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USMC | DRB | 2006_Marine | MD0600658
Original file (MD0600658.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. MD06-00658

Applicant ’s Request
The application for discharge review was received on 20060410 . The Applicant requests that 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 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 - ISSUES AND DOCUMENTATION


Decisional Issues
No decisional issues were submitted by the Applicant .
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 1 and 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20020124 - 20020128       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20020129              Date of Discharge: 20050616

Length of Service (years, months, days):

 Active: 03 04 18
         Inactive: None

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

Age at Entry: 19

Years Contracted: 4
Education Level: 12                                 AFQT: 37

Highest Rank: Cpl                                    MOS: 3381 (Food Service Specialist)

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (7 )                                 Conduct: 4.1 ( 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, National Defense Service Medal, Global War on Terrorism Expeditionary Medal (Iraq) , Sea Service Deployment Ribbon, Presidential Unit Citation-Navy, Certificate of Commendation (2), Rifle Qual ification Badge (Expert 2d Awd)








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 :

020122 :  Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.
040416:  Counseling: Advised of deficiencies in performance and conduct ( Article 92 for failing to obey an order issued by field mess SNCOIC. ), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
050120:  NAVDRUGLAB, Jacksonville, FL, reported Applicant ’s urine sample, received 050113, tested positive for THC.

 050126 :  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
         Specification: Wrongfully use marijuana, a controlled substance.
         Award: Forfeiture of $ 773.00 per month for 2 month s , restriction and extra duty for 45 days, reduction to E- 3 . Forfeiture of $773.00 for 1 month suspended for 6 months. Not appealed.

 050131 :  Applicant notified of intended recommendation for discharge as under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation: Battalion nonjudicial punishment for violation of Article 112a, wrongful use of a controlled substance, specifically marijuana. Applicant informed the least favorable character of service possible was under other than honorable conditions.

0502XX :  Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.
050512 :  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse , that such misconduct warranted separation, and recommended discharge under other than honorable conditions.

050524 :  Commanding Officer recommended Applicant ’s discharge under other than honorable conditions by reason of misconduct due to drug abuse .
050526 :  SJA review determined the case sufficient in law and fact.

 050609 :  GCMCA, 2d Marine Division (Rear) , II Marine Expeditionary Force , 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 20050616 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 Applicant introduced no decisional issues for consideration by the Board.
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. 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.

When the service of a member of the U.S. Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable. 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 1 retention warning and a nonjudicial punishment proceeding for violation of Article 112a of the UCMJ. Violation of UCMJ Article 112a is considered a serious offense for which a punitive discharge is authorized if adjudged by a special or general court martial. 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 of his characterization of service. Relief is 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. 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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