Author: CAP
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Docket No. MD00-00444

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

 ex-LCpl, USMC
Docket No. MD00-00444

Applicant’s Request

The application for discharge review, received 000217, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000919.  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: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Drug abuse (with admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.5.

The NDRB did note an administrative error on the original DD Form 214.  Block 26, Separation Code should read:  "HKK1" vice "HKA1.  Block 28, Narrative Reason for Separation should read:  “Misconduct Drug Abuse” vice “Pattern of Misconduct”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I am submitting this because, I feel that even though I was given an OTH, I have been a model citizen.  I feel that the good conduct medal I received along with the meritorious mast awards I received during my enlistment showed I was a good marine.  Even though I was weak a few times I did my job in an outstanding manner.  My pro and cons show that my superiors thought I did my job above average.  I respectfully hope my request is granted.

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		790727 - 821101	HON
	Inactive: USMCR(J)		790616 - 790726	COG

Period of Service Under Review:

Date of Enlistment:  821102		Date of Discharge:  850604

Length of Service (years, months, days):

	Active:  02  07  02
	Inactive:  None

Age at Entry:  19			Years Contracted:  3 

Education Level:  12			AFQT:  34

Highest Rank:  Cpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.53 (6)		Conduct:  3.9 (6)

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Marksman Badge, Pistol Marksman Badge, GCM, SSDR, Meritorious Mast (3) 

Days of Unauthorized Absence:  None 

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

UNDER OTHER THAN HONORABLE CONDITIONS /Misconduct-Drug abuse (admin discharge board required but waived), authority:  MARCORSEPMAN Par. 6210.5.

Chronological Listing of Significant Service Events:

830331:	NJP for violation of UCMJ, Article 134: Knowingly and wrongfully use marijuana a controlled substance.
Awarded forfeiture of $334.00 per month for 2 months, restriction and 
extra duties for 45 days (suspended for 3 months), reduction to E-3.  Not appealed.

830412:	Counseled for showing positive on the drug detection system.  Also counseled on the consequences of using marijuana and the possibility of being discharged under other than honorable, as stated in ALMAR 047/82.  SNM cannot be recommended or promoted for a period of six months from this date.
 
850423:	NJP for violation of UCMJ, Article 112a: Wrongfully use marijuana on or about 850329.
Awarded forfeiture of $412.00 per month for 2 months, reduction to E-3 Not appealed.

850502:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse 

850502:	Applicant advised of his rights and having elected 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. 

850508:	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 individual failed to conform to the standards of the Marine Corps.  During his current enlistment this individual has received two non-judicial punishments which were drug related.  

850524:	SJA review determined the case sufficient in law and fact.

850530:	GCMCA [Commanding General] directed the applicant's discharge under other than 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 850604 under other than honorable conditions for misconduct due to drug abuse (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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 (D and E).

In the applicant’s issue 1, the Board found that the applicant’s misconduct, consisting of 2 NJPs for wrongful use of marijuana, outweighed the positive aspects of his military service.  The Board therefore voted unanimously to have his discharge remain as other than honorable.  In addition the Board found that the applicant’s enlisted performance evaluation marks were average.  No relief will be granted based on this issue. 

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210 MISCONDUCT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C), Change 2, effective 15 Apr 84 until 28 Jul 87.

B.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article [ e.g., Article 112a, wrongful use of controlled substance].

C.  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.  

D.  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.

E.  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 view DoD Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  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/A9221/A9203/A9223/A9439/