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

Docket No. MD02-00667

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

 ex-PVT, USMC
Docket No. MD02-00667

Applicant’s Request

The application for discharge review, received 020409, 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 030124.  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, as submitted

   To whom it may concern,
In reference to my separation from military service, I am writing to you requesting the upgrade to Honorable.  I feel that my discharge was inequitable because it was based on few events that occurred during a three month period as opposed to the two years, nine months of outstanding service I gave. I entered the U.S. Marines in December of 1995 as a Correctional Specialist (5831) at MCB Quantico, VA., brig Company, Security Battalion.  For the entire tour of my service with the exception to the months of October to December, I was considered to be an outstanding Marine.  You can see the evidence of this by reviewing my proficiency and conducts marks, rifle range and physical fitness scores, as well as receiving a "Good Conduct Medal" on September 16, 1998. I volunteered for as much as possible in my field of work by completing numerous MCI courses prescribed by Col.  D_ G. D_, Director, MCI, and a 30 hour course on gang affiliations giving by The U.S. Department of Justice; National Institute of corrections (NIC).  I was a certified instructor for the Presidential Physical Fitness Council, and recognized by the U.S. 0. for supporting and enhancing morale and welfare to the men and women of the Armed Forces.  I have received a personal letter of appreciation from Brigadier General R_ J. C_, Jr. USAF, for volunteering my assistance with the Gateway Youth Camp at Lackland AFB, San Antonio, TX.  I was awarded a Meritorious Mast for displaying a, "...high degree of initiative, professionalism, and technical competence" by Chief Warrant Officer 5 J.D. A_, USMC, who also described me as, "...an outstanding Marine and an example for all to emulate".  I was recommended by my unit supervisors to be meritoriously promoted and therefore was continually sent up for company and battalion level boards, often completing in the top two finalists. The reason for my explaining this is that if it were not for the thoughtless actions I involved myself in resulting in my separation from the Marine Corps, I would to this day still be serving my country and Corps with the dedication and faithful service I had once.  It is humiliating to have disgraced myself the way I have and there is no excuse for my behavior.  I wish now to resolve these issues and further my life in a respectable manner.  After my separation from the military, I began a career in civilian law enforcement.  Now I am currently applying for employment in federal prisons as a corrections officer, as well as working towards a degree in criminal justice at a local college.  If I may be granted an Honorable discharge, I will be able to use my Montgomery G.I. Bill to further my education in the field of law.  I also may consider the option of re-enlisting in the U. S. Navy as a commissioned officer. 

 I can only meet these goals with an Honorable discharge from my prior service.  Please do consider the things I have said as my sincere feelings and extinguish my past so that I may begin to start over now.  Thank you for your time and patience to read this and review my case.  I greatly appreciate it.

Semper Fidelis,
E_ D_ L_
USMC

Documentation

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

8^TH District Constituent Information Form
Letter from Congressman J_ C. G_
Letter of Response from Office of Legislative Affairs
Copies of DD-Form 214 (2)
Copies of Service/Medical Documents (50 pages) 

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		951220 - 951225	COG

Period of Service Under Review:

Date of Enlistment:  951226		Date of Discharge:  981214

Length of Service (years, months, days):

	Active:    02  11  19
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  55

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.5 (5)			Conduct:  4.5 (5)

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Marksman 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:

951128:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

980716:	NJP for violation of UCMJ, Article 112a: Wrongfully use marijuana, a controlled substance.
Awarded forfeiture of $568.00 pay per month for 2 months, restriction for 60 days to the limits of SecBn, MCB, Quantico without suspension from duty, reduction to E-2.  Not appealed.

980820:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

980826:	Applicant advised of her rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

980827:	Counseled for deficiencies in performance and conduct.  [Illegal drug involvement, marijuana usage identified through voluntary statement to the Criminal Investigation Division.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

981002:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was PFC L_'s wrongful use of a controlled substance. 

981103:	Counseled for deficiencies in performance and conduct.  [Failure to obey order or regulation, by engaging in sexual activities, in BEQ #2002.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

981125:	Applicant waived Administrative Discharge Board.

981130:	NJP for violation of UCMJ, Article 86: Failure to go at the time prescribed to rifle range detail; violation of UCMJ, Article 86: Failure to go at time prescribed to place of duty.
Awarded forfeiture of $460.00 pay per month for 2 months (suspended for 6 months), restriction for 60 days, reduction to E-1.  Not appealed.

981201:	SJA review determined the case sufficient in law and fact.

981207:	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 981214 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).

Issue 1.  There is credible evidence in the record that the Applicant used illegal drugs. Despite the positive aspects of the Applicant’s record, drug abuse warranted processing for separation, normally under other than honorable conditions.  The discharge was proper and equitable.  Relief denied.

The Applicant’s discharge characterization accurately reflects her service to her country.  The discharge was proper and equitable.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity occurred during the Applicant’s enlistment.  Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, to enhance employment opportunities, or for good conduct in civilian life, subsequent to leaving the service.  Relief denied.

She is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her discharge. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210, MISCONDUCT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 31 Jan 97 until 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

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/A9217/A9201/A9203/A9445/A9439/A9221