Search Decisions

Decision Text

USMC | DRB | 2006_Marine | MD0600972
Original file (MD0600972.rtf) Auto-classification: Denied

ex-PFC, USMC
MD06-00972

 Current Discharge and Applicant’s Request :

Application Received:                               20 060713
Narrative Reason for Separation:                           misconduct
Character of Service:                               
Discharge Authority :                                MARCORSEPMAN 6210.5
Last Duty Assignment/ Command at Discharge:       1 ST BN 7 TH MAR MAGTFTC TWENTYNINE PALMS CA

Applicant’s Request:
          Narrative Reason change to:               NONE REQUESTED
         Characterization chang e to:               
         Review Requested :                          
Representation:                                              DESIGNATED


Decision:

Date of Decision:                                             20 070523
The Discharge shall remain:                       
                                                      MISCONDUCT
Regarding p ropriety , the Board found the discharge :      
Regarding e quity , the Board found the discharge :         

Vot e (characterization/reason)                      /
Location of Board:                                  Washington D.C.
Complete Service Record:                                   
Complete Medical Record:                          
Discharge Package Complete:                       


Summary of Service :

Prior Service:
 Inactive: USMC R (DEP)                               19981106 - 19981116
Active: None
Period of Service Under Review :
Date of Enlistment:                                 19981117
Years Contracted :                                   ;
Date of Discharge:                                  20010516
Length of Service:                                  02 Yrs 06 Mos 00 Days Does not exclude lost time, if any.
Time Lost During This Period:                      23
                          
Education Level:                                   
Age at this Enlistment:                                    
AFQT:                                                 38
MOS:                                                   0331
Highest Rate/Rank:                                   LCpl

Performance Evaluation Averages (number of marks):
 P roficiency / Conduct :                     4.3 (6)   4.1 (6)

Awards and Decorations (as listed on the DD Form 214): RIFLE EXPERT BADGE, PISTOL SHARPSHOOTER BADGE, NAVY AND MARINE CORPS OVERSEAS SERVICE RIBBON, ARMED FORCES EXPEDITIONARY MEDAL, CERTIFICATE OF COMMENDATION, LETTER OF COMMENDATION, MERITORIOUS MAST


Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

19981105:        Applicant certified understanding of Marine Corps policy on illegal drug use.

19981106:        Applicant received waiver for pre-service drug use.

20001109:        Message, DTG 092128Z Nov 00 identified Applicant as testing positive for THC from urinalysis.
         [Extracted from Commanding Officer, 1 st Battalion, 7 th Marines letter dated 20010403.]

 20010215 :        Summary Court-Martial.
         Charge: V iolation of the UCMJ, Article 112a:
         Specification: Wrongful use of marijuana on or about 20001030.
         Finding: To Charge and the specification thereunder, guilty.
          Sentence: Forfeiture of $400.00, confinement for 28 days, reduction to E-2.
         CA action 20010216: Sentence approved and ordered executed.

20010216:        Applicant found fit for confinement.

20010216:        Applicant to confinement at Base Brig, MCB, Camp Pendleton, CA.

20010310:        Applicant from confinement (23 days).

 20010330:        Counsel ed concerning positive urinalysis of marijuana (THC), identified by Naval Drug Message 092128Z Nov 00.), disciplinary warning issued, necessary corrective actions explained and advised being processed for administrative separation .

Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation
20010222:        Applicant refused Medical Officer’s evaluation.
Elements of Discharge:

Discharge Process :                                  ADMINISTRATIVE BOARD PROCEDURES
Date Notified :                                        20010403
Basis :                                                MISCONDUCT DUE TO
Least Favorable Characterization:                         
Commanding Officer’s Intended Recommendation :   
Record Supports Narrative Reason :                         

Date Applicant R esponded to N otification:                 20010403
Rights E lected at N otification :
Consult with Counsel                      
Administrative Board                      
Obtain Copies                             
Submit Statement(s)                       
Board Date :                                          NOT APPLICABLE      
Finding of Administrative Board:                           NOT APPLICABLE
                                                     
Recommendation of Commanding Officer (date):     ( 20010403 )
SJA review (date):                                   20010504
Separation Authority (date):                        COMMANDER, 1 ST MARINE DIVISION (REIN) (20 010504 )
Narrative reason directed :                                   MISCONDUCT
Characterization of directed:                     
Date Applicant Discharged:                         20010516


Additional Information Considered by Board

 Type of d ocumentation submitted by t he Applicant and considered by the Board
        Document Type                                        #Pages
 Related to Period of Service:
          Service/Medical Record :                              4
         Other Period of Service:                           17
Related to Post-Service Period:
          Community Service :                                   0
         Education :                                           1
         Employment :                                          4
         Health /Medical :                                       0
         Character Statements:                               8
         Criminal Records Checks:                                    2
         Additional Statements from Applicant:             3
Other Documentation      (Describe Below)                 1

Total Number of Pages:                     40

D escription of Other Documentation: Applicant's c ertificate of birth

Applicant’s Issues , as summarized by the Board :
1. Employment opportunities.
2. Should never have been discharged.
3. Post service conduct.

Issue 1: T he Board determined that which can form the basis of relief for the Applicant or that the Board did not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding this Issue .

Decisional Issues:
 The Board accepted Issue(s) 2 and 3 for consideration.

Issue 2 (Propriety /Equity ). 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 Applicant does not offer any reason or evidence as to why he should not have been discharged. The NDRB advises the Applicant that illegal drug use is a v iolation of the UCMJ, Article 112a, and is considered a serious offense for which 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.

Issue 3 (Equity). 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 the service. The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge 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. 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 was found not to mitigate the conduct which precipitated the discharge. Relief denied.

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption , to include evidence submitted by the Applicant . After a thorough review of the available evidence , to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applican t’s discharge proper and equitable.


Minority Opinion

 None .


Pertinent Regulation/Law

 A. Paragraph 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 31 Jan 97 until 31 August 2001.

B . 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 V, Para 502, Propriety and Para 503, Equity .

C. 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 112a, Wrongful use, possession, etc., of controlled substances.

Similar Decisions

  • USMC | DRB | 2006_Marine | MD0600903

    Original file (MD0600903.rtf) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable. There is credible evidence in the record that the Applicant used illegal drugs, a violation of UCMJ, Article 112a. The Applicant refused treatment, and the Board found no indication in the record that he was inequitably...

  • USMC | DRB | 2006_Marine | MD0600999

    Original file (MD0600999.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: ADMINISTRATIVE BOARD PROCEDUREDate Notified:20011023Narrative Reason(s): MISCONDUCTdue to Least Favorable Characterization: Commanding Officer’s Intended Recommendation: Record Supports Narrative Reason: Date Applicant Responded to Notification: 20011023Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) Board Date: not applicable Recommendation of Commanding Officer (date): UNDER...

  • USMC | DRB | 2007_Marine | MD0700038

    Original file (MD0700038.rtf) Auto-classification: Denied

    Record of service. (2005001219) SJA review (date): (20060309)Separation Authority (date): COMMANDING GENERAL, 1 ST MARINE DIVISION (REIN) (20060313) Basis for discharge directed: due to: Characterization directed: Date Applicant Discharged: 20060317 Additional Documents Submitted by Applicant and Considered By BoardTotal Number of Pages: 5 Related to Period of Service Under Review: From Service and/or Medical Record: Other Records: Related to Other Period(s) of Service: From Service and/or...

  • USMC | DRB | 2006_Marine | MD0600495

    Original file (MD0600495.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Copy 4)Response to Request for Separation Documents/InformationLetter from Applicant, dated January 7, 2006 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive:...

  • USMC | DRB | 2007_Marine | MD0700066

    Original file (MD0700066.rtf) Auto-classification: Denied

    Mandatory processing for separation is required for Marines who abuse illegal drugs. Elements of Discharge: [INVOLUNTARY] Date Notified: 20050511Basis for Discharge: due to: Least Favorable Characterization: Commanding Officer’s Intended Recommendation: Date Applicant Responded to Notification: 20050511 Rights Elected at Notification:Consult with Counsel Obtain Copies of DocumentsSubmit Statement(s) (date) Administrative Board Commanding Officer Recommendation (date): (UNDATED)SJA review...

  • NAVY | DRB | 2004 Marine | MD04-00322

    Original file (MD04-00322.rtf) Auto-classification: Denied

    MD04-00322 Applicant’s Request The application for discharge review was received on 20031210. The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. (Applicants signature) 2003/11/20.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component,...

  • NAVY | DRB | 2006_Navy | ND0601058

    Original file (ND0601058.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20040908Reason for Discharge Least Favorable Characterization: Record Supports Narrative Reason: Date Applicant Responded to Notification: 20040908Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) (date)GCMCA Review Recommendation of Commanding Officer (date): 20040928Discharge directed by (date):COMNAVAIRLANT NORFOLK 20041004Narrative reason...

  • USMC | DRB | 2007_Marine | MD0700327

    Original file (MD0700327.rtf) Auto-classification: Denied

    Certain serious offenses, even though isolated, warrant separation from the Naval service in order to maintain proper order and discipline.The Applicant’s service was marred by one Summary Court Martial finding of guilty for a violation of UCMJ Article 112a, Wrongful use of a controlled substance. Discharge Process Date Notified: 20051130Basis for Discharge: DUE TO Least Favorable Characterization: Commanding Officer’s Intended Recommendation: Date Applicant Responded to...

  • NAVY | DRB | 2007_Navy | ND0700053

    Original file (ND0700053.rtf) Auto-classification: Denied

    The Board determined that the documentation provided by the Applicant did not mitigate the misconduct which resulted in his administrative discharge and in the characterization of the Applicant’s service. Elements of Discharge: [INVOLUNTARY] Date Notified:20010818Reason for Discharge - - Least Favorable Characterization Authorized: UNDER OTHER THAN HONORABLEDate Applicant Responded to Notification: 20010818Rights Elected at Notification:Consult with Counsel Obtain Copies of Documents Submit...

  • USMC | DRB | 2006_Marine | MD0600760

    Original file (MD0600760.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). Decisional Issues Equity – Quality 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) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USMCR (DEP) 20020424 -...