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USMC | DRB | 2006_Marine | MD0600656
Original file (MD0600656.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD06-00656

Applicant’s Request
The application for discharge review was received on 20060412 . 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 20070118 . 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

 No decisional issues were submitted by the Applicant.

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






























PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19980630 - 19980720       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 19980721              Date of Discharge: 20020402

Length of Service (years, months, days):

 Active: 0 3 0 8 12 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 4 day s
         Confinement:              None

Age at Entry: 20

Years Contracted: 4

Education Level: 12                                 AFQT: 35

Highest Rank: Cpl                                    MOS: 0811

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 4 ( 8 )                                Conduct: 4 . 4 ( 8 )

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Sea Service Deployment Ribbon, Armed Forces Expeditionary Medal (USS PEAR HARBOR), Humanitarian Service Medal, Joint Meritorious Unit Award, Letter of Appreciation, Rifle Marksman Badge



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 :

980623 :  Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.

000722 :  NJP for violation of UCMJ, Article 86 : Unauthorized Absence on 000720, SNM w/o authority absent himself from his appointed place duty.
         Violation of UCMJ, Article 91 : Disrespect towards a Non Commissioned Officer.
 Violation of UCMJ, Article 134: On 000720 make a false statement to a Non Commissioned Officer about his intentions of going to his appointed place of duty.
         Award: Forfeiture of 7 days pay for $ 273. 00, restriction for 14 days. Not appealed.
010531 :  NAVDRUGLAB, San Diego, CA , reported Applicant’s urine sample, received 010525 , tested positive for THC .
010814 :  Counseling: Advised of deficiencies in performance and conduct ( Violation Article 112a UCMJ; wrongful use, possession of control substance with a Ngm level of (16) THC. Based on message 311835Z 0501 .), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010817:  Counseling: Advised of deficiencies in performance and conduct (Violation Article 92 UCMJ; failure to obey orders and regulations and violation. SNM received NJP 010817 for driving under the influence of alcohol with a blood alcohol level of (.08). On 010711 SNM was stopped for driving under the influence of alcohol by California Highway Patrol and was released to military authorities.) , necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010817:  Counseling: Advised of deficiencies in performance and conduct (Violation Article 90 & 115 UCMJ; willfully disobeying a superior commissioned officer and malingering.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010822:  NJP for violation of UCMJ, Article 92: Failure to obey order or regulation; on or about 010711, SNM got stopped by civilian authorities and was arrested for DUI.
         Award: Forfeiture of $ 691.00 per month for 2 month s , restriction and extra duty for 45 days, reduction to E- 3 . Not appealed.
010829:  Counseling: Advised of deficiencies in performance and conduct (Violation Article 123a, Uttering checks without sufficient funds.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010820 :  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of illegal drug use. The factual basis for this recommendation was the positive urinalysis. Applicant informed the least favorable character of service possible was under other than honorable conditions.

010820:   Applicant advised of rights and having elected not to consult with counsel, elected to appear before an Administrative Discharge Board.
010821:  Commanding Officer, recommended Applicant’s discharge with an under other than honorable conditions by reason of illegal drug use . The factual basis for this recommendation was positive drug urinalysis.

011114:  Waiver of Administrative Discharge Board from Applicant stating that after having a detailed defense counsel, Captain M_, Applicant voluntarily waived his right to a hearing before an Administrative discharge board.
011204 :  Commanding General directed the Applicant be discharged with under other than honorable conditions by reason of misconduct due to drug abuse.
020114:  Applicant to unauthorized absence at 0700 on 020103.

020122:  Applicant from unauthorized absence at 0700 on 020107 (4 days/surrendered).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020402 b y 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 Applicant presented documentation requesting a discharge characterization upgrade to honorable based on quality of service. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. Characterization of service as (under other than honorable conditions) 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 the award of nonjudicial punishment (NJP) on 2 occasions for violations of the Uniform Code of Military Justice (UCMJ). The Applicant’s misconduct included unauthorized absence, failure to obey orders and regulations, disrespect towards a Non Commissioned Officer, wrongful use, possession of a controlled substance and uttering checks without sufficient funds. The Applicant’s conduct, which forms the primary basis for determining the character of his service, falls below that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. Relief is therefore 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 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 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


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