Search Decisions

Decision Text

USMC | DRB | 2006_Marine | MD0601022
Original file (MD0601022.rtf) Auto-classification: Denied

ex-Pvt, USMC
MD06-01022

 Current Discharge and Applicant’s Request :

Application Received:                               20 060728      
Narrative Reason for Separation:                          
Character of Service:                                BAD CONDUCT DISCHARGE
Discharge Authority :                                MARCORSEPSMAN PAR 1105      
Last Duty Assignment/ Command at Discharge:       2DCBTENGRBN 2DMARDIV CAMLEJ NC      

Applicant’s Request:
          Narrative Reason change to:               not requested
         Characterization chang e to:               
         Review Requested :                          
Representation:                                              designated


Decision:

Date of Decision:                                             20 070427
The Discharge shall remain:                        BAD CONDUCT
                                                     
The Board found that clemency was:               
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)                               19960503-19961103      
Active:                                          NONE      
Period of Service Under Review :
Date of Enlistment:                                 19961104      
Years Contracted :                                   ;      
Date of Discharge:                                  20000831
Length of Service:                                  03 Yrs 0 9 Mos 2 8 Days (Does not exclude lost time)
Time Lost During This Period:                      UNAUTHORIZED ABSENCE: NONE
                                                      CONFINEMENT: 73 DAYS     
                          
Education Level:                                   
Age at this Enlistment:                                    
AFQT:                                                 48
MOS:                                                   1141
Highest Rate/Rank:                                   LCpl

Performance Evaluation Averages (number of marks):
 P roficiency / Conduct :                              4.3 (2) 4.3 (2)
        
Awards and Decorations (as listed on the DD Form 214):
MERITORIOUS UNIT COMMENDATION (MCRC 950731-970630), LETTER OF APPRECIATION, RIFLE MARKSMAN BADGE



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

19960502:        Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.
19960503:        Applicant granted waiver for pre-service drug use.
19980608:        Special Court Martial
         Charge : violation of the UCMJ, Article 112a.
         Specification: Wrongfully use marijuana. Plea : Not Guilty. Finding : Guilty.
         Sentence: Confinement for 30 days, forfeiture of $500 per month for 2 months, reduction to E-1.
         CA 19980622: Sentence approved and will be executed.
19980702:        From confinement , to duty .

19981207 :        Special Court Martial [trial dates 981014, 981207 ]
          Charge : violation of the UCMJ, Article 112 a .
         Specification: Did, at an unknown location, between on or about 19980523 and on or about 19980607, wrongfully use marijuana. Plea : Guilty. Finding : Guilty.
         Sentence: Confinement for 3 months, forfeiture of $ 6 00 per month for 3 month s , Bad Conduct discharge.
         CA 19991122 : S entence approved and, except for the bad conduct discharge , will be executed, but confinement in excess of sixty (60) days suspended for a period of one (1) year from the date of trial, at which time, unless sooner vacated, the suspended portion will be remitted without further action .
19990125 :        From confinement, to duty.

19990129 :        Applicant to appellate leave.
19991118:        Applicant to involuntary appellate leave.

20000612:        NMCCCA: Affirmed findings and sentence.

20000824:        Appellate review complete.

20000831:        SSPCM O 00-758 : Article 71c, UCMJ, having been complied with, b ad c onduct discharge ordered executed.

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 :                              1      
         Other Period of Service:                                    0      
Related to Post-Service Period:
          Community Service :                                   0      
         Education :                                           0      
         Employment :                                          0      
         Health /Medical :                                       0      
         Character Statements:                               0      
         Criminal Records Checks:                                    0      
         Additional Statements from Applicant:             0      
Other Documentation                                          0      

Total Number of Pages:                              1

Discussion
P ropriety and Equity
 Relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts. With respect to a discharge adjudged by a court-martial case, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed. After a thorough review of the Applicant’s record, issues submitted, and post service accomplishments, the Board determined that clemency was not warranted and that the sentence awarded the Applicant at his court-martial was appropriate for the offenses he committed. Relief denied.

Applicant’s Issues (as summarized by the NDRB) :
1. Family circumstances led to misconduct.
2. Post-service conduct mitigates misconduct.

Acceptance of Applicant’s Issues:
 The Board accepted Issue(s) 1-2 for consideration.

Issue 1 ( Equity ). The NDRB found no evidence that the Applicant’s wrongful drug use was not of his own doing. He admitted in court that he could have avoided using marijuana if he had wanted to. The Applicant’s subsequent regret regarding the consequences of his misconduct does not constitute a justification for the misconduct. Relief is not warranted on this issue.

Issue 2 (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 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.


Minority Opinion

 None

Pertinent Regulation/Law
 A. Paragraph 1105, DISCHARGE ADJUDGED BY SENTENCE OF COURT-MARTIAL , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 950818 until 010831 .

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 .



Similar Decisions

  • USMC | DRB | 2006_Marine | MD0601105

    Original file (MD0601105.rtf) Auto-classification: Denied

    ex-Pvt, USMCMD06-01105Current Discharge and Applicant’s Request: Application Received: 20060815Narrative Reason for Separation: COURT-MARTIALCharacter of Service:Discharge Authority: MARCORSEPMAN 1105Last Duty Assignment/Command at Discharge: MWSS-371 MWSG-37 3DMAW MCAS YUMA AZApplicant’s Request:Narrative Reason change to: NONE REQUESTEDCharacterization change to:Review Requested:Representation: Decision: Date of Decision: 20070706 Location of Board: Washington D.C.Complete Service...

  • USMC | DRB | 2006_Marine | MD0600945

    Original file (MD0600945.rtf) Auto-classification: Denied

    MD06-00945 Applicant’s Request The application for discharge review was received on 20060706. Equity – Minor offenses, substance abuse did not involve distribution Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 1)Applicant’s DD Form 214 (Member 4) Applicant’s DD Form 214 (State Director of Veterans Affairs)Letter from Applicant PART II - SUMMARY OF SERVICE Prior Service...

  • USMC | DRB | 2006_Marine | MD0600556

    Original file (MD0600556.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214Excepts from Service Record (5 pgs) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USMCR (DEP) 19990520 - 19990524 COG Active: None Period of Service Under Review :Date of Enlistment: 19990525 Date of Discharge: 20041227 Length of Service (years, months, days):Active: 050702(Does not...

  • USMC | DRB | 2006_Marine | MD0600435

    Original file (MD0600435.rtf) Auto-classification: Denied

    As my punishment, I was sentenced to 60 days in the Military Brigg and was going to be discharged under “General/Under Honorable Conditions.” While incarcerated, my discharge was downgraded to “Bad Conduct” because of Marijuana residue that was found in my room.I believe that the discharge should upgraded due to the fact that it is based on two incidents from out of the latter part of my 4+ years of service. Findings : Guilty Sentence: Confinement for 45 days, Bad Conduct discharge. The...

  • USMC | DRB | 2006_Marine | MD0600922

    Original file (MD0600922.rtf) Auto-classification: Denied

    MD06-00922 Applicant’s Request The application for discharge review was received on 20060628. Decisional Issues Equity – Youth, alcohol problemEquity – Post service Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Service 2) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USMCR (DEP) 19920316 - 19920413 COG Active: None Period of...

  • USMC | DRB | 2006_Marine | MD0600022

    Original file (MD0600022.rtf) Auto-classification: Denied

    Issues, as stated Applicant’s issues, as stated on the application:“Request upgrade of DD Form 214 discharge, “Character of Service”” After a thorough review of the Applicant’s record and issues submitted, the Board determined that clemency is not warranted. 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.

  • USMC | DRB | 2006_Marine | MD0600781

    Original file (MD0600781.rtf) Auto-classification: Denied

    After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board determined that clemency was not warranted and that the characterization of discharge was appropriate. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (State Director of Veterans Affair-6) Applicant’s DD Form 214 (Member 4) Applicant’s DD Form 214 (Member 1) PART II -...

  • USMC | DRB | 2006_Marine | MD0600504

    Original file (MD0600504.rtf) Auto-classification: Denied

    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. D. 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. You may view DoD Instruction 1332.28 and other Decisional Documents by going online at “...

  • USMC | DRB | 2005_Marine | MD0501456

    Original file (MD0501456.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of naval service, if he desires further review of his case.

  • USMC | DRB | 2006_Marine | MD0600502

    Original file (MD0600502.rtf) Auto-classification: Denied

    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. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Applicant chose to make a rebuttal.010606: Applicant’s rebuttal page 11 entry.010703: NAVDRUGLAB, SAN DIEGO, CA, reported Applicant’s urine sample, received 010629, tested positive for THC.010901: Counseling: Advised of deficiencies...