Mala conducta (la que incluye el consumo de drogas y el alcoholismo)

Marines

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MCO 1900.16 (MARCORSEPMAN) (15 FEB 2019)

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6209. ALCOHOL ABUSE REHABILITATION FAILURE

1. Commanders shall process Marines for administrative separation in the following circumstances:

• a. Any Marine who has been referred to a program of rehabilitation for alcohol abuse who fails through inability or refusal to participate in, cooperate in, or successfully complete such a program, and who demonstrates a lack of potential for continued naval service; or
• b. Any Marine who through inability or refusal fails to participate in, cooperate in, or does not successfully complete a prescribed alcohol-abuse or dependency treatment/aftercare program, and is deemed a treatment failure by a credentialed and privileged physician or psychologist; or
• c. Any Marine who incurs a subsequent alcohol-related incident after entering a prescribed alcohol-abuse or dependency treatment/aftercare program precipitated by a prior alcohol-related incident; or
• d. When long-term rehabilitation has been determined necessary, any Marine who has been transferred to a civilian medical facility for rehabilitation.

6210. MISCONDUCT

1. Whenever a Marine is involved in misconduct, as described in the following paragraphs, commanders shall process the Marine for separation unless rehabilitation and retention are warranted under the guidelines in paragraph 6105. Characterization of service normally shall be under other than honorable conditions, but characterization as general (under honorable conditions) may be warranted in some circumstances. For Marines who have completed entry level status, characterization of service as honorable is not authorized unless the Marine's record is otherwise so meritorious that any other characterization clearly would be inappropriate and the separation is approved by the GCMCA.

Comentario: "GCMCA" significa "General Courts-Martial Convening Authority" (el responsable de los consejos de guerra generales).

When characterization of service under other than honorable conditions is not warranted for a Marine in entry level status, the separation shall be uncharacterized. Separation processing for a series of minor disciplinary infractions or a pattern of misconduct may not be initiated until the member has been counseled per the guidelines for counseling in paragraph 6105. Counseling per paragraph 6105 and rehabilitation are not required if the basis of separation is commission of a serious offense, a civilian conviction, or a similar juvenile adjudication, or drug abuse. Process per provisions of paragraph 6303 or 6304 as appropriate. Actions on related misconduct separations:

• a. Misconduct involving a fraudulent entry shall be processed under paragraph 6204.3;

 

• b. Offenses involving drug abuse shall be processed for separation by reason of the appropriate drug abuse offense in paragraph 6210.5, as well as other applicable reasons in this Manual; and

 

• c. See reference (cl) MCO P1400.32D W/CH 1-2, regarding nonpunitive reductions relating to professional incompetence and competency review boards.
• d. Sexual misconduct based discharges shall be processed under paragraphs 6210.6 or 6210.7.
• e. Any court-martial conviction or civilian conviction (or ruling tantamount to a finding of guilty by a civilian court) is binding on an administrative board. A conviction from a court of a foreign nation,however, is not binding on an administrative board.

2. Minor Disciplinary Infractions. A Marine may be separated when there is, in his or her service record book, a documented series of at least THREE minor disciplinary infractions, during the current enlistment or extension thereof, of a nature which have been or would have been appropriately disciplined under Article 15, UCMJ, nonjudicial punishment. When multiple offenses have been the subject of one nonjudicial punishment, they remain separate offenses for the purpose of determining eligibility for processing under this paragraph. If separation of a member in entry level status is warranted solely by reason of minor disciplinary infractions, the processing should be under Entry Level Performance and Conduct. Separation processing may not be initiated until the Marine has been counseled per paragraph 6105. The notification procedure contained in paragraph 6303 may be used if characterization of service under other than honorable conditions is not warranted and if the Marine has less than six years of total military service, including inactive-service in the Ready Reserve as a poolee in the Delayed Entry Program.

.3. A Pattern of Misconduct

• a. A minimum of TWO incidents occurring within one enlistment is required. Misconduct occurring in an extension of an enlistment is considered to be within one enlistment. The infractions may be minor or more serious. There must be discreditable involvement with civil or military authorities or conduct prejudicial to good order and discipline. The misconduct need not have been the subject of NJP or military or civilian conviction.

Comentario: "NJP" significa "Non-judicial Punishment" (un castigo no judicial).

Such incidents include, but are not limited to, an established pattern of minor unauthorized absences; an established pattern of dishonorable failure to pay just debts;  an established pattern of dishonorable failure to contribute adequate support to family members or comply with orders, decrees, or judgments of a civil court concerning support of family members; or an established pattern of child abuse or domestic, intimate partner, and immediate family member abuse. The incidents of misconduct do not have to be of the same nature. Separation authorities do not have to wait for a second incident of misconduct to begin processing for administrative separation if another basis is sufficient.

  The incidents of misconduct do not have to be of the same nature.

• b. Separation processing may not be initiated until the Marine has been counseled per paragraph 6105. The notification procedure contained in paragraph 6303 may be used if characterization of service under other than honorable conditions is not warranted and if the Marine has less than six years of total military service, including inactive-service in the Ready Reserve as a poolee in the Delayed Entry Program.

4. Sexual Misconduct

• a. Sex Offender. “Sex Offense” is not a specific basis for discharge. Marines who are convicted of a sex offense under the guidelines of the Sex Offender Registration and Notification Act, whether in a civilian criminal court or court-martial, and in the case of a court-martial conviction, if not

punitively discharged, shall be processed for separation under paragraph 6210.6 or 6210.7, as appropriate.

• b. Sexual misconduct includes conduct that could form the basis for a violation of the following Articles of the UCMJ and result in sex offender processing per reference (v) DoDI 1325.07 appendix 4 to enclosure (2). Additionally, any offense alleged as sexual misconduct must have been in effect at the time the underlying conduct occurred...

5. Drug Abuse

a. Commanders shall process Marines for administrative separation for illegal, wrongful, or improper use, possession, sale, transfer, distribution, manufacture, importation into the customs territory of the United States, exportation from the United States, or introduction on a military installation, vessel, vehicle, or aircraft used by or under the control of the Armed Forces, of any substance that is listed on a schedule of controlled substances by the President or in Schedules I through V of Section 202 of the Controlled Substances Act, reference (d) Title 21 U.S.C. Section 812, or opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, marijuana, steroids, any compound or derivative of any such substance, or any other dangerous or illicit drug or other forms of substance abuse (such as designer drugs, fungi, chemicals not intended for human consumption, spice, bath salts, etc.) as defined in reference (ax) SECNAVINST 5300.28E, and/or the possession, sale, or transfer of drug paraphernalia as defined in reference (ax) SECNAVINST 5300.28E. Commanders shall also process Marines who attempt to engage in any of the aforementioned activities.

Comentario: La frase "shall process Marines for administrative separation" quiere decir que le tienen que separar (discharge) por estos actos.

Evidence obtained from an involuntary urinalysis administered pursuant to an inspection under Military Rules of Evidence in the current version of reference (am) Manual for CourtsMartial (MCM), or from a search and seizure under Military Rules of Evidence 311 through 317, or incident to an examination conducted for a valid medical reason, may be used to characterize a Marine’s discharge as under other than honorable conditions (see paragraph 1004.4e(1)). The procedures contained in paragraph 6304 shall be used when separating a Marine under these provisions, unless a characterization of service more favorable than other than honorable is warranted.

b. Except as provided below, all Marines (regardless of pay grade) identified for mandatory processing under the criteria of paragraph 6210.5a will be processed for administrative separation by reason of misconduct, due to drug abuse, on the first offense. Processing is not required if:

(1) The offense has been adjudicated at a general or special court martial, and the sentence approved by the convening authority includes a punitive discharge (suspended or unsuspended), or

(2) The limitations of paragraph 6106.1 apply.

c. Self-referral for drug use constitutes confirmation of illegal drug abuse and requires a Marine to be processed for administrative separation. The Voluntary Drug Exemption Program is no longer applicable. However, a Marine's voluntary submission to a DoD treatment and rehabilitation program, and evidence voluntarily disclosed by the Marine as part of the course of treatment in such a program may not be used against the Marine on the issue of characterization of service.

Comentario: Si se entrega voluntariamente a un programa de tratamiento y rehabilitación del Departamento de Defensa (DoD), le tienen que separar, pero no afecta a su calificación de servicio.

This limitation does not apply to:

(1) The introduction of evidence for the purpose of impeachment or rebuttal in any proceeding in which evidence of drug abuse has been first introduced by the Marine; or

(2) The taking of action based on independently derived evidence, including evidence of continued drug abuse after initial entry into a treatment and rehabilitation program.

d. Marines separated for drug abuse will be screened for drug dependency at a Substance Abuse Counseling Center (SACC) and provided treatment prior to separation. If the Marine is not within a reasonable commuting distance from a SACC, he/she may be screened by an appropriate credentialed health care provider, either civilian or military. Under special circumstances, Marines will be referred to the VA or other rehabilitation centers for counseling and/or treatment. Commanders must comply with reference (cb) MCO 5300.17 for VA referral requirements. ...

6. Commission of a Serious Offense

a. A Marine may be processed for separation for commission of a serious military or civilian offense under the following circumstances:

(1) The specific circumstances of the offense warrant separation; and

(2) A punitive discharge would be authorized for the same or a closely related offense under the UCMJ.

b. A military or civilian conviction is not required for discharge under this provision.

c. If the Marine has less than six years of total military service, including inactive-service in the Ready Reserve as a poolee in the Delayed Entry Program, the notification procedure contained in paragraph 6303 may be used if characterization of service under other than honorable conditions is not warranted, except when the factual basis for separation is based on sexual misconduct under paragraph 6210.4.

7. Civilian Conviction

a. Commanders may process Marines for separation when civilian authorities (foreign or domestic) have convicted a Marine or taken action which is tantamount to a finding of guilty, including similar adjudication in juvenile proceedings, when:

(1) the specific circumstances of the offense warrant separation, and

(2) a punitive discharge would be authorized for the same or a closely related offense under the UCMJ; or

(3) the sentence by civilian authorities includes confinement for 6 months or more without regard to suspension or probation.

b. Separation processing may be initiated whether or not a Marine has filed an appeal of a civilian conviction or has stated an intention to do so. However, execution of an approved separation should be withheld pending outcome of the appeal or until the time for appeal has passed, unless the Marine has requested separation or the member's separation has been requested by the CMC. Such requests must be approved by the Secretary of the Navy who may direct that the member be separated before final action on the appeal.

Comentario: "CMC" significa "Commandant of the Marine Corps" (comandante del los Marine Corps).

c. For special provisions regarding characterization of discharge based upon civilian conviction in the case of a Reservist, see paragraph 1004.4d.

d. If the Marine has less than six years of total military service, including inactive-service in the Ready Reserve as a poolee in the Delayed Entry Program, the notification procedure contained in paragraph 6303 may be used if characterization of service under other than honorable conditions is not warranted, except when the factual basis for separation is based on sexual misconduct under paragraph 6210.4.

8. Sexual Harassment and Wrongful Distribution or Broadcasting of an Intimate Image

a. See paragraphs 1002.59 and 1002.64 of this Manual for definitions.

b. Sexual harassment and wrongful distribution or broadcasting of an intimate image may also meet the definition of sexual misconduct under paragraph 6210.4. The procedures contained in paragraph 6304 shall be used when separating a Marine when any part of the basis for separation includes a substantiated incident of sexual misconduct.
c. Processing for administrative separation is mandatory following the first substantiated incident of sexual harassment or wrongful distribution or broadcasting of an intimate image involving any of the following circumstances:
(1) Threats or attempts to influence another’s career or job for sexual favors;
(2) Rewards in exchange for sexual favors; or,
(3) Physical contact of a sexual nature which, if charged as a violation of the UCMJ, could result in a punitive discharge.
(4) Violation of Article 1168 of reference (ao) United States Navy Regulations 1990 W/CH 1, including, but not limited to, the distribution or broadcasting of an intimate image, without consent, if done for personal gain; or with the intent to humiliate, harm, harass, intimidate, threaten, or coerce the depicted person; or with reckless disregard as to whether the depicted person would be humiliated, harmed, intimidated, threatened, or coerced.
d. An incident is considered substantiated when there has been a court martial conviction, a civilian court conviction, nonjudicial punishment, or the commander determines, based on a preponderance of the evidence, that an incident sexual harassment has occurred.
e. Only the SA-IDA or higher may determine that processing under this paragraph is an appropriate disposition. This paragraph is not intended to preclude disciplinary action to include trial by court-martial when appropriate.
f. The basis for separation shall be under paragraph 6210.2 (minor disciplinary infractions); 6210.3 (pattern of misconduct); 6210.6 (commission of a serious offense); or 6210.7 (civilian conviction). Counseling per paragraph 6105 is not required for processing a Marine for separation under this paragraph, unless the Marine is processed under paragraph 6210.2 or 6210.3.

9. Dissident and Protest Activity (Including Supremacist Activity)

a. Processing for administrative separation is mandatory following the first substantiated incident of misconduct resulting from the members participation in extremist or supremacist activities which, in the independent judgment of an administrative separation board convening authority, is more likely than not to undermine unit cohesion or be detrimental to the good order, discipline, or mission accomplishment of the command. Such misconduct must relate to:

(1) Illegal discrimination based on race, creed, color, sex, religion, or national origin; or

(2) Advocating the use of force or violence against any Federal, State, or local government, or any unit or agency thereof, in contravention of Federal, State, or local laws.

b. An incident is considered substantiated when there has been a court martial conviction, nonjudicial punishment, or an administrative separation board convening authority determines, based on a preponderance of the evidence, that the member has engaged in supremacist or extremist conduct.

c. The basis for separation shall be under paragraph 6210.2 (minor disciplinary infractions); 6210.3 (pattern of misconduct); 6210.6 (commission of a serious offense); or 6214 (separation in the best interest of the service). Note, however, that paragraph 6210.2 and 6210.3 may not be used unless the Marine has been previously counseled concerning misconduct per paragraph 6105.

d. The least favorable characterization is under other than honorable conditions, if an administrative board procedure (paragraph 6304) is used. Characterization is honorable, general (under honorable conditions), or uncharacterized (entry level separation), if the notification procedure (paragraph 6303) is used. Refer to paragraph 6210.2, 6210.3, 6210.6, and 6214 to determine the applicability of paragraphs 6303 and 6304.

10. Driving Under the Influence

a. A Marine may be processed for separation for driving under the influence following a substantiated incident.

b. An incident is considered substantiated when there has been a court martial conviction, nonjudicial punishment, a civilian conviction, or an administrative separation board convening authority determines based on a preponderance of the evidence that the member has engaged in the act of driving under the influence.

c. The basis for separation shall be under paragraph 6210.3 (pattern of misconduct); 6210.6 (commission of a serious offense); 6210.7 (civilian conviction); or 6214 (separation in the best interest of the service). Note, however, that paragraph 6210.3 may not be used unless the Marine has been previously counseled concerning misconduct per paragraph 6105. The least favorable characterization is under other than honorable conditions, if an administrative board procedure (paragraph 6304) is used. Characterization is honorable, general (under honorable conditions), or uncharacterized (entry level separation), if the notification procedure (paragraph 6303) is used. Refer to paragraphs 6210.3, 6210.6, 6210.7, and 6214 to determine the applicability of paragraphs 6303 and 6304.

d. Processing for administratvie separation for driving under the influence is mandatory following the second substantiated incident. For the purposes of mandatory processing under this paragraph, a second substantiated incident is defined as a conviction at court-martial for operating a vehicle impaired or with a blood alcohol concentration that exceeds the limit proscribed in Article 113, UCMJ, a civilian conviction for driving under the influence that is substantially equivalent to a violation of Article 113, or nonjudicial punishment for driving under the influence in violation of Article 113. The first substantiated incident necessary to trigger mandatory processing must have occurred during the Marines current enlistment and the Marines service record book must indicate that the Marine was counseled concerning the earlier substantiated incident per paragraph 6105. Preservice misconduct shall not be considered for determining whether mandatory processing is required.

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