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

 ex-PVT, USMC
Docket No. MD00-00680

Applicant’s Request

The application for discharge review, received 000502, 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 001201.  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, authority: MARCORSEPMAN 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I am requesting a review of my Marine Corps discharge based upon my existing records and my performance since leaving the Corps in 1998.

2.  I performed my job in the Marines to the highest level.  My superiors could always depend upon me.  I worked in the shop even after I was scheduled for discharge.  I arrived at Camp Lejeune "Gun Ho" but was placed with Marines that were less motivated and allowed them to influence me in my off duty hours.

3.  My physical performance has always been hampered by severe "flat feet" since childhood.  I was treated by Shriner's Hospital but treatments were unsuccessful.  I managed through the pain to play football in high school, Marine Boot Camp, and Advanced Infantry Training.  I never quit, (fell out) until the corpsmen forced me to leave a march in 1998.  I was given every opportunity in Parris Island and Camp Lejeune to quit but I refused.  I do not believe I ever gave the Corps reasons to regret granting me an early waiver for my feet.

4.  Since my discharge I am working and attending college, studying Electronic Engineering with a GPA average 3.21 and will graduate with BS in Electronic Engineering in 2001.  I do not have any violations with the civilian authorities.  I appreciate your consideration of this application. 

Documentation

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

Copies of DD Form 214 (2)
Copy of Unofficial Transcript
Newspaper Article 
Copy of First Place Certificate from Mini Tech Fest
Meritorious Mast
Resume (3pgs)
Copies of Reference Letters (3)

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		960325 - 961027	COG

Period of Service Under Review:

Date of Enlistment:  961028		Date of Discharge:  980827

Length of Service (years, months, days):

	Active:    01  10  00
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  40

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (0)			Conduct:  4.1 (0)

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Marksmanship Badge 

Days of Unauthorized Absence:  None 

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  MARCORSEPMAN 6210.5.

Chronological Listing of Significant Service Events:

951126:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

970516:	NJP for violation of UCMJ, Article 92: Violate MARDET P3000.1K, by drinking in barrack 9300 at 2200, 970509.
Awarded forfeiture of $100.00 per month for 1 month, restriction and 
extra duties for 45 days, reduction to E-1 (suspended for 6 months).  Not appealed.

970918:	NAVDRUGLAB [JACKSONVILLE FL], reported applicant’s urine sample, received 970909, tested positive for Tetrahydrocannabinol.

971003:	NJP for violation of UCMJ, Article 112a: Wrongful use of controlled substance to wit: Marijuana on or about 970922.
Awarded forfeiture of $450.00 per month for 2 months, restriction and 
extra duties for 45 days, reduction to E-1.  Appealed.

971024:	NJP for violation of UCMJ, Article 134: Break Restrictions.
Awarded forfeiture of $450.00 per month for 2 months (suspended for 2 months), restriction and extra duties for 45 days.  Not appealed.

971104:  	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

971118:	Substance Abuse Evaluation Report indicates applicant was evaluated by a credentialed provided as a result of a command referral and the diagnosis was Drug Abuse (isolated incident).

971205:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse, recommended discharge be suspended for 12 months.

971205:	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 respondent's use of marijuana. 

980106:	Applicant waived Administrative Discharge Board. 

980112:	SJA review determined the case sufficient in law and fact.

980113:	GCMCA [Commanding Genera, 2d Force Service Support Group] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.  However, the discharge under other than honorable conditions will be suspended for a period of one year.

XXXXXX:	Applicant acknowledged rights to be exercised or waived during request for vacation of suspended administrative separation.

980722:	Commanding Officer, 2d Maintenance Battalion notified applicant of intent to vacate suspended administrative discharge under other than honorable conditions based on further misconduct as evidenced by your second wrongful use of marijuana.  This misconduct violated the conditions of your suspended separation.

980722:	Commanding Officer, 2d Maintenance Battalion notified Commanding General, 2d Force Service Support Group requesting vacation of suspended administrative discharge under other than honorable conditions based on upon his suspended administrative separation of 980113 and his subsequent further misconduct as evidenced by his second wrongful use of marijuana.

980730:	GCMCA [Commanding Genera, 2d Force Service Support Group] vacated suspended administrative separation dated 980113 due to further misconduct, 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 980827 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 issues 2 and 3, are non-decisional.  The Board found that the applicant’s age, educational level and test scores qualified him for enlistment.  The applicant indicates that he got placed with “Marines that were less motivated and allowed them to influence me in my off duty hours”.  The record is devoid of evidence that the applicant was not responsible for his conduct in his off duty hours or that he should not be held accountable for his actions.  The Board acknowledges that he had “flat feet”, however, he had a waiver for that condition.  Relief denied.

The Board found that the applicant received a drug waiver for his prior drug usage.  He also had a history of alcohol abuse.

In respect to issues 1 and 4, the Board acknowledges the applicant’s post service performance.  However, this is not sufficient to overcome the applicant’s continued drug use within the Marine Corps.  The applicant was processed for separation for drug usage twice.  His first separation was suspended for 1 year, but was vacated and directed issued when he reused drugs.  The applicant was given a second opportunity to correct his misconduct, but failed to do so. Relief denied.

Additional 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, may be considered by the NDRB.  Documentation of such conduct is encouraged.  The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

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 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