caused his violations of the UCMJ, Article 112a.

2. (Equity Issue) This former member further requests that the Board consider provisions of SECNAVINST 5420.174D, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant ’s DD Form 214 (2)
L tr from T_ S. W_, Jr., T_ W_ International, LTD, dtd November 30, 2005 (2 pages)
L tr from D_ D. h _, dtd November 28, 2005
 L tr from D_ H. N_, dtd November 29, 2005 (3 pages)
Seven pages from Applicant ’s service record
 Applicant ’s DD Form 214 for service from June 12, 1978 to June 10, 1981
Applicant ’s DD Form 214 f or service from September 25, 19 8 1 to September 24, 1984
Applicant ’s marriage certificate, dtd May 10, 2002
 Applicant ’s wife’s Certification of Ordination, dtd September 13, 2005
Certificate of Completion of Crusaders Ministries, dtd November 24, 2002
 Applicant ’s wife’s Certificate of Completion of Crusaders Ministries, dtd November 24, 2002
Ltr from J_ P_, Lakefront SRO, dtd December 30, 1998
Ltr from A_ S. W_, dtd February 14 , 1999
Ltr from T_ J_, Sudler and Company, dtd March 5, 1999
 Ltr from Bishop A. C. R_, Bethlehem Healing Temple Church, Inc., dtd March 22, 1999


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: US A      19780612 - 19810610       HON
                   USA      1981092 5 - 19840924       HON
         Inactive: USMCR (DEP)    19900406 - 19900604       COG
Period of Service Under Review :
Date of Enlistment: 19900605              Date of Discharge: 19910405

Length of Service (years, months, days):

 Active: 00 10 01
         Inactive: None

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

Age at Entry: 30

Years Contracted: 4
Education Level: 12                                 AFQT: 45

Highest Rank: PFC                                    MOS: 2500

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (3 )                                 Conduct: 4.0 ( 3 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Marksmanship Badge, N ational Defense Service Medal, Good Conduct Medal (USA), Overseas Service Ribbon(USA)


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
 UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Drug abuse (administrative discharge board required but waived), authority: MARCORSEPMAN 6210.5.
 Chronological Listing of Significant Service Events :

900405 :  Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.
901102 :  Medical evaluation at ER Hospital Twentynine Palms
         30 year old male present for counseling on cocaine addiction. Apparently he has been through rehab but this AM was overwhelmed by obsession to smoke crack - took his entire paycheck of $300 and spent it [unreadable] . Now both money and drugs are exhausted and pt wishes directions f or recovery.
          Assessment /Diagnosis: Cocaine abuse.
         Plan: Referred to Marine Corps Drug Rehabilitation.

910222:  NJP for violation of UCMJ, Article 112a: On or about 910115 did wrongfully use some amount of cocaine at StudCoB, ScolsBn, MCCES, MGAGCC.
         Award: Restriction for 60 days, reduction to E-1. Not appealed.

 910311 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was failu re to conform to the standards of the Marine Corps . Applicant informed the least favorable character of service possible was under other than honorable conditions.

910315 :  GCMCA, Commanding General, Marine Corps Air Ground Combat Center, Twentynine Palms, California , directed the Applicant 's discharge under other than honorable conditions by reason of misconduct, specifically, drug abuse.

910328:  Applicant evaluated by a medical officer and diagnosed as being drug or alcohol dependent. Applicant does not desire to enroll in the Veteran’s Administration Drug and Alcohol Program in conjunction with discharge. [Document submitted by Applicant.]

000110:  NDRB documentary record review Docket Number MD99-00523 conducted. Determination: Discharge proper and equitable; relief not warranted.

Service Record Book contains a partial Administrative Dischar ge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19910405 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).

Issue 1. The Applicant contends that his drug and alcohol dependence impaired his ability to serve and caused his violations of the UCMJ. The evidence of record shows that the Applicant was briefed on and certified understanding of the Marine Corps policy concerning illegal drugs. Despite the Applicant’s claim of addiction, 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. The evidence of record shows the Applicant used cocaine in November 1990 and January 1991. 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. Relief denied.

Issue 2. The Applicant requests the Board consider relief on the basis of post-service conduct. 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 may 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. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate and that the evidence of post-service conduct was found not to mitigate the conduct which precipitated the discharge. Relief denied.

The following is provided for the edification of the Applicant. The Applicant has exhausted his opportunities for review by the NDRB. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of Naval service, if he desires further review of his case.


Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6210, Misconduct , of the Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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 | MD0600723

    Original file (MD0600723.rtf) Auto-classification: Denied

    Applicant informed the least favorable character of service possible was as general (under honorable conditions). Separation under these conditions generally results in characterization of service under other than honorable conditions but in the Applicant’s case the Separation Authority directed a characterization of service of General (Under Honorable Conditions). You may view DoD Instruction 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil ” .The...

  • USMC | DRB | 2006_Marine | MD0600340

    Original file (MD0600340.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. 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.

  • NAVY | DRB | 2004 Marine | MD04-00864

    Original file (MD04-00864.rtf) Auto-classification: Denied

    MD04-00864 Applicant’s Request The application for discharge review was received on 20040427. _______________________________________________________________________ In accordance with 32 C.F.R., section 724.166 and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to this Applicant’s petition. The Applicant’s Representative states that “this Applicant is...

  • USMC | DRB | 2005_Marine | MD0501092

    Original file (MD0501092.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Issues, as stated Applicant’s issues, as stated on the application:“REQUEST TO HAVE MY RECORD UPGRADED IN ORDER TO RE JOIN THE MARINES. Applicant requested to be retained in the Marine Corps.

  • NAVY | DRB | 2004 Marine | MD04-00836

    Original file (MD04-00836.rtf) Auto-classification: Denied

    MD04-00836 Applicant’s Request The application for discharge review was received on 20040421. I have two requests from the discharge review board. (f) (1).As the representative, we ask that consideration be given to equitable relief, as this is also a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174C.

  • NAVY | DRB | 2006_Navy | ND0600359

    Original file (ND0600359.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). Recommend VA system treatment programs be made available to him after separation if he wishes to use them.900730: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to commission of a serious offense and misconduct due to drug abuse, that...

  • 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.

  • NAVY | DRB | 2006_Navy | ND0600783

    Original file (ND0600783.rtf) Auto-classification: Denied

    The Manual for courts-martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court martial for violation of the UCMJ, Article 112a (use of a controlled substance) and 83 (fraudulent enlistment).C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 205(2), Jurisdictional Limitations Authority for Review of Discharges . D....

  • USMC | DRB | 2006_Marine | MD0600422

    Original file (MD0600422.rtf) Auto-classification: Denied

    MD06-00422 Applicant’s Request The application for discharge review was received on 20060118. The discharge shall remain as a bad conduct discharge by reason of court-marital. Specification 1: Having knowledge of a lawful order issued by the Commanding Officer of the Marine Corps Communication-Electronics School, to wit: School Order 5370.4A, dated 950410, an order which it was his duty to obey, did on board Marine Corps Air Ground Combat Center, Twentynine Palms, California, on or about 9...

  • NAVY | DRB | 2001_Navy | ND01-00180

    Original file (ND01-00180.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Character Reference ltr from J_ R_, Constable, dtd Nov 1, 2000 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: None Period of Service Under Review :Date of Enlistment: 910228 Date of Discharge: 930111 Length of Service (years, months, days):Active: 01 04 08 Inactive: 00 06 05 MSSR (Applicant)...