ex-, USMC

                  Current Discharge and Applicant’s Request

Application Received:  20090317
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge:  MARCORSEPMAN

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

                             Summary of Service

Prior Service:
Inactive:   USMCR (DEP)      20061116 - 20061126   Active:

Period of Service Under Review:
Date of Enlistment:  20061127     Age at Enlistment:
Period of Enlistment:   Years   Months
Date of Discharge:  20071115 Highest Rank:
Length of Service:    Year(s)    Month(s)  19  Day(s)
Education Level:       AFQT:  71
MOS:  2800
Proficiency/Conduct Marks (# of occasions):   /    Fitness Reports:

Awards and Decorations (per DD 214):    Rifle

Periods of UA/CONF:

NJP:
    - 20070807:  Article 112a (Test positive for a controlled substance
             (cocaine))
      Awarded:     Suspended:


SCM:

SPCM:

CC:


Retention Warning Counseling:


    - 20070813:  For recent violation of Article 112a, more specifically
             wrongfully use controlled substance, cocaine usage identified
             through urinalysis confirmed by NAVDRUBLAB SDGO LAN
             S07G0341004.

            Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

        “HKK1”

The NDRB will recommend to the Commandant of the Marine Corps that the DD
214 be corrected as appropriate.


                    Types of Documents Submitted/reviewed

Related 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 Marine Corps Separation and Retirement Manual, (MCO P1900.16F),
effective 1 September 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 II, Para 211,
Regularity of Government Affairs, Part V, Para 502, Propriety and Para 503,
Equity.




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

                             Applicant’s Issues

1.  Issue 1.  Nondecisional.   Applicant would like to reenlist in the
military.
2.  Issue 2.  Decisional.  Isolated incident due to youth and immaturity.

                                  Decision


Date:  20090917              Location: Washington D.C.
Representation: NoNE

By a vote of  the Characterization shall  .
By a vote of  the Narrative Reason shall  MISCONDUCT.

                                 Discussion

The NDRB, under its responsibility to examine the propriety and equity of
an Applicant’s discharge, is authorized to change the character of service
and the reason for discharge if such change is warranted.  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 record of service reflects one 6105 counseling warning for
illegal drug use and one Non-judicial Punishment (NJP) for violations of
the Uniform Code of Military Justice (UCMJ): Article 112a (Use of an
illegal substance –cocaine).  The Applicant acknowledged his complete
understanding of the Marine Corps Policy Concerning Illegal Use of Drugs on
12 November 2006.  Based on the offense committed, processing for
administrative separation is mandatory.  The NDRB did not have the
Applicant’s administrative separation package to determine whether or not
the Applicant waived his right to consult with qualified counsel, submit a
written statement, and request an Administrative Board.

:  (Nondecisional).  The Applicant wants to reenlist in the military.  The
NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into
the Navy, Marine Corps, or any other branch of the Armed Forces, and 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 NDRB 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.

:  ()  .  The Applicant states this was the first time he used an illegal
substance and the amount detected in his body was negligible.  He asks his
youth and immaturity be considered and desires to correct the mistake he
made when a younger man.  Despite a service member’s prior record of
service, certain serious offenses, even though isolated, warrant separation
from the naval service in order to maintain proper order and discipline.
The Applicant signed the USMC Drug Policy on November 12 2006.  He was
fully aware there is a zero tolerance policy for drug abuse and he
acknowledged the consequences.  While the may feel his youth and immaturity
were the underlying causes of his misconduct, the record clearly reflects
his willful misconduct and demonstrated he was unfit for further service.
The evidence of record does not demonstrate the Applicant was not
responsible for his conduct or he should not be held accountable for his
actions.  When a  service has been honest and faithful, it is appropriate
to characterize that service under honorable conditions.  An  discharge is
warranted when a Marine commits or omits an act that constitutes a
significant departure from the conduct expected from a Marine.  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 conduct expected of all Marines, regardless of his grade
and length of service and falls far short of what is required for an
upgrade in the characterization of service.

Summary:  After a thorough review of the available evidence, to include the
Applicant’s summary of service, service record entries, discharge process
and statement submitted by the Applicant, the Board found   Therefore, the
awarded characterization of service shall remain Under Other Than Honorable
Conditions, and the narrative reason for separation shall remain
Misconduct, Drug Abuse.

The Applicant remains eligible for a personal appearance hearing for a
period of fifteen years from the date of his discharge, November 15, 2007.
The Applicant is directed to the Addendum, specifically the paragraphs
titled Additional Reviews, Automatic Upgrades, and Post-Service Conduct.]

                  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, provided 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 granted 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.

Employment/Educational Opportunities:  The NDRB has no authority to upgrade
a discharge for the sole purpose of enhancing employment or educational
opportunities.  Regulations limit the NDRB’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 NDRB 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 for 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 NDRB 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