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USMC | DRB | 2006_Marine | MD0600603
Original file (MD0600603.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. MD06-00603

Applicant’s Request
The application for discharge review was received on 20060328 . 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 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 - 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:
“ My name is R_ E_ (applicant) I served in the Marine Corps honorably for two years and six months. But I made a mistake, a mistake that I think about everyday and don’t plan ever forgeting it. This mistake has movitavated me to be the person I am and the person I will continue to be.

When I was in the Marines I loved it. I worked hard and played hard I did my job the best I could, and feel if it was not for the fact that I got together with the wrong crowd one night I would haved continued doing my job the best I could. But thats not what happened, I chose to go out that night I chose to break the law and the corps called me on my play. Do I hate what happened no, being caught in my actions has made me more of a man than I could have ever been than if I would not have been caught. It has focused me, it has taught me about the consequences of my actions and has shown me the true meaning of pride. I will continue to keeping this focus and pride in my life style and never plan on forgeting or living the way the Marines taught me to.

 So what do I do now, since I have moved back to the civilan lifestyle I have focused my life. I ha d to start all over from the start. I moved back home with my parents and got a job, I go to work everyday and keep my mouth shut with my chin up and my noise down. I worked for two years and was able to buy my first home. It was a bank repo and the house was a dump, together with my dad and uncle we have turned the house around and it is a nice home. My girlfriend is a full time student at South Western Michigan college and will be applying for a nurising program this fall. She or no one else know’s about my discharge. I dont want them to know I’m embarrassed. I still fly the American & Marine corp’s flag in front of my house, I love comming home to it. Outside of work I also go to college, it is a pain working 50 hours a week, and school three nights a week, but I will continue doing this so one day I will be able to give my family (That I do not have yet) everything that a family deserves. I feel that I am a honorable young man that wants the best for the one’s I love and the one’s that love me.
So the reason I am applying for this change in discharge is to move on. My past I will never forget and I will hold onto everything from it as a constant reminder. But the day will come for me that the diference in me getting the job of my dreams and the guy next to me, this will be brought out. Even if my outfit is ready for inspection and my school records are better and I still carry myself as a strong young educated millitary man, this one mistake will put me behind. So I ask you to please change my discharge to a General under Honorable conditions. Thank you for your time.
R_ D. E_ ( A pplicant)
( A pplicant’s social security number deleted)
 3 rd BN 7 th Mar 1 st platoon India Co.
[signed]
 ( A pplicant’s address deleted) ”
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)
Letter of Employment from J_ P. C_, Vice President of Manufacturing, K _ C _ , dtd March 2, 2006
Southwestern Michigan College registration confirmation, dtd December 2, 2005
Southwestern Michigan College registration permit, dtd December 2, 2005
Niles Police Department records check, dtd February 28, 2006

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19981130 - 19990919       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19990920              Date of Discharge: 20020822

Length of Service (years, months, days):

 Active: 0 2 11 0 3
         Inactive: None

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

Age at Entry: 18
Years Contracted: 4
Education Level: 12                                 AFQT: 37

Highest Rank: LCpl                                   MOS: 0311

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3. 9 ( 7)                                 Conduct: 4.0 ( 7 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Sharpshooter Badge, Pistol Marksman Badge, National Defense Service Medal, 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 :

981130 :  Pre-service waiver granted.
981113 :  Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.
010614:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the July and August promotion period because of board failure . Applicant chose not to make a statement.
011212:  Acknowledged understanding of eligibility but not recommended for promotion to Cpl for the January, February and March promotion period because of board failure. Applicant chose not to make a statement.

 011219:  Counseling: Advised of deficiencies in performance and conduct (Violation of a written base order and a verbal order by platoon commander by which applicant made a fire during Steel Knight. SNM willingly disobeyed a verbal order from platoon commander by which after being inspected and told not to take out the inside parts of the interceptor vest, SNM did so anyway ) . N ecessary corrective actions explained, sources of assistance provided.
020219:  NJP for violation of UCMJ, Article 92 : In that, LCpl E_ ( A pplicant), having knowledge of a lawful order issued by his Platoon Sergeant not to remove the internal parts of his flak/interceptor vest, an order which it was his duty to obey, did, at MCAGCC, Twentynine Palms, CA., on or about 020212, fail to obey the same by removing the internal parts of his flak/interceptor.
         Award: Forfeiture of $ 304.00 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal found in service record .
020501:  NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 020426, tested positive for cocaine.

 020513 :  NJP for violation of UCMJ, Article 112a: In that, LCpl E_ ( A pplicant), did, at an unknown location, on or about 020424, wrongfully use cocaine, a controlled substance.
         Award: Forfeiture of $ 619. 00 per month for 2 month s , restriction and extra duty for 45 days, reduction to E- 2 . Not appealed.

 020528:  Applicant refused M edical O fficer evaluation and substance abuse rehabilitation treatment .
020531 :  Counseling: Advised of deficiencies in performance and conduct ( Positive urinalysis of cocaine, as identified by NavDrugLab San Diego CA msg 0112155Z May 02 ). N ecessary corrective actions explained, sources of assistance provided, and advised being processed for administrative discharge action.
020703:  Applicant found medically qualified for separation.

020725 :  Applicant notified of intended recommendation for discharge by reason of misconduct due to drug abuse with a characterization of service as under other than honorable conditions . The basis of this recommendation was that on 020424 Applicant given NJP and found guilty of violating Article 112a. Applicant informed the least favorable character of service possible was under other than honorable conditions.

020725 :  Applicant advised of rights and having elected to consult with counsel , elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
0 20725 :  Commanding Officer, 3 d Battalion, 7 th Marine Regiment , recommended to Commanding General, 1 st Marine Division , via Commanding Officer, 7 th Marine Regiment, that the Applicant be discharge d by reason of misconduct due to illegal drug use with a characterization of service as under other than honorable conditions . Commanding Officer’s comments: The factual basis for this recommendation stems from Private First Class E_ (applicant)’s illegal use of illicit drugs. This command was notified via an administrative message dated 012155Z May 02 that Private First Class E_ had a positive result for the use of cocaine from a urinalysis screening. Private First Class E_ received Battalion NJP on 020523 for wrongful use of illegal drugs. Private First Class E_ has been well informed by his entire chain of command regarding the USMC policy on illegal drug use. He entered the Marine Corps under a drug waiver. This Marine understands that drug use is illegal and that drugs impair our ability to train and fight in combat, and impose a substantial threat to our fellow Marines and Sailors. He made a conscious decision to use illegal drugs and should be separated from the Marine Corps for his actions. ”

020813 :  SJA review determined the case sufficient in law and fact.

 020818 :  GCMCA, Commander, 1st Marine Division (Rein), directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020822 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, a violation of Article 112a of the UCMJ. 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. In addition to his nonjudicial punishment (NJP) for illegal drug use , the Applicant’s service was marred by 2 nonrecommendations for promotion, and an NJP for violation of Articles 92 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 Articles 92 and 112a are considered serious offenses and a punitive discharge is authorized if adjudged at a special or general court-martial. 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 submitted claims and documentation of good post-service conduct. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. Normally, to permit relief, a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, 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, is considered. 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 did not mitigate the misconduct that resulted in the characterization of discharge. Therefore, no relief will be granted.

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. 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 .


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

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