Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. MD99-00934

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

 ex-PFC, USMC
Docket No. MD99-00934

Applicant’s Request

The application for discharge review, received 990630, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000512.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: MARCORSEPMAN 6210.5.

The NDRB did note an administrative error on the original DD Form 214.  Block 12a, Date Entered AD This Period, should read:  "94  07  12" vice "94  07  13:, Block 12c, Net Active Service This Period, should read:  "03  08  22" vice "03  08  21", Block 25, Separation Authority, should read:  "MARCORSEPMAN 6210.5" vice "MCO P1900.16 para 1105" and Block 28, Narrative Reason for Separation should read:  “MISCONDUCT” vice “Involuntary Discharge (Summary Court Martial) Drugs”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  Within my three years eight months and twenty-one days of service, this is the only incident on my service record.  Throughout my service in the Marine Corps, I have conducted and performed to the best of my ability.  I feel this incident should not stop me from furthering my education and attending college with the use of my G.I. bill.  There are no other incidents on my record and I feel my discharge should be changed to Honorable, giving me the opportunity to attend college.

Documentation

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

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:    None
	Inactive:  USMCR(J)		930806 - 940711	COG

Period of Service Under Review:

Date of Enlistment:  940712		Date of Discharge:  980403

Length of Service (years, months, days):

	Active:    03  08  22
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  54

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.5 (7)		Conduct:  4.4 (7)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, LOA, Rifle Marksmanship Badge, Rifle Expert Badge 

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  MARCORSEPMAN 6210.5. [Administratively corrected]

Chronological Listing of Significant Service Events:

930805:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

940712:	Enlistment contract documents admission of marijuana usage during the delayed entry program (used twice) prior to enlistment in the regular component.  Enlistment waiver granted. 

970806:	Counseled regarding deficiencies, specifically, the illegal use of marijuana, identified through urinalysis testing.  Advised that processing for admin separation for misconduct is mandatory.  Advised of corrective action.  Applicant chose not to make statement.  

970822:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by violation of Article 112A of the UCMJ.  Specifically, you did test positive for THC on an urinalysis conducted on 25 June 1997. 

970822:	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

970903:	Summary Court Martial
Charge I:  violation of UCMJ, Article 112a (1 Spec):
Specification:  did, at Camp Pendleton, CA, or an unknown location, on or about 25 June 1997, wrongfully use marijuana.
Findings:  Charge I:  Guilty
Sentence:  Forfeiture of 2/3 of one months pay, reduction to E-2.
CA 970903:  Approved and ordered executed.

971008:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation that member was found guilty at a summary Court-Martial of a violation of Article 112A. He was enlisted in the Marine Corps with a pre-service drug waiver for marijuana use while in the delayed entry program.  He was explained the Marine Corps policy on drug use prior to his use while in the delayed entry status.

971023:	SACO comment:  Evaluated by Dr. G_ on 20OCT97 and doctor recommended applicant be processed for admin separation due to positive urinalysis and attend command Level I pending separation.

980206:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

980206:	Applicant, advised of his rights and after having consulted with counsel certified under UCMJ Article 27B, requested a hearing before an Administrative Separation Board.
 
980210:	Administrative Discharge Board appointed.

980223:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge with a general (under honorable conditions).

980310:	SJA review determined the case sufficient in law and fact.

980310:	GCMCA [GC, I MEF, FMF, Camp Pendleton] directed the applicant's discharge with a general (under honorable conditions) by reason of misconduct due to drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980403 with a general (under honorable conditions) 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).

In response to the applicant’s issue, the Board rejects the contention that the discharge should be upgraded because the applicant served to the best of his ability and that this one incident should not stop him from furthering his education.  The applicant used marijuana, a drug he knew was illegal, was caught, court-martialed and administratively discharged in accordance with regulation.  Relief denied.  
Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210, MISCONDUCT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 to Present. 

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		Washington Navy Yard
		720 Kennon Street SE Rm 309
		Washington, D.C.  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A6600/A9217/A9303/A9439/A9225