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__ Docket No. MD13-01099
ex-Pvi, USMC
CURRENT DISCHARGE AND APPLICANT’S REQUEST
Application Received: 20130416
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) 19981109 - 199811 16 COG Active: NONE

Pre-Service Drug Waiver: YES

Period of Service Under Review:

Date of Current Enlistment: 19981117 Age at Enlistment: 18
Period of Enlistment: 4 Years 0 Months

Date of Discharge: 19990602 Highest Rank: PRIVATE
Length of Service: 00 Year(s) 06 Month(s) 17 Day(s)

Education Level: 12 AFOQOT: 80

MOS: 9900

Proficiency/Conduct Marks (# of occasions): 4,0 (1)/3.9 1) Fitness Reports: NOT APPLICABLE
Awards and Decorations (per DD 214): Rifle MM

Periods of UA/CONF: NONE

NIP: 1

~ 19990329: Article 1124 (Wrongful use, possession, etc. of controlled substances)
Awarded: FOP RESTR Suspended: NONE

SCM: NONE SPCM: NONE CC: NONE Retention Warning Counseling: NONE

TYPES OF DOCUMENTS SUBMITTED/REVIEWED
Related to Military Service:

DD 214: J Service/Medical Record: [X] Other Records: CT
Related to Post-Service Period:
Employment: TJ Finances: C) Education/Training: Ty
Health/Medical Records: LJ Rehabilitation/Treatment: ["] Criminal Records: Cj
Personal Documentation: [7] Community Service: | References: CI
Department of VA letter: [] Other Documentation: CI
Additional Statements:
From Applicant: CT From/To Representation: im From/To Congress member: Ci

PERTINENT REGULATION/LAW

A. Paragraph 6210, MISCONDUCT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 31
January 1997 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 21 I, 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 ROR - 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. MD13-01099
a ee Docket No. MD13-01099

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

APPLICANT’S ISSUES

1. The Applicant seeks an upgrade to enhance employment and educational opportunities.
2, The Applicant contends youth and immaturity were contributing factors in his misconduct.

Date: 20131114 DOCUMENTARY REVIEW Location: WASHINGTON D.C. _ Repzesentation: 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 fed 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 included one nonjudicial punishment (NJP) for violation of the Uniform Code of Military Justice
(UCMJ): Article 112a (Wrongful use, possession, etc. of controlled substances, 1 specification). The Applicant also had a pre-
service drug waiver for using marijuana 20 times prior to entering the Marine Corps, and acknowledged his complete
understanding of the Marine Corps Policy Concerning Illegal Use of Drugs on 24 October 1998. 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 waived his rights to consult with a qualified counsel and request an
administrative board but waived his right to submit a written statement.

Issue 1: (Nondecisional) The Applicant seeks an upgrade to enhance employment and 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.

Issue 2: (Decisional) (Equity) RELIEF NOT WARRANTED. The Applicant contends youth and immaturity were
contributing factors in his misconduct. While the Applicant 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 that he should not be held
accountable for his actions. The NDRB recognizes that many of our servicemembers are young at the time they enlist for
service, however, most still manage to serve honorably. While some members may be less mature than others, the NDRB does
not view a member’s claim of immaturity to be a mitigating factor or a sufficient reason for misconduct. 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 shall
remain MISCONDUCT, The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from
the date of his discharge. The Applicant is directed to the Addendum for additional information.
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Docket No. MD13-01099
ae vee No. MD13-01099

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

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.

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

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.

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 a drug-
free lifestyle. The Appiicant 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 ona 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,

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