Search Decisions

Decision Text

USMC | DRB | 2006_Marine | MD0600579
Original file (MD0600579.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD06-00579

Applicant’s Request
The application for discharge review was received on 20060320 . 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 2007010 3 . 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 a pattern of misconduct.
The NDRB did note administrative error(s) on the original DD Form 214. Block 2 6 , Separation Code , should read: “ HKA 1 .” 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 - ISSUES AND DOCUMENTATION


Decisional Issues

Equity: Infractions did not warrant under other than honorable characterization of service.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)
Excerpts from Service Record (5 pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20010827 - 20011218       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20011219              Date of Discharge: 20050323

Length of Service (years, months, days):

 Active: 0 3 0 3 0 5
         Inactive: None

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

Age at Entry: 18

Years Contracted: 4

Education Level: 12                                 AFQT: 52

Highest Rank: PFC                                    MOS: 0341

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3 . 8 ( 7 )                        Conduct: 3 . 7 ( 7 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Combat Action Ribbon (Iraq), Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Sea Service Deployment Ribbon, National Defense Service Medal, Presidential Unit Citation-Navy, Meritorious Mast, Rifle Qualification Badge (Expert)


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

0 21126 :  NJP for violation of UCMJ, Article 112a : Did, on or about 021114, at an unknown location, wrongfully use a controlled substance, to wit: cocaine.
         Award: Forfeiture of $ 552. 00 pay per month for 2 month s (suspended for 6 months) , restriction and extra duty for 28 days, reduction to E- 1 . Not appealed.
0 21204 :  Counseling: Advised of deficiencies in performance and conduct ( illegal drug involvement, Cocaine usage identified through urinalysis confirmed by Naval Drug Lab JAXFL msg R201638Z Nov02 ), necessary corrective actions explained.
0 31006 :  Counseling: Advised of deficiencies in performance and conduct ( SNM failed to obey the posted speed limit and was driving on a suspended license ), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
0 31111 :  SJA review determined the case sufficient in law and fact.
031113:  GCMCA directed the Applicant's under other than honorable conditions discharge by reason of misconduct due to drug abuse but suspended the discharge for 12 months.

031114:  Page 11 entry: Administrative separation with an other than honorable characterization of service by reason of misconduct due to drug abuse approved by CG, 2dMarDiv, on 031113. Separation suspended for a period of 12 months from the date of this endorsement. SNM remains eligible for discharge under honorable conditions at end of enlistment providing SNM refrains from further misconduct during period of suspension and meets the appropriate standards of conduct and performance. If during suspension, further grounds for separation arise o r SNM fails to meet appropriate standards of conduct and performance, immediately notify the SJA, 2dMarDiv, Camp Lejeune, NC to initiate vacation proceedings.
041022:  Medical evaluation by Division Psychiatrist, 2d Marine Division:
 Member diagnosed with Personality Disorder, Not Otherwise Specified, with Cluster B Features. The member is not mentally ill and is responsible for his behavior. However, this member does manifest a long-standing disorder of character and behavior, which is of such severity as to interfere with his ability to function effectively in the military environment. Although not imminently suicidal or homicidal, the member nonetheless poses an immediate danger to himself and would negatively impact unit effectiveness and morale if retained in military service. The personality disorder existed prior to enlistment and will continue beyond military discharge. It is strongly recommended that a 6105 entry be waived and that the member be processed expeditiously for an administrative discharge in accordance with MARCORSEPMAN paragraph 6203.3 by reason of unsuitability.
041117:  NJP for violation of UCMJ, Article 86: Did, on or about 041101, fail to go at the time prescribed to morning formation.
 Violation of UCMJ Article 92: Did, on or about 041026, violate Regt Order 11000.1 by possessing hard liquor in his BEQ room.
          Award: Forfeiture of $278.00 pay per month for 1 month, restriction and extra duty for 14 days . Not appealed.
050124:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of personality disorder and pattern of misconduct. The factual basis for this recommendation was Applicant’s page 11 entry and nonjudicial punishment. Applicant informed the least favorable character of service possible was under other than honorable conditions.

050124:  Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

050124:  Commanding Officer , Headquarters Company, Regimental Combat Team-2, recommended Applicant’s discharge under other than honorable conditions by reason of personality disorder and pattern of misconduct. The primary basis for separation is for pattern of misconduct. Commanding Officer’s comments: “On 041022 [Applicant] was evaluated by the Division Psychiatrist and diagnosed with personality disorder. His deficient performance with the Regimental Training Center has continuously consumed command attention, resources and time. [Applicant’s] behavior, as demonstrated by the use of illegal narcotics, frequent hostility and his more recent suicide attempt, has negatively affected his working environment. His lack of desire for continued military service, and the potential danger that he poses to himself as well as others, requires the decision to administratively separate [Applicant] from the Marine Corps. ”

050210:  Commanding Officer, Regim enta l Combat Team-2 , recommend ed the Applicant for separation under other than honorable conditions. Commanding Officer’s comments: “Despite being given an opportunity to complete his enlistment in an honorable fashion after his illegal drug use, [Applicant] has continued to display an obvious disregard for authority and the rules and regulations of the U.S. Marine Corps, therefore, I believe that it is in the best interests of the U.S. Marine Corps to separate him with an other than honorable characterization of service. ”

0 50316 :  SJA review determined the case sufficient in law and fact.
0 50321 :  GCMCA, Commander , 2d Marine Division (Rear), directed the Applicant's discharge under other than honorable conditions by reason of convenience of the government due to personality disorder and misconduct due to pattern of misconduct . For the reporting purposes only, misconduct due to pattern of misconduct is designated as the primary basis for the separation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050323 by reason of misconduct due to a pattern of misconduct (A and B) 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 (C and D).

The Applicant implies that his discharge is inequitable because, subsequent to his discharge directed on 20031113, which was suspended, he committed only minor infractions of the UCMJ. An under other than honorable conditions discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s service was marred by a retention warning and nonjudicial punishment proceedings for driving under a suspended license, speeding and violations of Articles 86, 92 and 112a of the UCMJ. Violations of Articles 92 and 112a of the UCMJ are serious offenses. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the Marine Corps and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

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 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 should 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. As of this time, the Applicant has not provided any post-service documentation to consider mitigating the misconduct that resulted in the characterization of discharge. 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. 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 P1900.16F), effective 01 Sep 2001 until Present.

B. 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 92, disobey order/regulation or Article 112a, wrongful use of a controlled substance.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

D. 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 | 2001_Marine | MD01-00968

    Original file (MD01-00968.rtf) Auto-classification: Denied

    The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:None PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USMC None Inactive: USMCR(J) 850618 - 860112 COG Period of Service Under Review :Date of Enlistment: 860113...

  • USMC | DRB | 2006_Marine | MD0600761

    Original file (MD0600761.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). ], Necessary corrective actions explained, sources of assistance provided, and discharge warning issued .050606: Commanding Officer, Combat Service Support Battalion-1 recommended that the Applicant be discharged under other than honorable characterization by reason of misconduct due to a pattern of misconduct.050630: NJP for violation of...

  • USMC | DRB | 2006_Marine | MD0600848

    Original file (MD0600848.rtf) Auto-classification: Denied

    Documentation In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 4)Character Reference ltr from Y_ L. B_, Applicant’s wife, dated May 26, 2006 Six pages from Applicant’s medical recordApplicant’s sisters’ obituary PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USMCR (DEP) 19990625 - 19990919 COG Active: None Period of Service...

  • USMC | DRB | 2006_Marine | MD0600431

    Original file (MD0600431.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Character, Narrative Reason, and Authority of Discharge (at time of issuance):GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. I recommend that Lance Corporal F_ be separated with a General discharge with honorable characterization of service.

  • USMC | DRB | 2002_Marine | MD02-00756

    Original file (MD02-00756.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION I M_ S. S_, would like the Board to review my discharge from the Marine Corps. At this time, the Applicant has not provided such documentation for the Board to consider.

  • USMC | DRB | 2005_Marine | MD0501227

    Original file (MD0501227.rtf) Auto-classification: Denied

    This packet also includes veteran’ statement, Mental Health Outpatient notes and letters from commanding officer of the Department of the Navy and the United States Marine Corp. This letter’s statements on Mr. K_(Applicant)’s personality disorder does not Include his diagnosis of Dysthimic Disorder which was diagnosed at the Mental Health Outpatient clinic at the Naval Hospital at Camp Lejeune, N.C. and does not include the fact that Mr. K_(Applicant) was seeking help as early as October of...

  • USMC | DRB | 2006_Marine | MD0600542

    Original file (MD0600542.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). Applicant chose not to make a statement.961120: NJP for violation of UCMJ, Article 92: Specification: In that SNM (Applicant), did, on or about 961111, at 0400, violate a written order, to wit: MCO 1020.34F, in that he returned to base with an earring in his ear. The basis for this recommendation is [Applicant’s] discreditable involvement...

  • USMC | DRB | 2005_Marine | MD0501381

    Original file (MD0501381.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION The infractions cited in the commanding officer’s recommendation occurred prior to corrective actions and did not warrant admin separation until my enlistment was due to expire.”Additional issues submitted by Applicant’s representative: “Issue 1: Whether applicant received a fair & impartial hearing on discharge by not having the recommendations of his superior officers, whom had direct knowledge of his military ethics & bearing, considered...

  • USMC | DRB | 2000_Marine | MD00-00446

    Original file (MD00-00446.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION 911120: GCMCA [Commanding General] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. 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).In the applicant’s issues 1 and 2, the Board found that the applicant had a civil conviction of a DUI, an...

  • USMC | DRB | 2006_Marine | MD0600558

    Original file (MD0600558.rtf) Auto-classification: Denied

    Not appealed.970709: Forfeiture of pay and reduction in pay grade awarded at NJP vacated due to continued misconduct.970709: NJP for violation of UCMJ, Article 86: UA from 1630, 970522 to 0700, 970528.Violation of UCMJ, Article 107: Dismissed. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Marine Corps and falls far short of that required for an upgrade...