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CURRENT DISCHARGE AND APPLICANT *§ REQUEST
Application Received: 20130314
Characterization of Service Received: (corrected) UNDER OTHER THAN HONORABLE CONDITIONS
Narrative Reason for Discharge: (per DD 214) MISCONDUCT
Authority for Discharge: (per DD 214) MARCORSEPMAN 6210.5 [DRUGS]

Applicant’s Request: Characterization change to: GENERAL (UNDER HONORABLE CONDITIONS)
Narrative Reason change to: NONE REQUESTED

SUMMARY OF SERVICE

Prior Service:
Inactive: USMCR (DEP) 20060830 - 20061127 COG Active: USMC 20061128 - 20100907 HON

Pre-Service Drug Waiver: YES

Period of Service Under Review:

Date of Current Enlistment: 20100908 Age at Enlistment: 27
Period of Enlistment: 4 Years 4 Months

Date of Discharge: 20120912 Highest Rank: CORPORAL
Length of Service: 02 Year(s) 00 Month(s) 05 Day(s)

Education Level: 12 , AFQT: 54

MOS: 2131

Proficiency/Conduct Marks (# of occasions): 3.7 (7) /3.5 (7) Fitness Reports: NOT APPLICABLE

Awards and Decorations (per DD 214): Rifle EX (3) Pistol SS GCM SSDR (2) HSM GWOTEM GWOTSM NDSM
Periods of UA/CONF: NONE

NIP: 3

- 20110105: Article 92 (Failure to obey order or regulation, on or about 20101108, while on liberty, embarked on the
USS Carter Hall, SNM separated from his assigned “Liberty Buddy” and returned back to the ship without
him or without notifying shore patrol when he lost him)

Awarded: FOP RESTR Suspended: FOP RESTR

- 20120125: Article 92 (Failure to obey order or regulation, on or about 20120114 on or about 0020 violate BO
5500.1G for possession of fire arms, which were not registered on base)
Article 111 (Drunken or reckless operation of vehicle, aircraft, or vessel, on or about 20120114 at 00200
was cited for driving while intoxicated with a BAC of 07%)
Awarded: RIR FOP RESTR EPD Suspended: NONE

- 20120217: Articie 112 (Drunk on duty, on or about 20120130 found drunk in his room during working hours)
Article 112a (Wrongful use, possession, etc. of controlled substances, self-admit to wrongfully using a
controlled substance, Acid)

Article 134 (General Article, self-admit to consuming alcohol and a controlled substance while on

restriction)
Awarded: RIR FOP RESTR EPD Suspended: FOP

SCM: NONE SPCM: NONE CC: NONE
Key: NFIR - Not found in record RESTR - Restriction NJP - Nonjudicial punishment SCM - Summary court-martial
SPCM - Special court-martial FOP - Forfeiture of pay RIR - Reduction in rank EPD - Extra duties
CONF - Confinement CC - Civilian conviction CCU - Correctional Custody Unit CBW - Confinement on bread and water

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Docket No. MD13-00958

Retention Warning Counseling: 3

- 20110105: For while on liberty separated from his assigned “Liberty Buddy” and returned back to the ship without
him or without notifying shore patrol when he lost him

- 20110131: For Battalion level NJP for violation of the UCMJ, specifically Article 92 (Failure to obey order or
regulation, on or about 20120114 on or about 0020 violate BO 5500.1G for possession of fire arms, which
were not registered on base) and Article 111 (Drunken or reckless operation of vehicle, aircraft, or vessel,
on or about 20120114 at 00200 was cited for driving while intoxicated with a BAC of .07%)

- 20111025: For self-injury without intent to avoid service

ADMINISTRATIVE CORRECTIONS TO THE APPLICANT’S DD 214
The NDRB did note administrative error(s) on the original DD Form 214:
Block 18, Remarks, should contain the statement: “CONTINUOUS HONORABLE ACTIVE SERVICE FROM
061128 UNTIL 100907”
Block 24, Character of Service, should read: “UNDER OTHER THAN HONORABLE CONDITIONS”
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: x Service/Medical Record: [] Other Records: C7
Related to Post-Service Period:
Employment: CJ Finances: C] Education/Training: CT
Health/Medical Records: [] Rehabilitation/Treatment: [[] Criminal Records: CI
Personal Documentation: [[] Community Service: | References: I.
Department of VA letter: [] Other Documentation: []
Additional Statements:
From Applicant: Cj From/To Representation: {[] From/To Congress member: iz

PERTINENT REGULATION/LAW

A. The Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 1 September 2001 until Present, Paragraph
6210, MISCONDUCT. i

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures
and Standards, Part Hf, Para 211, Regularity of Government Affairs, Part V, Para 502, Propriety and Para 503, Equity.

Key: NFIR - Not found in record RESTR - Restriction NIP - Nonjudicial punishment SCM - Summary court-martial
SPCM - Special court-martial FOP - Forfeiture of pay RIR - Reduction in rank EPD - Extra duties
CONF - Confinement CC - Civilian conviction CCU - Correctional Custody Unit CBW - Confinement on bread and water
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‘ Docket No. MD13-00958

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

 

 

APPLICANT’S ISSUES
1. The Applicant contends his discharge for Misconduct (Drug Abuse) is incorrect.
| DECISION
Date: 20131003 DOCUMENTARY REVIEW Location: WASHINGTON D.C. Representation: NONE

By a vote of 5-0 the Characterization shall remain UNDER OTHER THAN HONORABLE CONDITIONS.
By a vote of 5-0 the Narrative Reason shall remain 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 governmental affairs unless there is substantial credible evidence to rebut the presumption, to
include evidence submitted by the Applicant. The Board did complete a thorough review of the circumstances that led to his
discharge and the discharge process to ensure his discharge met the pertinent standards of equity and propriety. The
Applicant’s record of service in his current enlistment included three 6105 counseling warnings and three

nonjudicial punishments (NJPs) for violations of the Uniform Code of Military Justice (UCMJ): Article 92 (Failure to obey
order or regulation, 2 specifications), Article 111 (Drunken or reckless operation of vehicle, aircraft, or vessel, ! specification),
Article 112 (Drunk on duty, 1 specification), Article 112a (Wrongful use, possession, etc. of controlled substances,

1 specification), and Article 134 (General Article, consuming alcohol and a controlled substance while on restriction,

1 specification). The Applicant also had a pre-service drug waiver for using marijuana 25 times prior to entering the Marine
Corps, and acknowledged his complete understanding of the Marine Corps Policy Concerning Illegal Use of Drugs on 30
August 2006. Based on the Article 112a violation, processing for administrative separation is mandatory. When notified of
administrative separation processing using the administrative board procedure, the Applicant exercised his right to consult with
a qualified counsel but waived his rights to submit a written statement and request an administrative board.

Issue 1: (Decisional) (Propriety/Equity) RELIEF NOT WARRANTED. The Applicant contends his discharge for Misconduct
(Drug Abuse) is incorrect. According to the Applicant’s service record, he was notified on 1 June 2012 of administrative
separation processing for Misconduct (Drug Abuse), Misconduct (Serious Offense), Misconduct (Pattern of Misconduct), and
Alcohol Rehabilitation Failure. The Applicant acknowledged this information, in writing, and elected to consult with counsel
but to waive his rights to submit a written statement and appear before an administrative separation board. If the Applicant felt
he was mistakenly charged with a crime, it was his obligation to contest those charges at the time they were made. During a
trial or administrative separation board, he would have had the opportunity to mount a defense against the charges. The record
further shows he was found guilty of violating UCMJ Article 112a at NJP, and this offense requires mandatory processing for
administrative separation. The Separation Authority (Commander, 2 Marine Logistics Group) determined the Applicant met
the requirements for separation for all of the reasons listed above and selected Misconduct (Drug Abuse) as the primary basis
for separation. After a complete review of the records, the NDRB determined the Applicant’s discharge proceedings were
warranted, proper, and equitable. Relief denied.

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, service record
entries and discharge process, the Board found the discharge was proper and equitable. Therefore, the awarded characterization
of service shall remain UNDER OTHER THAN HONORABLE CONDITIONS and the narrative reason for separation shail
remain MISCONDUCT. The Applicant remains eligible for a personal appearance hearing for a period of fifteen yeats from
the date of his discharge. The Applicant is directed to the Addendum for additional information.
Docket No. MD13-00958

 

ADDENDUM: Information for the Applicant

Complaint Procedures: If you believe 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.jaw.af.mil.”

Additional Reviews: After a document review has been conducted, former mernbers are eligible for a personal appearance hearing, provided the
application is received at the NDRB within 15 years of the Applicant’s 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. There are veterans organizations such as the American Legion and the Disabled American Veterans that are willing to
provide guidance to former service members in their efforts to obtain a discharge upgrade. If a former member has been discharged for more than 15
years, has already been granted a personal appearance hearing or has otherwise exhausted their opportunities before the NDRB, the Applicant may
petition the Board for Correction of Naval Records (BCNR), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 for further review.

Service Benefits: The U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB. 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 prant relief.

Empioyment/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 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.

Medica! Conditions and Misconduct. DoD disability regulations do not preciude 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 is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the
disability evaluation is suspended pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative
discharge for misconduct or for any basis wherein an Other Than Honorable discharge is authorized, 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 BCNR can grant this type of narrative reason change.

Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or
good conduct subsequent to leaving naval service.

Post-Service Conduct, The NDRB is authorized to consider post-service factors in the recharacterization of 2 discharge. Outstanding post-service
conduct, 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, is considered during Board reviews. Documentation to support a post-service conduct upgrade includes, but is not limited
to: a verifiable continuous employment record; marriage and children’s birth certificates (if applicable); character witness statements; documentation of
community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks,
credit card companies, or other financial institutions; attendance at or completion of higher education (official transcripts); and documentation of 2 drug-
free lifestyle. 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 in-service misconduct was an
aberration and not indicative of the member’s overall character.

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 ts 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