Search Decisions

Decision Text

USMC | DRB | 2008_Marine | MD0800919
Original file (MD0800919.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20080320
Characterization of Service Received:
Narrative Reason for Discharge: DRUG ABUSE
Authority for Discharge: MARCORSEPMAN

Applicant’s Request: Characterization change to:
                  Narrative Reason change to:

Summary of Service

Prior Service:
 Inactive: USMCR (DEP)     19930810 - 19931025              Active:

Period of Service Under Review:
 Date of Enlistment: 19931026      Period of E nlistment : Years Months    Date of Discharge: 19940623
Length of Service : Yrs Mths 29 D ys      Education Level:         Age at Enlistment:       AFQT: 39
MOS: 0300        Highest Rank:    Fitness R eports:
Proficiency/Conduct M arks (# of occasions): ( )/ ( )
Awards and Decorations ( per DD 214): Rifle , NDSM

NJPs :    
19940421 : Art icle 86 (Unauthorized absence ) F rom 1300, 19940318 until 1145, 19940411 (2 4 Days) .
 Art icle 112a ( Drug use), Wrongfully used THC, a controlled substance.
Awarded - . Susp - .

S CMs :   

SPCMs:  

CC:      

6105 Counseling :
19940414 : For your lack of accountability and lack of attention to detail by losing your I.D. card.
         19940414 : For your lack of reasonable effort, your failure to accept responsibility, your lack of accountability, lack of
attention to detail and overall poor performance.

Types of Documents Submitted/reviewed

 Related to Military Service:      DD 214:          Service and/or Medical Record:            Other Records:

Related to Post-Service Period:  
         Employment:                        Finances:                          Education /Training :     
         Health/Medical Records:           Substance Abuse:                           Criminal Records:       
         Family/Personal Status:                   Community Service:                References:              
Additional Statements From Applicant:             From Representat ion :              From Member of Congress:
Other Documentation (Describe)



DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues
1. Employment/reenlistment opportunities.
2. Isolated incident/record of service.
3. Unfair command treatment.
Decision

 Date: 20 08 0814             Location: Washington D.C .         R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall Misconduct .
Discussion

 : either which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum , specifically the paragra p h concerning “ Employment/Educational Opportunities ” and Reenlistment/RE-codes regarding .

: ( ) . The Applicant stated his discharge was based on one isolated incident . For the information of the Applicant, d espite a service member’s prior record of se rvice certain serious offenses, even though isolate d, warrant separation from the N aval S ervice in order to maintain proper order and discipline. Additionally, an administrative discharge is not punishment. The decision to administratively discharge a servicemember is made independently of and does not require adjudication at a court-martial or a non-judicial punishment appearance . The characterization of service is a description of the total service provided during the member’s enlistment. When the service of a member of the Naval Service has been honest and faithful, it is appropriate to characterize that service as honorable. A d ischarge “U nder O ther T han H onorable C onditions ” 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.

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 . The Applicant’s service was marred by his violations of the U niform C ode of Military J ustice, Article 86 ( U nauthorized absence) and Article 112a ( Drug use, wr ongful use of a controlled substance) . Violations of Article 86 and Article 112a are considered serious offen s es, p unishable by a punitive discharge and imprisonment if adjudicated by a c ourt -m artial. Furthermore, discharge processing is mandatory for violations of the Marine Corps' drug policy , even for a single incident, regardless of grade or time in service . The Applicant’s conduct, which forms the primary basis for determining the character of service, reflects the Applicant’s willful failure to meet the requirements of the Naval Service and f alls far short of w hat is required for an upgrade in the characterization of service. The Board determined an upgrade would be inappropriate.

: ( ) . The Board inferred one of the Applicant's issues was unfair treatment by the Command. He states his command was going to change his M ilitary O ccupational S pecialty based on an injury. The Applicant also states the command offered no help "and [he] wasn't offered the chance to stay in the service." There was no documentation presented by the applicant or in his record to indicate the Command unfairly singled out the Applicant for punishment or treated him unfairly. Furthermore, during the review of the discharge process, the Board noted the Applicant waived his right to counsel and an Administrative Board when he acknowledged his rights on 24 M ay 1994. The Board determined an upgrade to the Applicant 's discharge would be inappropriate.

After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record, Discharge Process and evidence submitted by the Applicant, the Board found






Pertinent Regulation/Law

 A. Paragraph 6210, Misconduct , of the Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 27 June 1989 until 17 August 1995.

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, Articles 86 and 112a .



ADDENDUM: Information for the Applicant

 Complaint Procedures : 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 to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC 20301-4000 . 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 . ”

Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provi ded the 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. If a former member has been discharged for more than 15 years , has already been grante d a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

 Service Benefits: The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board. 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.
Employmen t / Educational Opportunities : The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.

Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.
Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation or is referred to a court-martial fo r misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or other medical related reasons. ” Only the Board for Correction of Naval Records can grant this type of narrative reason change.
Automatic Upgrades - 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 may 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.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a special court-martial, 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. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

Board Membership: 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

Similar Decisions

  • NAVY | DRB | 2008_Navy | ND0801956

    Original file (ND0801956.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated to Military Service: DD 214: Service/Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements: From Applicant: From Representation:From Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...

  • NAVY | DRB | 2009_Navy | ND0901264

    Original file (ND0901264.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated to Military Service: DD 214: Service/Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements: From Applicant: From Representation:From Congress member: Other Documentation: Pertinent Regulation/Law A. The Board determined the characterization of service received,...

  • USMC | DRB | 2008_Marine | MD0801542

    Original file (MD0801542.rtf) Auto-classification: Denied

    By a vote of the Narrative Reason shall MISCONDUCT.Discussion : either which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. The Board determined an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information...

  • USMC | DRB | 2009_Marine | MD0900615

    Original file (MD0900615.rtf) Auto-classification: Denied

    The Board determined the characterization of service received, Bad Conduct Discharge, was an appropriate characterization considering the length of service, the UCMJ violations involved, and lack of post-service documentation.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found clemency was not warranted and the sentence awarded the Applicant at his...

  • USMC | DRB | 2008_Marine | MD0801456

    Original file (MD0801456.rtf) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Court-Martial proceedings, Discharge Process and evidence submitted by the Applicant, the Board found clemency was not warranted and the sentence awarded the Applicant at his court-martial was appropriate for the offenseshe committed. The Board determined based on the lack of documentation provided clemency was not warranted and an upgrade would be...

  • NAVY | DRB | 2009_Navy | ND0900324

    Original file (ND0900324.rtf) Auto-classification: Denied

    The Board determined the characterization of service received, “General (Under Honorable Conditions)”, was an appropriate characterization considering the length of service, UCMJ violations involved, and the lack of post service documentation.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, and Discharge Process, the Board found Pertinent Regulation/Law A. ” Additional Reviews : Subsequent to a document review, former members...

  • USMC | DRB | 2008_Marine | MD0800974

    Original file (MD0800974.rtf) Auto-classification: Denied

    Susp - NONE.SPCMs: 6105 Counseling: Types of Documents Submitted/reviewedRelated to Military Service: DD 214: Service and/or Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements From Applicant: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues...

  • NAVY | DRB | 2009_Navy | ND0900112

    Original file (ND0900112.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. The Board determined the characterization of service received, “Under Other Than Honorable Conditions”, was an appropriate characterization considering the length of service, the UCMJ violations involved, and lack of post service documentation.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process...

  • USMC | DRB | 2008_Marine | MD0800951

    Original file (MD0800951.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated to Military Service: DD 214: Service and/or Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements From Applicant: From Representation: From Member of Congress: Other Documentation (Describe) DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE...

  • USMC | DRB | 2008_Marine | MD0801583

    Original file (MD0801583.rtf) Auto-classification: Denied

    Service benefits.2. The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case by case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.Beside the Applicants statement attached to the DD Form 293, he provided only service related documents as additional...