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

ex-Sgt, USMC
Docket No. MD03-00885

Applicant’s Request

The application for discharge review was received on 20030416.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a personal appearance discharge review before a traveling panel closest to Riverside County, CA.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington, D.C. area.  Subsequent to the application, the Applicant obtained representation by the Veterans of Foreign Wars.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 20040928.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was four to one that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Drug abuse (with administrative discharge board), authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “Navy Council of Personnel Boards: Sir: I emigrated from Jamaica and enlisted in the USMC in 1978.  I was discharged eleven years later.  During my career I received decorations, medals and badges as indicated on my DD 214 attached.  In 1985 I was the honor graduate at the NCO Acedemy on Camp Pendleton, that was the highlight of my career.  I was a good marine sergeant.  I however, battled depression with post traumatic stress disorder.  As a child I grew up in a dysfunctional home and was repetedly physically and sexually abused for 17 years.  As an adult I struggled with trying to prove that I could be the best, but in my solitude I felt violated and defeated.  I had lacked insight into my abuse and eventually used mind altering substance, marijuana and cocaine to deaden those feelings; instead of seeking the appropriate counseling. I was discharged other than honorable with misconduct drug abuse after a positive drug test for cocaine.  Sir, since my discharge in 1989, I have renewed myself in mind body and spirit through personal counseling and education.  I was a victim, but now a survivor and a helper.  I have dedicated my life to work with and to educate and protect disadvantaged and at risk children.  I currently work as a Child Protective Social Service Worker with the Riverside County, Dept of Public Social Services, Child Protective Services, (address and telephone number deleted).  Sir, this is a good time of my life.  My daughter, PFC P_ H_, is a member of the Army National Guard and daughter S_ is planning to follow in my footsteps to the Marines.  I graduate June 03, with a doctorate in clinical psychology, from Trinity College of Graduate Studies (1-888-387-4648).  At this time, I am requesting a pardon for my misconduct to erase the blemish on a great career experience in the USMC.  I am requesting that my discharge be upgraded to honorable.

Yours Respectfully:

H_ H_ H_, MA, PsyD, Intern
Semper Fi”

Additional issues submitted by the Applicant’s representative (Veterans of Foreign Wars):

2.  “Honorable discharge with Clemency due to post service.”

Documentation

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

Applicant’s DD Form 214
Certificate of Commendation, dated February 12, 1985
Job/character reference from Campus Director, Keystone Academy Ramona, undated
Employment confirmation letter, dated May 14, 2003
Letter from President, CEO, Trinity College of Graduate Studies, dated May 21, 2003
Letter from Applicant, dated May 26, 2003
Trinity College of Graduate Studies certificate of Doctorate in Psychology, dated July 27, 2004
Applicant’s business card
PART II - SUMMARY OF SERVICE

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

	Inactive: USMCR(J)		780918 - 790429	COG
	Active:   USMC		790430 - 830224	HON
	               USMC		830225 - 870312	HON

Period of Service Under Review:

Date of Enlistment:  870313		Date of Discharge:  890817

Length of Service (years, months, days):

	Active:    02  05  05
	Inactive:  None

Age at Entry:  33			Years Contracted:  4

Education Level:  11			AFQT:  47

Highest Rank:  Sgt			MOS:  1341

Final Enlisted Performance Evaluation Averages: All enlisted performance reports were available to the Board for review with the exception of a gap between 870229-870715.

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR (2), MCEM, GCM (3), Certificate of Commendation, NUC, MM

Days of Unauthorized Absence:  None

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

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

Chronological Listing of Significant Service Events:

870313:	Applicant reenlisted for 4 years.

890110:	NAVDRUGLAB San Diego, CA, reported Applicant’s urine sample, received 881230, tested positive for cocaine.

890307:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

890308:	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

890321:	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 use of illegal drugs.  

890323:	Medical evaluation for drug abuse found the Applicant to be a drug abuser, not drug dependent.  

890626:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

890727:	SJA review determined the case sufficient in law and fact.

890727:	GCMCA [Commanding General, 1st Force Service Support Group, FMFPac, Camp Pendleton, CA] 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 19890817 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.  Drug abuse warranted processing for separation.  Separation under these conditions generally results in characterization of service under other than honorable conditions.  The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  Relief denied.

Issue 2.  The Applicant’s discharge characterization accurately reflects his service to his country for the enlistment under review.  Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question.  No such inequity or impropriety 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, or good conduct in civilian life, subsequent to leaving the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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.  Despite the Applicant’s accomplishments since his final discharge, his post-service conduct was found not to mitigate his misconduct during the service period under review sufficient to warrant an upgrade to his discharge.  Relief not warranted.

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