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

Docket No. MD01-00923

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

ex-PFC, USMC
Docket No. MD01-00923

Applicant’s Request

The application for discharge review, received 010709, 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 020118.  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 (verbatim)

1.  I am writing in regards to the type of discharge I received while serving in the United States Marine Corps.  Failure to comply with the UCMJ rules and orders resulted in the end of my military career.  That decision I don't argue, and accept full responsibility for my actions.  This is not a letter providing excuses for my conduct, for there is none.  Instead I am corresponding with you in request of the upgrade of my discharge from Other Than Honorable, to General.  My reason for this request stems from my belief that the military is a very respectable and sought after organization.  Many people will take your having served in the Armed Forces as a vouch for your character and what they can expect from you in forms of employment, trust worthiness, and so on.  Although I made mistakes while serving in the Marine Corps, I have made it a personal mission to improve and learn from those very mistakes.  I can honestly say that the lesson learned was invaluable and I have taken all I could with me from the Marine Corps, and the mistakes that resulted in my discharge are mistakes no longer associated with my life.  And for that reason I asked that my discharge be upgraded to reflect the life I live present day, and not the bad decisions that were made before.  Along with this letter I am sending copies of various highlights of my short career, and asked that with this letter they also reviewed and considered while making your decision.  I thank you for your time.

Documentation

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

Copies of Letters of Appreciation (6)
Copy of PFC Meritorious Promotion Award
Letter in Support from Father in Law (2pgs)
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		961214 - 970804	COG

Period of Service Under Review:

Date of Enlistment:  970805		Date of Discharge:  990701

Length of Service (years, months, days):

	Active:    01  10  27
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  61

Highest Rank:  LCPL

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.2 (9)			Conduct:  4.2 (9)

Military Decorations:  None

Unit/Campaign/Service Awards:  Sharpshooter Rifle 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:

961122:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

981228:	Counseled for deficiencies in performance and conduct.  [Disrespect toward a Non-commissioned Officer; specifically; communicating a threat by saying "You better stay out of my business or I'll kick your ass" or words to that effect and making harassing phone calls.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990205:	Counseled for deficiencies in performance and conduct.  [pseudofolliculitis barbae]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990331:	Counseled for deficiencies in performance and conduct.  Illegal drug involvement; specifically, usage of a controlled substance, marijuana, identified through urinalysis testing, i.e., Lab Assession Number J9903120164, disciplinary and discharge warning issued.

990407:	NJP for violation of UCMJ, Article 86: Did on or about 0730, 990219 without authority absent himself from your work section until 0720, 990222; violation of UCMJ, Article 112a: On or about 990312, wrongfully use marijuana as confirmed by Naval Drug Lab, Jacksonville, FL, Accession #J9903120164; violation of UCMJ, Article 121: Did at MCAS, Beaufort SC, on or about 990305, wrongfully use a AFID card, the property of Cpl R____.
Awarded forfeiture of $525.00 per month for 2 months, restriction for 60 days, reduction to E-2.  Not appealed.

990419:	SACC Evaluation indicates applicant was evaluated by GySgt G___ and was determined to meet Diagnostic and Statistical Manual of Mental Disorders criteria for cannabis abuse.

990430:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

990430:	Applicant advised of his rights and having elected not 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.

990430:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was your service abuse of a controlled substance, namely, marijuana, as evidenced by Naval Drug Lab Jacksonville, Florida message R 252353Z MAR 99.  

990505:	Commanding Officer, Marine Corps Air Station Beaufort concurring with the recommendation of the Commanding Officer, Headquarters and Headquarters Squadron, that PFC P____ be discharged from the U.S. Marine Corps under paragraph 6210.5 of the reference by reason misconduct due to Drug Abuse, and that the characterization of service be Under Other Than Honorable.

990629:	SJA review determined the case sufficient in law and fact.
 
990629:	GCMCA, Commander, Marine Corps Air Base, Eastern Area, 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 990701 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).

Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  There was no such error in this case.  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.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.  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.  The applicant failed to provide sufficient documentary evidence to demonstrate he is a person of good character and conduct (proof of sobriety or no involvement with illegal drugs, community service, employment history, and clean police record).  The applicant remains 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 recommended.  Relief is 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.  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 112a.

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 “afls10.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/A9221