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

Docket No. MD00-00855

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

 ex-PVT, USMC
Docket No. MD00-00855

Applicant’s Request

The application for discharge review, received 000626, 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 010201.  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 (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My discharge was unjust to the fact that it didn't follow USMC procedure or policy at the time. 

Documentation

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

Letter from Applicant
Character Reference Letters (2)
Police Record Check from Nassau County Police Department
Copies of DD Form 214 (2) 

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		890330 - 890423	COG

Period of Service Under Review:

Date of Enlistment:  890424		Date of Discharge:  901113

Length of Service (years, months, days):

	Active:  01  06  20
	Inactive:  None

Age at Entry:  23			Years Contracted:  4 

Education Level:  12			AFQT:  59

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.1 (7)		Conduct:  3.8 (7)

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Sharpshooter Badge 

Days of Unauthorized Absence:  None 

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

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

Chronological Listing of Significant Service Events:

890313:	Initial enlistment contract documents admission of pre-service marijuana experimentation.  Enlistment waiver granted. Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

900628:	NJP for violation of UCMJ, Article 112a: Wrongfully used cocaine on or about 900531.
Awarded forfeiture of $405.00 per month for 2 months, restriction and 
extra duties for 30 days, reduction to PFC.  Not appealed.

900709:	CAAC evaluation indicates applicant was diagnosed as poly dependent 
304.9 as indicated by using more than intended, excessive time involvement, use interferes with safety, increased tolerance, medicating withdrawls. 

900918:	CAAC indicates applicant failed to show for his pre-care on 900905 and 900912.

900918:	Counseled concerning refusal of orders to Level III treatment, disciplinary and discharge warning issued.

901011:	NJP for violation of UCMJ, Article 92: Did on or about 900912 refused BNCO's order to participate in Level III treatment ARC, Miramar CA.
Awarded Forfeiture of $362.00 per month for 2 months, 30 days CC,  reduction to PVT.  Not appealed.

901017:	30 CC awarded on 901011 is hereby mitigated to 45 days restriction on 901012.	

901029:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of drug and alcohol abuse rehabilitation failure and misconduct due to drug abuse.

901030:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

901030:	Commanding Officer, 3d Light Antiaircraft Missile Battalion recommended discharge under other than honorable conditions by reason of drug and alcohol abuse rehabilitation failure and misconduct due to drug abuse.  The factual basis for this recommendation was your refusal/failure to participate in or cooperate in your own recovery coupled with your illegal drugs as evidenced by one nonjudicial punishment for use of cocaine.

901031:	Commanding Officer, Marine Air Control Group 28 concurred with the recommendation of the CO that the respondent receive a discharge under other than honorable conditions by reason of drug and alcohol abuse rehabilitation failure and misconduct due to drug abuse.

901106:	SJA review determined the case sufficient in law and fact.

901106:	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 901113 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).

The applicant alleges that the Marine Corps did not follow proper procedures.  The Board disagrees.  The applicant was correctly processed.  Relief denied.

The applicant is reminded that he is eligible for a personal appearance hearing provided that his application is received within 15 years from the date of his discharge.     

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210, Misconduct, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95. 

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/A9453/A9217/A0107