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

 
ex-Pvt, USMC
Docket No. MD04-01174

Applicant’s Request

The application for discharge review was received on 20040714.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to “medical discharge.”  The Applicant requests a documentary record review.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041222.  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.  The Board’s vote was unanimous that the character and narrative reason of the discharge shall not change.  The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/MISCONDUCT, authority: MARCORSEPMAN 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“1.)  My ability to serve effectively within the United States Marine Corps was impaired by my youth and immaturity.  In short, I was 17yrs old when I joined and I was 20 yrs old when I was discharged.  (Please read my letter attached for an explanation) Thank you.

2.)  I received awards, Promotions, a letter of appreciation and attended College prior to and after my admittance to the use of illegal drugs while serving active duty in the United States Marine Corps.  This information (documents included) will hopefully show that I was generally a good service member with merit that does surpass one incident.

3.) I truly wanted to serve and did try!  I showed courage, honor and initiative by informing my SNCOIC, Gunnery Sergeant C_ that I had engaged in an unlawful act of substance abuse: I did not want to endanger myself nor my peers, nor my fellow marines by my actions.  I wanted relief.  Again please read my statement letter and attached documents.  Thank you.

4.) Medical Physical and personal problems also affected my ability to serve in the Corps effectively.  1999 I was stationed aboard Head Quarters and Support Battalion: Okinawa, Japan.  I had major surgery due to a grossly inflated ® fallopian tube.  To this day, I have reoccurring (female-related) abdominal complications that do (and did) impact physical abilities.  June 2001 my significant other while aboard Camp Pendleton chose to take his own life.  I struggled through the loss.  Documents (3) and my letters further elaborates on this incident.  

5). I have been a good citizen since discharge.  I work full time and attend college in the evening: named to the National Dean’s list.  

6.) I admitted to the use of methamphetamine.  I was given a NJP which resulted in punitive measures based on admittance alone.  Two days following I was informed my UA was NEGATIVE.  11/01 I was charged w/the use of butal bital and plead NOT Guilty.  I did not partake in any such substance.

To whom it may concern:

I am writing in regard to my discharge from the United States Marine Corps.  I am submitting this letter in order to further elaborate on my situation while aboard Camp Pendleton, California with anticipation that the board will consider my case for a potential upgrade to honorable.

I would first like to begin by explaining my background and the circumstances that lead me into joining The United States Armed Forces.  I was a high school student attending Liberty High School, and had enrolled into the delayed entry program for the Corps at the age of seventeen.  I wrote and submitted a letter to the board of education in order to request an early graduation from high school with the intention to begin my military duties early.  Thus, I was granted an early graduation since my high school credits were sufficient and complete, therefore I graduated January 15, 1999 and left home March 8, 1999 to join.  Furthermore, I graduated basic training without difficulty and arrived back home July 4, 1999 and received my diploma on graduation day while wearing my Dress C, Charlie uniform.  I was entirely proud of my accomplishment.  However, I do feel as indicated in my first issue, that my youth and immaturity had greatly impaired my ability to serve this country effectively.  Thus, with little knowledge and understanding, I had joined an organization that I was not ready for physically, emotionally, or mentally.

Next, I would like to describe my acts of merit while enlisted in the Armed Forces.  I hope that this information will make the distinction that I was generally a good service member despite my youth and immaturity.  First, I had received several awards for good conduct, generally earned high conduct ratings from my superior NCOs and SNCOs aboard Okinawa and Camp Pendleton, and I was awarded a letter of appreciation form Major General B_ in respect to my participation during an honorary ceremony.  Last, I attended Central Texas College as well as Palomar College prior to and after the first incident of drug abuse.  As a result, I do hope that my attached documents will show that my overall conduct as an enlisted personnel will greatly surpass the unfortunate mistake I made.

Also, I would like to indicate that I truly did want to serve I gave my best efforts to do so.  I first arrived aboard Camp Pendleton September 2000 and I had no difficulty initially.  However, the situation within the compound! Motor Pool where I had been stationed drastically changed when the majority of the temporary military personnel working there were given orders to leave.  The military at the time was trying to change over the motor transportation unit into a sole civilian personnel unit.  Thus, the Marines given permanent orders to Marine Corps Base, Camp Pendleton Motor Transportation division became insubstantial for the amount of runs that needed to be fulfilled.  There was an overall body count of workable (able to drive/licensed personnel) of perhaps eight individuals.  Therefore, due to limited amounts of money to pay civilian personnel, the United States Marines were ordered to work overtime.  As a consequence, the military personnel aboard Marine Corps Base Motor Transportation division were working six days a week with fourteen-hour days.  We were leaving the compound at 0300 and returning home to the barracks anywhere from 1600-1730.  Regrettably, I had found a way to overcome the fatigue and endless tiredness that overcame me by participating with my roommate in the use of an illegal drug: methamphetamine.  I had noticed that my roommate had energy consistently, was happy, excitable, and alive.  I wanted to feel the same way again; I was working so often with no energy available to enjoy myself when I had any spare time left.  I thought it would be a simple remedy to boost my energy and make feel as alive as she appeared.  However, this was not the case.  I was ignorant and never realized the major addictive effects of methamphetamine.  I started needing more of the drug in order to function and then I became scared of my behaviors.  For that reason, I informed my SNCQIC, Gunnery Sergeant C_ of what had I had been doing.  In short, he felt the need to report to the command immediately in which I was read my rights that day, I was given a urine analysis, and four days later I attended a Non-Judicial Punishment.  I plead guilty and received 60 days barracks restriction, demotion from E3 to E2, reduction in pay, and received a one-year freeze on promotion.  From this incident, I was allowed to withdraw from any need of the illegal substance, and my roommate was already serving time in the brig so I was unable to have any means of receiving the drug.  I did not feel the need to spend 60 days confinement within the Naval Corrections Rehabilitation Center and therefore I completed the punitive measures given to me.

Furthermore, I would like to indicate that two days following my NJP the drug abuse council had informed me that the test results of my urinalysis had been negative.  I understood that paperwork was going through to give me a separation from the military.  Therefore, I wrote a letter to congress explaining my situation and wanted to request a discharge that would not greatly impair my future circumstances in respect to professional employment or college enrollment.  Because of this, I was awarded the opportunity to speak directly with Major General B_, Commanding Officer of Marine Corps Base Camp Pendleton.  I was significantly honored by the fact that I had been given the chance to explain my situation to a superior officer and was therefore entitled to remain in the Corps to finish my enlistment.  I was also gratified by the service and assistance I was given by Master Gunnery Sergeant B_, director of Marine Corps Base Logistics, who had spoke with me, trying to motivate me to continue working as effectively as I was.  Accordingly, I had been working hard to fulfill my obligation to the punitive measures I was awarded from my NJP, I was given urinalysis on a monthly basis, and I was only a couple of months away from the ability to gain back the rank I had lost.

Unfortunately, 11/9/01 I was presented with information from First Sergeant G_ that I had showed positive on my urinalysis for the use of Butalbital.  I tried to explain to First Sergeant G_ that I knew of no such drug and informed him that I was not guilty of abusing the described substance.  He informed me that I would have to appear for another NJP or Court Martial from which the commanding officer would have to decide.  Thus, I had been sent away that first day during a 96 to contemplate what would occur.  I can only describe the incident as a nervous breakdown, or as an anxiety attack when I had consumed the over-the-counter medications I had stored in my wall locker.  The medications consisted of Tylenol, Motrin, and Vicodin that I had left over from a tooth extraction.  Finally, my friend had contacted me in which I explained what had transpired.  He then came over to my barracks and took me to the medical clinic.  I explained to them that I no longer cared, I felt humiliated and embarrassed about what had take place, and I felt that when the information was known I would have let down my superiors who were investing their time in helping me.  I do want to state that I did not take such a substance willfully or knowingly at any time, and I had to question what the drug was when I was taken to the Naval Hospital where I was admitted in case I was to try to do myself harm again.  Also, I have enclosed the information I found on the Internet concerning Butalbital.  Still, to this day I do not know how or why this substance showed up in my urinalysis.  In fact, I do believe that the found Butalbital had been discovered by error.  For this reason, I do not understand why my UA showed negative during the first incident when I admitted to the use of methamphetamine, and showed positive for an unknown prescription medication that I know I had no participation in consuming.

In addition, I would like to include in this explanation the medical/physical and personal problems I had tried to persevere through while fulfilling my military enlistment.  My ability to serve effectively in the United States Marine Corps was also impaired by reoccurring abdominal complications that resulted from a major surgery that was performed while I was stationed aboard Head Quarters and Support Battalion; Okinawa, Japan in 1999.  To this day, I still do have reoccurring abdominal complications, and while serving in the Corps I had a great deal of difficulty complying with the demands of military physical fitness.  Thus, my wall locker was filled with over the counter medication for abdominal pain that did have its positive effects with helping the pain.  Next, I want to explain that in June 2001 my significant other, Corporal L_ Z_ C_ S_ committed suicide without leaving a suicide note as to explain why he had done as he did.  I received a phone call from a friend of mine explaining to me that my boyfriend was dead and had decided to hang himself from a drainage pipe above the shower.  There was nothing to do except for contemplate the reasons behind his actions.  It was explained to me that Corporal S_ was still married to his wife and was facing fraternization charges.  I had been clearly told by Cpl. S_ that he was married once before but him and his wife were annulled very shortly after the marriage.  I was very close to Cpl. S_ for seven months prior to his death and I had a great deal of difficulty dealing with his loss.

Last I would like to explain that I have been a good citizen since my discharge.  I have not and I do not participate in the use of any drugs of a prescribed or illegal nature.  I have been working fulltime at the Humane Society of Baltimore County since March 1, 2002 as an adoption counselor.  I am also an enrolled student attending Carroll Community College and from which I have been recognized for the Carroll Community College and National Deans Lists.  I would like to apologize respectfully and sincerely for my bad conduct by participating in the use of illegal drugs while serving active duty in the United States Marine Corps.  I wish to inform you that I am now a young, but mature, aspiring adult that has learned a lot from my past mistake.  It is with the up-most regret that I can say I wish I had not participated in any illegal drug use.  Last, I hope that my good conduct and ambitions can surpass my unfortunate incident and prove that I was generally a productive and motivated Marine.

I do apologize for the length of this explanation, and I want to thank you for your time and patience while reviewing my case.

Very respectfully and sincerely,”

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214
American Council on Education Registry Transcript (7 pp.)
Forty pages from Applicant’s service record
Two statements from Applicant
Letter from Congressman B_
Letter from HQMC, OLA
Four pages from Applicant’s medical record
Carroll Community College transcript
Two Dean’s List notifications
Three final grade reports
Letter from the National Dean’s List
Letter of recommendation from T_ M. S_
Employee evaluation form (4 pp.)
Employment reference letter
Drug information fact sheet (4 pp.)
Five postcard notes from Applicant explaining documents submitted
Applicant’s ltr to Board, dtd Dec 4, 2004, providing additional documentation
Letter of Recommendation, from K_ H_
Applicant’s Phi Cheta Kappa Society Certificate
Applicant’s Essay Questions (8 pages)

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive: USMCR(J)		980626 - 990307	COG

Period of Service Under Review:

Date of Enlistment:  990308		Date of Discharge:  011130

Length of Service (years, months, days):

	Active:    02  08  23
	Inactive:  None

Age at Entry:  17 (Parental Consent)	Years Contracted:  4 

Education Level:  12				AFQT:  45

Highest Rank:  LCpl				MOS:  3531

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.4 (6)			Conduct:  4.0 (6)

Military Decorations:  None

Unit/Campaign/Service Awards:  LA

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/MISCONDUCT, authority:  MARCORSEPMAN 6210.5.

Chronological Listing of Significant Service Events:

980625:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

010213:	NJP for violation of UCMJ, Article 112a: Admitted to Capt. B_ that you used marijuana and other controlled substances.
Awarded forfeiture of $250.00 per month for 2 months, restriction for 60 days, reduction to PFC.  Not appealed.

010213:	Counseled for deficiencies in performance and conduct.  [Misconduct for illegal use of a controlled substance.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010222:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was the Applicant’s voluntary statement.

010306:	SJA review determined the case sufficient in law and fact.

010316:	GCMCA [MCB, CPCA] directed the Applicant's discharge under honorable conditions (general) by reason of misconduct due to drug abuse.  The discharge will be suspended for 12 months.

010319:	Counseled for deficiencies in performance and conduct.  [Misconduct for illegal use of a controlled substance that resulted in processing for administrative separation.  Though the CG directed suspension of the discharge, the evidence clearly supported the basis for the proceeding.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

011106:	NAVDRUGLAB [San Diego, CA], reported Applicant’s urine sample, received 011031, tested positive for Butalbital.

011110:	Admitted to NMC San Diego, CA due to suicide attempt with Tylenol/Vicodin.

011113:	Discharged from NMC San Diego, CA.  Recommended for expeditious administrative separation due to a personality disorder, NOS.  

011115:	NJP for violation of UCMJ, Article 112a: Illegal use of a controlled substance.
Awarded reduction to Pvt.  Not appealed.

011115:	Counseled for deficiencies in performance and conduct.  [Misconduct for illegal use of a controlled substance.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010222:	Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of misconduct due to drug abuse as evidenced by the Applicant’s voluntary statement.  Notified that the lowest characterization possible was under other than honorable conditions.

010222:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
 
011116:	Commanding Officer recommended the Applicant’s suspended administrative separation be vacated.

011119:	SJA review determined the case sufficient in law and fact.

011121:	GCMCA [MCB, CPCA] directed the Applicant's discharge under honorable conditions (general) by reason of misconduct due to drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20011130 under honorable conditions (general) for misconduct due to drug abuse (A).  The Board presumed regularity in the conduct of governmental affairs (B).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

Issues 1-6.  There is credible evidence in the record that the Applicant used illegal drugs.  Drug abuse warranted processing for separation.  No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation.  Separation for misconduct takes precedence over a potential discharge for other reasons.  The Board found that the Applicant’s age, education level, and test scores qualified her for enlistment.  While she may feel that her youth, medical and personal problems were factors that contributed to her actions, the record clearly reflects her disregard for the requirements of military discipline and demonstrated that she was unfit for further service.  The evidence of record does not demonstrate that the Applicant was not responsible for her conduct or that she should not be held accountable for her actions.  Relief denied.

The Applicant’s discharge characterization accurately reflects her service to her country.  The discharge was proper and equitable.  Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question.  No such inequity or impropriety occurred during the Applicant’s enlistment.  Additionally, 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 the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge.  Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and evidence of a substance free lifestyle, are examples of verifiable documents that may be provided to receive consideration for relief, based on post-service conduct.  The Applicant’s evidence of post-service conduct was found not to mitigate her misconduct sufficient to warrant an upgrade to her discharge.  

The Applicant is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her discharge.  Representation at a personal appearance hearing is recommended but not required.  

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210, MISCONDUCT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 01 September  2001 until Present. 

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

PART IV - INFORMATION FOR THE APPLICANT

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 Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive 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 Directive 1332.28 and other Decisional Documents by going online at “http://Boards.law.af.mil”.

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