Search Decisions

Decision Text

USMC | DRB | 2006_Marine | MD0600560
Original file (MD0600560.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. MD06-00560

Applicant’s Request
The application for discharge review was received on 20060310 . 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 20070103 . 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

Decisional Issues :

Equity: Quality of service
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Statement from Applicant, dtd July 19, 2005
 L ist of References , dtd February 6, 2006
 Letter from Applicant , dtd February 13, 2006
 Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20001229 - 20011217       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20011218              Date of Discharge: 20050523

Length of Service (years, months, days):

 Active: 0 3 0 5 0 6 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              24 day s

Age at Entry: 18

Years Contracted: 5

Education Level: 12                                 AFQT: 46

Highest Rank: C PL                                    MOS: 6092 (Aircraft Mechanic)

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 5 ( 1 0)                       Conduct: 4 . 2 ( 1 0)
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Marine Corps Good Conduct Medal; Global War on Terrorism Service Medal; National Defense Service Medal, Navy Unit Commendation; Letter of Appreciation; Certificate of Appreciation (2); Meritorious Mast; Rifle Expert Badge (2 nd Award) .


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 :

001218:  Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.
001229:  Enlistment waiver granted for marijuana usage .
041020 :  NAVDRUGLAB, SAN DIEGO, CA , reported Applicant’s urine sample, received 041012 , tested positive for THC .
041122:  Director, Substance Abuse Counseling Center, MCAS Yuma, AZ Assessment and Recommendation: Drug Abuse Cannabis Abuse. His assessment does not seem to indicate dependence o f alcohol or other substances, other than making bad decision. This seems to be an isolated incident. Return to duty. Early Intervention, MAAC on 5 and 6 January 2005. Refer to 12 Step program. Potential for further productive service with recommended program: Good.

041215 :  Summary Court-Martial.
         Charge: violation of the UCMJ, Article 112A :
         Specification: In that Corporal B_ J. P_ (Applicant) U.S. Marine Corps, on active duty, did, at an unknown location, on or about 041004, wrongfully use marijuana.
         Finding: to Charge and the specification thereunder, guilty.
          Sentence: Forfeiture of $795.00 pay per month for 1 month, 30 days confinement, reduction to E-1.
          CA action 04121 5 : Sentence approved and ordered executed .
041216:  To confinement.

050109:  From confinement.

050328:  Counseling: Advised of deficiencies in performance and conduct (illegal drug involvement-marijuana), necessary corrective actions explained, advised that processed for administrative separation due to drug abuse is mandatory per par 6210.5 of MCO P1900.16F.

 050412 :  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 your conviction at a summary court-martial for illegal drug use while on active duty in the Marine Corps. Applicant informed the least favorable character of service possible was under other than honorable conditions

050412 :  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to include written statement in rebuttal to this proposed separation and to obtain copies of the documents used to support the basis for the separation.

050412:  VA Treatment Statement of Understanding.

 0 50413 :  Commanding Officer, MALS-13, MAG-13, 3D MAW, MCAS YUMA, AZ , recommended Applicant’s discharge under other than honorable conditions by reason of misconduct drug abuse .

undated :         SJA review determined the case sufficient in law and fact.
050427 :  Commanding General, Third Marine Aircraft Wing , directed the Applicant's under other than honorable conditions discharge by reason of misconduct due to drug abuse .

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050523 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).
Equity – Quality of service: The Applicant desires an upgrade, contending that “the offense does not fit the punishment due to past performance.”

Applicable regulations require that a member’s characterization of service be based upon the member’s total performance of duty and conduct during the current enlistment. However, there are circumstances where conduct or performance of duty reflected by a single adverse incident may form the basis of characterization for a member’s overall service. There is credible evidence in the record that the Applicant used illegal drugs. The Applicant was convicted by summary court-martial for violation of UCMJ Article 112a, wrongful use of marijuana . 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 was properly notified, processed and discharged under other than honorable conditions by reason of misconduct due to drug abuse. Based upon available records, nothing indicates that the Applicant’s discharge was in any way inconsistent with the standards of discipline in the U.S. Marine Corps. Therefore, the Board concluded that the Applicant’s discharge was proper and equitable as issued. 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 post-service accomplishments or any other evidence related to the discharge at that time. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. The Marine Corps Separation and Retirement Manual, (MCO P1900.16F, effective
01 Sep 2001 until Present, Paragraph 6210, MISCONDUCT.

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

Similar Decisions

  • USMC | DRB | 2001_Marine | MD01-01165

    Original file (MD01-01165.rtf) Auto-classification: Denied

    MD01-01165 Applicant’s Request The application for discharge review, received 010905, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing. CA 000000: Sentence approved and ordered executed except for the BCD.990823: To confinement, Sentence of SPCM.990825: Applicant notified of intended recommendation for discharge...

  • USMC | DRB | 2005_Marine | MD0500516

    Original file (MD0500516.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. After I was discharged I continued my contacts/friendships with some of the active duty Marines stationed at MCAS Yuma, AZ who advised me Marines being busted for marijuana were being allowed to remain in the Marine Corps. The Applicant contends that he is aware of “Marines being busted for marijuana… being allowed to stay in.” There is credible evidence in the record that the...

  • USMC | DRB | 2001_Marine | MD01-00886

    Original file (MD01-00886.rtf) Auto-classification: Denied

    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 (D and E).Issue 1. Separation for drug abuse under Other Than Honorable conditions was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.

  • USMC | DRB | 2003_Marine | MD03-00407

    Original file (MD03-00407.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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. [Assignment to the Weight Control Program (WCP) in accordance with MCO 6100.10, effective 930111.]

  • USMC | DRB | 2005_Marine | MD0500271

    Original file (MD0500271.rtf) Auto-classification: Denied

    MD05-00271 Applicant’s Request The application for discharge review was received on 20041129. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Letter from Applicant (3 pgs), undtd Statement in Support of Claim from Applicant (2 pgs), undtd Letter from Applicant dtd February 25, 2005 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive:...

  • USMC | DRB | 2005_Marine | MD0500849

    Original file (MD0500849.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. “Propriety or Equity Issue(s): The OTH discharge is inequitable in light of the Applicant’s generally honorable service.Statement: In accordance with 32 CFR § 724, and SECNAVINST 5420.174D, the Veterans of Foreign Wars submits to the Naval Discharge Review Board (NDRB) the above issue and following statement in supplement to the Applicant’s petition. The Applicant’s...

  • USMC | DRB | 2011_Marine | MD1102092

    Original file (MD1102092.rtf) Auto-classification: Denied

    ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Reenlistment/RE-code : Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Additionally, the NDRB has no...

  • USMC | DRB | 2006_Marine | MD0600943

    Original file (MD0600943.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Appeal denied 030512.030411: Counseling: Advised of deficiencies in performance and conduct (Violation of Article 86, unauthorized absence. ” 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...

  • USMC | DRB | 2005_Marine | MD0501226

    Original file (MD0501226.rtf) Auto-classification: Denied

    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:“Application for correction of military record under the provisions of title 10, U. S. code, section 1552 (5, 6) Application for the review of discharge from the Armed Forces of the Unites States (6):I, R_ E_ K_(Applicant), would like to request that my discharge determination of Other than Honorable be changed to a Medical...

  • USMC | DRB | 2001_Marine | MD01-00853

    Original file (MD01-00853.rtf) Auto-classification: Denied

    Documentation Only the applicant's service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider. It is in the best interests of the Marine Corps to separate SNM ASAP.”920427: Applicant notified of intended recommendation for discharge with a General characterization of service by reason of misconduct due to drug abuse as evidenced by positive urinalysis for cocaine.920429: Applicant advised of his rights and having consulted...