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


FOR OFFICIAL USE ONLY


ex-Pvt, USMC
Docket No. MD06-00493

Applicant’s Request

The application for discharge review was received on 20060214 . 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 20061130 . 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 ization of the discharge shall not change. The discharge shall remain Under Other Than Honorable Conditions by reason of misconduct due to drug abuse.

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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:

“ Request discharge be upgraded to under honorable conditions-my statement/explanation is attached. ”

“Let me begin by saying, My objective, When I enlisted in the Marine Corps was to find an institute of higher learning. I wanted to be challenged mentally and physically, and to be part of something important. This was very special to me to do and I wanted to be the best that I could.
When I was a kid I looked up to my grandfathers the most. They were the most important role models to me ever since I was old enough to understand about life. Both of them served In the United States Military. The U.S. Navy during WWII, and The U.S. Army during the Korean War. Well when I was still young, within five years, both of them passed away from cancer. Ever since, I have always wanted to do something that if they were still here they would be proud of.
The Marine Corps was more than I could ask for as far as the challenges. After Recruit Training I felt that what I had gotten myself into wasn’t at all what I was expecting. I failed to adapt to my job, 0311 Basic Infantry. I was young and I got so overwhelmed by everything that was going on I wasn’t thinking straight. I realize that I ruined what I had worked so hard to achieve. I would do anything to get myself back into the service, I am truly dedicated and I just need another chance to prove myself.
If I didn’t want to be a Marine I could have quit in the first week of training. Honestly there was nothing that I wanted more than to be a Marine, and to serve my country. When I got to the Fleet Marine Force, and my permanent Duty Station, I gave my all just like I had done before. But I began to realize that I wanted to do so much more. Mentally I was not adapting to my job. And this was not good for me or The Marine Corps.
When I tried asking for help, I was told that there was nothing that I could do until after two years with my job. I think that I may have insulted someone by asking but that is just how I felt.. I could not go on without the right mindset. It would not have been good for The Marine Corps or myself. The people that I was working with needed to be able to count on me in any situation and I did not feel that at the time that I could give them that.
I honestly felt that I was thrown to the curb, in a matter of words. My needs or problems were not addressed. I was just told to return to my unit and that I better Get with the program. I want to refer back to the fact that at this time I was only 19 years old and it was very hard for me to deal with this mentally and emotionally. After this happened I felt as if I had been disconnected with The Marine Corps, word got around with my peers that I didn’t want to be there and a lot of them started treating me different.
My biggest mistake, I guess not requesting mast. After I became disconnected everything happened so fast, I started doing things that I normally would not do. My very short A.W.O.L.. refer to my N.J.P. I guess was like my cry for help which seemed like was never answered. I know the bottom line was I choose my actions, and that is one of the hardest things for me to deal with. Even to this day I can’t stop thinking about my actions and how I regret what I did. Words cannot express my will to want to make all of this right, and I am willing to do whatever necessary to achieve this.
I did these things only! To be separated from my duties. Please excuse my ignorance in these matters, as if you have read the details surrounding my case that in the matter of my N.J.P. proceedings for unauthorized absence. I never asked for counsel. Had I been in sound mind I would have tried to fight the charge. After this my courage was broken. I didn’t know what to do, please know that I did want to be a Marine though, I always had. My drug use was only, simply to force The Marine Corps to discharge me.
I did not get any satisfaction in using the drugs. Yes, I was entered into The Marine Corps on a drug waiver. Please note that the use then was only experimental when I was a teenager, I have never had drug abuse problems. I was being honest when I first entered The Marine Corps with telling about my experimental use, because I have integrity.
At the time of my usage while in The Marine Corps, I did not now what to do, at this point I was just trying to find a way out because I had given up on myself. This is not at all what I really wanted though. All that I had worked for seemed to me, to be lost. I felt that if I got out that I could start over again. The harsh reality was that I let myself and everyone around me down and I did not know what else to do.
I do not know how else, it is hard for me to explain how I felt about the reasons surrounding my failure to adapt to my job. I was young and young minded, I did not want to put others or myself in jeopardy because my mind wasn’t in the right place.

To plead my case with my failure to adapt to my job. Please refer to the facts that my superiors thought of me as an outstanding Marine and only after I began failing did I become an unsatisfactory soldier. I am a patriot, all I want is another chance to serve my country honorably. Please take all of this into consideration when deciding the outcome of all of this, just know that my heart is true to

God, To Core, To Country.

YOURS TRULY,
[signed]
D_, J_ M. (applicant)
(Applicant’s social security number deleted)”

Documentation

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

Letter from B_ M. M_, Youth Court Coordinator, dtd February 20, 2002
Employment Reference ltr from R_ D_
Character Reference Statement from C_ N_, dtd January 6, 2006
Applicant’s DD Form 214 (Service 2)
Excerpt from Service Record (1 pages)
Applicant’s DD Form 214 (Service 1)
Applicant’s DD Form 214 (Member 4)

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PART II - SUMMARY OF SERVICE

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

         Ina ctive: USMCR  unk - 19980608   ELS
         Inactive: USMCR (DEP)    19981130 - 19990214      COG


Period of Service Under Review :

Date of Enlistment: 19 981215              Date of Discharge: 20000114

Length of Service (years, months, days):

Active: 01 01 00 (Does not exclude lost time.)
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: 4 day s
         Confinement:              23 day s

Age at Entry: 1 9

Years Contracted: 4

Education Level: 1 1                                  AFQT: 78

Highest Rank: Pvt                                    MOS: 0311

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency: 3 . 5 ( 4 )                       Conduct: 3 . 2 ( 4 )

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

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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 :

981128 :  Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.

981130:  RS waiver granted for MGD.

990610:  NJP for violation of UCMJ, Article 86: Unauthorized Absence. To UA 0630, 990528 Fr UA 1213, 990602.
         Award: Forfeiture of $223.00 pay per month for 1 month (suspended for 6 months), restriction and extra duty for 14 days. Not appealed.

990804 :  NAVDRUGLAB, JACKSONVILLE, FL reported Applicant’s urine sample, received 990726, tested positive for Cocaine and THC .

990825:  Counseling: Advised of deficiencies in performance and conduct (Concerning my illegal drug involvement, Cocaine/THC usage identified through urinalysis confirmed by Nav Drug Lab JAXFL msg 042112Z Aug 99), necessary corrective actions explained, sources of assistance provided .

990826 :  Summary Court-Martial.
         Charge: violation of the UCMJ, Article 112a :
         Specification: Wrongfully use cocaine and THC.
         Finding: to Charge and the specification thereunder, guilty.
         Sentence: Forfeiture of $639.00, 30 days confinement.
         CA action 990826: Sentence approved and ordered executed.

990914:  Substance Abuse Report: The diagnosis was Drug Abuse (Isolated Incident). Recommendations: The service member should be held accountable for his actions. Recommended service member be processed for administrative separation. The member denied chronic or habitual use of controlled substances.

991012 :  Applicant notified of intended recommendation for discharge as under other than honorable conditions by reason of misconduct due to drug abuse. Applicant informed the least favorable character of service possible was under other than honorable conditions.

991012 :  Applicant advised of rights and having elected not to consult wi th counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

991012 :  Commanding Officer recommended Applicant’s discharge under other than honorable conditions by reason of misconduct due to drug abuse . This action is based upon the respondent’s incident of illegal drug use as identified in NAVDRUGLAB JACKSONVILLE FL msg 042112Z Aug 99.

991215 :  SJA review determined the case sufficient in law and fact.

991220 :  GCMCA, Commanding General, 2d Marine Division, II Marine Expeditionary Force directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse .

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PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000114 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 go vernmental affairs (D).

The Applicant requests upgrade of his discharge from an under other than honorable conditions characterization to general (under honorable conditions). Certain serious offenses, even though isolated, warrant separation from the Marine Corps 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 allegations, that he was denied assistance and counseling for his personal problems, do not refute the presumption of regularity in this case. 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 Applicant provides evidence of post service accomplishments in support of his request for upgrade. 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 the service. The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. 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 sufficient to mitigate the conduct, which precipitated the discharge. Relief denied.

The Applicant requested an opportunity to reenter the Marine Corps. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces. 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 .

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