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USMC | DRB | 2006_Marine | MD0600527
Original file (MD0600527.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. MD06-00527

Applicant ’s Request
The application for discharge review was received on 20060228 . 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 20061214 . 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.
The NDRB did note administrative error(s) on the original DD Form 214. Block 24, Character of Service, should read: “UNDER OTHER THAN HONORABLE CONDITIONS, ” and Block 28, Narrative Reason for Separation, should read: “ MISCONDUCT .” The Commandant, Headquarters USMC, Quantico, VA, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.


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:
“ It has been nearly 9 years since my discharge from the Marine Corp. And I must say not a day goes by that I wonder how my life would be if I had made better decisions, or should I say different decisions, if I was, maybe, I bit more smarter or more aware of position in life at that time. I mainly request a change in discharge because I want to speak about my military life without feeling ashamed. I am very proud to have served my country and I realize, at this point of my life, how immature and irresponsible I was. It has been quite a journey to realize how I was. I’m am now a happily married man w/two wonderful children. I also have been working very hard to provide for my family, over the last 8 years, with at least two jobs. I also have been taking college courses on and off over those years. Recently, I have taken and completed a one year course of anger management in order to learn more about myself internally because I believe my anger was the core of my problems which, I believe, caused my drug and alcohol use as well as self destruction at my early age and my time in the Marine Corp as well. The classes have done alot for me and I realize that I still have a long way to go, but I’m finally, I think for the first time, going the right way. I’m also proud to say that I have been drug free for almost 4 years. I thank my family for that. In closing I just want to say the reason I’m doing this now is for closure. I would hopefull like to know that this portion of my life will end on a good note. I thank you for your time in looking into my request for a change of discharge.
Sincerely,
J_ D_ A_ ( Applicant )
My average conduct and efficiency ratings/behavior and proficiency marks were good [or pretty good].

I received awards and decorations.

I received letters of recommendation.

My record of promotions showed I was generally a good service member.

There were other acts of merit.

I have been a good citizen since discharge.

My record of NJPs/Article 15s indicates only isolated or minor offenses.

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

Personal problems impaired my ability to serve. ”

 Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Applicant ’s DD Form 214
 Job/Character Reference letter from C_ S_, Operations Officer, Bank of S _ , dtd February 15, 2006
 Character Reference ltr from J_ O_, Manager, Angels 5 Theatre, dtd February 15, 2006
Letter of completion from Higher Road Counseling Center, Domestic Violence Batterers’ Intervention Program, dtd April 21, 2005
Character Reference ltr from G_ L_, Applicant’s spouse, dtd February 16, 2006

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19950310 - 19951023       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19951024              Date of Discharge: 19970521

Length of Service (years, months, days):

 Active: 01 06 28
         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: PFC                                    MOS: 0811

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.7 ( 6 )                                 Conduct: 3.6 ( 6 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Expert Badge, National Defense Service Medal, Letter of Appreciation, Sea Service Deployment Ribbon


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 :

950308:  Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.
950310:  Pre-service waiver for pre - service illegal use of drugs granted.

951025 :  Pre-service waiver for serious offense(s) granted.
960924:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of Oct 1996 Promotion period because of lack of maturity. Applicant chose not to make a statement.

 960926:  NJP for violation of UCMJ, Article 92: In that PFC A_, J. A. (Applicant), having knowledge of lawful order issued by Commanding General, MCB, Japan, to wit: MARCORBASESJAO 1700.1 dtd 951222, an order which it was his duty to obey, did at Club Pyramids, Okinawa City, on or about 0026, 960921, fail to obey the same by wrongfully consuming alcohol under age.
         Award: Forfeiture of $ 228.0 0 per month for 1 month, restriction and extra duty for 14 days. Not appealed.
961015:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of November 1996 because of recent NJP. Applicant chose not to make a statement.
961217:  Applicant evaluated by Medical Officer per command referral. Diagnosis: Alcohol Dependence, DSM IV: 303.90 and Drug Abuse.
         [Extracted from Director, Substance Abuse Counseling Center ltr , dtd 970319.]

961223:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of January 1997 promotion period because of lack of responsibility. Applicant chose not to make a statement.

 970203:  Applicant admitted to Level III intensive inpatient alcoholism rehabilitation program at Tripler Army Medical Center, HI . Principal diagnosis: Alcohol dependence.
 [Extracted from Discharge Summary Note, dtd 970303.]

970204:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of February 1997 promotion period because of NJP. Applicant chose not to make a statement.

 970211:  NAVDRUGLAB, San Diego, CA, reported Applicant ’s urine sample, received 970131, tested positive for THC.

 970303:  Applicant discharged from Level III intensive inpatient alcoholism rehabilitation program at Tripler Army Medical Center, HI, as program failure. R_ E. W_, Staff Physician, Physician Discharge Note: This patient has not successfully completed an intensive inpatient alcoholism rehabilitation program consisting of medical assessment, individual and group counseling, education, and an intensive introduction to Alcoholics Anonymous. During his third week, the patient was placed on probation for lack of motivation/willingness to change for sobriety. While on probation, the patient continued to show minimal interest in program (ie. late to AA mtgs). He is being discharged back to his command as a program failure.

970318:  NJP for violation of UCMJ, Article 112a: Sometime during the month of Jan 97, (Los Angeles, CA), wrongfully use marijuana, to wit: results of urine sample msg dtd 112337Z Feb 97 form NAVDRUGLAB San Diego, CA.
         Award: Forfeiture of $ 45 0 .00 p er month for 2 month s , restriction and extra duty for 45 days, reduction to E- 1 . Not appealed.
970319:  Counseling: Advised of deficiencies in performance and conduct (Misconduct due to violation of Articles 112a, UCMJ. Resulting in Bn NJP held on 970318 ). N ecessary corrective actions explained, sources of assistance provided, and advised being processed for administrative discharge action.
970319:  Director, S ubstance Abuse Counseling Center provides command with Applicant’s diagnosis on 961217 A lcohol D ependen ce and D rug A buse . Recommends that Applicant be processed for separation. Recommends 1 AA/NA meeting and 1 SACO visit per week until discharge.

970319:  Applicant briefed on VA benefits as they pertain to drug treatment and provided with the address of Veterans Administration Hospital nearest to home of record. Applicant acknowledged understanding of benefits and requested VA drug and alcohol rehabilitation in conjunction with discharge.

970401 :  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse . The basis for this recommendation is wrongful use of marijuana.

970401 :  Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.
970401 :  Commanding Officer, 1 st Battalion (Rein), 12 th Marine Regiment recommended to Commanding General, Marine Corps Base Hawaii via Commanding Officer, 3d Marine Regiment (Rein) that the Applicant be discharge d under other than honorable conditions by reason of misconduct due to drug abuse . The factual basis for this recommendation was wrongful use of marijuana. Commanding Officer’s comments: “ The respondent’s actions clearly indicates unsuitability for future military service; therefore, I recommend that the respondent be expeditiously discharged. ”
970402:  Medical evaluation at PH Mental Health Clinic by LT I. S_, MSC, USNR, Clinical Psychologist .
          Clinic Note: 20 year old male AD, Private USMC (Applicant) came 60 minutes late for appointment and completed questionnaire. He reported that he had a PRT this morning and could not make the appointment time. He failed level III treatment for alcohol dependence and was facing administrative separation for positive UA for use of marijuana, which SNM denied using. He was able to contract for safety and reported that he would contact a medical provider if he felt suicidal or homicidal. No evidence of psychotic or delusional thought process. Pt reported that is would be more convenient to attend counseling at MCBH, and new appointment, slot scheduled with Dr. W_ at MCBH at 1000 on 970410. Pt encouraged to refrain from alcohol use and attend daily AA meetings. Case discussed with Dr. W_.

9 70410:  Commanding Officer, 3 rd Marine Regiment (Rein), recommends that the Applicant be discharged by reason of misconduct due to drug abuse with a characterization of service as other than honorable conditions.

 97041 6 :  Medical evaluation at PH Mental Health Clinic by LT M. W_, MSC, USNR :
         Problem list:
         AXIS I Alcohol dependence, early full remission
          Cannabis abuse
          Occupational problem
         History of polysubstance abuse
         AXIS II: Personality disorder with borderline and antisocial personality features.
         AXIS III: History of asthma.
         The patient is not currently suicidal, homicidal, or psychotic, and is responsible for own actions.
         Plan:
         Return to clinic for follow up: 970501 at 0800 at K-Bay Mental Health Department. Member is psychiatrically fit for return to full duty to wait pending admin board for positive UDS. Member is not suitable for retention due to incompatibility with military service and personality disorder.
         Member has requested personal/supportive therapy while he awaits disciplinary action, which is deemed appropriate and should be supported by the member’s command. Return to clinic as scheduled.
          Member’s suicidal risk will remain low, as long as he maintains contact with support group of AA and friends, and abstains from alcohol and/or drug use. The member has agreed to continue to attend AA daily, and will continue to utilize support from AA community, including his sponsor. The member has agreed to contact myself or his chain of command if his feelings change, and prior to acting on any suicidal ideations.
         Continue with outpatient psy c hotherapy .
         Patient understands and agrees.
         Contact this provider PRN .
         These r ecommendation s have been forwarded to Dr. B_, the referring provider.

970428:  Applicant , having consulted with counsel, submitted unconditional waiver of administrative discharge board.

970429 :  SJA review determined the case sufficient in law and fact.

 970430:  NJP for violation of UCMJ, Article 121: Sometime during 2000, 970422 and 1300, 970424, (MCBH Bldg #1656 Mr. : 110), wrongfully appropriate LCpl W _ ’ s POV without permission .
 Violation of UCMJ, Article 134: Sometime during 2000, 970422 and 1300, 970424, (MCBH Bldg #1656 Mr. : 110), did wrongfully break restriction ordered by the Bn CO on 970318 by going to the Bank.
Violation of UCMJ, Article 134: Sometime from 2000, 970422 and 1300, 970424, (MCBH); wrongfully operate a motor vehicle without a valid drivers license.
         Award: R estriction and extra duty for 45 days. Not appealed.
970501 :  GCMCA, Commanding General, Marine Corps Base Hawaii , directed the Applicant 's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

970506:  Applicant found medically qualified for separation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970521 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).

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. T he Applicant’s service was marred by failing an inpatient alcoholism treatment program, 4 non-recommendations for promotion to Lance Corporal, 3 nonjudicial punishment proceedings for violations of Articles 92, 112a, 121 and 134 of the UCMJ. The NDRB advises the Applicant that certain serious offenses warrant separation from the Navy in order to maintain proper order and discipline. Violations of Article 92, 112a and 121 are considered serious offenses and a punitive discharge is authorized if adjudged at a special or general court-martial. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflect ed his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.
The Applicant’s discharge characterization accurately reflects his service to this country. Normally, to permit relief, a procedural impropriety or inequity must have existed during the period of enlistment in question. No impropriety or inequity occurred during the Applicant’s enlistment. Additionally, 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. However, 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. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post- service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, as examples of verifiable documentation that should have been provided to receive consideration for relief, based on post-service conduct. The Board determined that the documentation provided by the Applicant was not sufficient to mitigate the misconduct that resulted in the characterization of discharge. Relief not warranted.
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 Mr. 309
                   Washington Navy Yard DC 20374-5023

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