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

Docket No. MD00-00489

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

 ex-Pvt, USMC
Docket No. MD00-00489

Applicant’s Request

The application for discharge review, received 000306, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  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 000928.  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.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  To the review board, I've been discharged from the service just under 14 years ago.  Unfortunately my time in the service ended horribly.  Plenty of good also came out of it, as a husband, employee and citizen from what was instilled in me from boot camp I treat everyone with respect hoping in return I'll be treated the same.  I matured greatly since my time in the service and would not change a thing.  You live and learn and can only hope to take from every experience something that will better one's self.  It seems to me that stating drug abuse for my discharged papers is unwarranted.  I failed a post leave drug screen on one base then upon returning to my duty station I failed another one in less than a one month period.  And since marajuana stays in your system for at least thirty days I feel I was penelazed twice for the same infraction as stated on my DD 214.  Looking at that peice of paper I feel I'm pertrayed as a multiple drug offender which is just not true.  I don't feel my time in the service should reflect an isolated incident that I made on leave using very poor judgement!  I also do not understand (admin discharge board req but waived), to me it seems like the need to degrade my character further.  I'm sure a number of other individuals failed drug screens and were given a second chance and are still serving our country today.  I hope this don't feel my short time as a Marine should be summed up the way it is on my DD 214.  Thank-you for your time.

Documentation

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

Character reference dated March 27, 2000
Character reference undated
Character reference dated March 27, 2000
Character reference dated April 5, 2000
Character reference dated March 22, 2000
Police record check dated March 29, 2000 and March 27, 2000

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		840210 - 840226	COG

Period of Service Under Review:

Date of Enlistment:  840227		Date of Discharge:  860417

Length of Service (years, months, days):

	Active:    02  01  21
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  74

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.5*			Conduct:  4.6*

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR, MM

Days of Unauthorized Absence:  16 

*Extracted from SJA Memo dated 22 March 1986

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:

860212:	NJP for violation of UCMJ, Article 86
Specification: Unauthorized absence from 0730, 15Jan86 to 2015, 31Jan86 (16 days/apprehended).
Awarded forfeiture of $100.00 per month for 2 months, reduction to PFC.  Not appealed.

860304:	NJP for violation of UCMJ, Article 112A:
Specification: Wrongfully use marijuana between 2Jan86 and 3Feb86.
Awarded forfeiture of $150.00 per month for 2 months, reduction to Pvt, 60 days restriction.  Not appealed.

860317:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

860318:	Applicant advised of his rights and having consulted 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.

860319:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was nonjudicial punishment of 4 March 1986 for use of marijuana. 

860322:	SJA review determined the case sufficient in law and fact.

860326:	GCMCA [Commanding General, 3d Force Service Support Group] 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 860417 under other than 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 the applicant’s issue 1, the NDRB determined this issue is without merit.  The Board reviewed the applicant’s record and all accompanying documents for propriety and equity.  There were no errors in the discharge process or determination of the characterization of his discharge.  The board finds that the discharge was proper and equitable.  Relief denied.

The following is provided for the applicant's edification.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (D).  However, 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 the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, 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, is considered.  The applicant should provide evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, further certification of non-involvement with civil authorities and proof of his not using drugs in order for consideration for relief based on post-service conduct.  At this time the applicant has not provided sufficient documentation of good character and conduct.  Therefore no relief will be granted.

It is suggested that the applicant request/review a copy of his Official Military Personnel File (OMPF) from the below address via letter or a Standard Form 180.  He is further encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.   Accordingly, your application must be received by this board before April 16, 2001.  

National Personnel Records Center (Military Personnel Records)
9700 Page Boulevard
St, Louis, MO 63132
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.  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 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/A9235/A9221/A9217/