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Docket No. MD06-00528

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

FOR OFFICIAL USE ONLY

ex-LCpl, USMC
Docket No. MD06-00528

Applicant’s Request

The application for discharge review was received on 20060306.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record discharge review.  The Applicant did not designate a representative on the DD Form 293.  

Decision

A documentary discharge review was conducted in Washington, D.C. on 20061214.  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 unanimous that the characterization of the discharge shall not change.  The discharge shall remain Under Other Than Honorable Conditions by reason of misconduct due to drug abuse.

The NDRB did note administrative error(s) on the original DD Form 214.  Block 24, Character of Service, should read:  “UNDER OTHER THAN HONORABLE CONDITIONS.” The Commandant, Headquarters USMC, Quantico, VA, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues:

Equity – one isolated incident
Equity – post service

Documentation

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

Ltr from Applicant, dtd August 12, 2005  (2 pages)
Character Reference ltr from Rev B_ S. B_, senior Pastor, Cherry Creek Community Church, dtd August 17, 2005
Character Reference ltr from D_ G. S_, dtd August 10, 2005
Applicant’s DD Form 214  (Member 4)
Ltr from Department of Veterans Affairs, dtd February 1, 2001
Ltr from Second Platoon, Platoon Commander, dtd February 12, 1998
Applicant’s Performance counselings  (7 pages)
Grade Report from Moody Bible Institute, dtd 2005
Moody Bible Institute _Unofficial Academic Record, dtd Spring 2006 and Fall 2005  (2 pages)
Presidential Recognition Award, J_ C_, President and CEO, dtd 2002
Certificate of Achievement completion of Advisor Success Workshop
NASD PROCTOR Professional Development Centers, Candidate Session Score Report
State of Michigan Insurance continuing education course completion certificate for Creating Retirement Income, dtd October 3, 2002
State of Michigan Insurance continuing education course completion certificate for Estate Planning – The most common Trust Strategies, dtd May 5, 2002
State of Michigan Insurance continuing education course completion certificate for Business Valuation and Transition, dtd September 19, 2001
State of Michigan Insurance continuing education course completion certificate for Optimal Life Insurance Solutions, dtd February 6, 2003
State of Michigan Insurance continuing education course completion certificate for Education Planning Strategies, dtd October 3, 2002
Certificate of Membership from Cherry Creek Community Church, dtd October 31, 2004

PART II - SUMMARY OF SERVICE

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

	Inactive:  USMCR (DEP)	19960618 - 19961117	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19961118		Date of Discharge:  19991108

Length of Service (years, months, days):

Active:    02  11  21  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  20

Years Contracted:  4 

Education Level:  12 + College		AFQT:  52

Highest Rank:  Cpl				MOS:  0313

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  NA*				Conduct:  NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  Armed Forces Expeditionary Medal, Sea Service Deployment Ribbon, Rifle Marksman Badge

*Not Available

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:

960617:	Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs. 

990607:	NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 990527, tested positive for MDA, MDMA.

990727:	NJP for violation of UCMJ, Article 112a:
	Specification:  In that Corparal J_ L. B_ (Applicant), did, at an unknown location, on or about 990524, wrongfully use methylene dioxyamphetamine, methylene dioxymethemphetamine (Ecstasy), a schedule I controlled substance. 
Award:  Forfeiture of $589.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-3.  Not appealed.

990902:	Applicant notified of intended recommendation for discharge.  Applicant informed that the least favorable character of service possible was discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was [the Applicant’s] illegal drug abuse.  

990902:	Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.

990908:	Commanding Officer, 1^st Light Armored Reconnaissance Battalion, recommended that the Applicant be discharged with an under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was drug abuse and [Applicant’s] disregard for the rules and regulations of the UCMJ.  Commanding Officer’s Comments:  On 990727 he was convicted at Battalion level NJP for the violation of Article 112a:  Use of a controlled substance to wit:  methylene dioxyamphetamine, methylene dioxymethemphetamine (Ecstasy).

991020:	Waiver of Administrative Separation Board Ltr, dtd October 20, 1999.
	Applicant waived his right to a hearing before an administrative discharge board.   He understands that the discharge may be characterized as under other than honorable conditions.  Applicant consulted with counsel.

991101:	SJA review determined the case sufficient in law and fact.

991103:	Commanding General, 1^st Marine Division directed that the Applicant be separated by reason of misconduct due to drug abuse.  The characterization of service directed was Under Other Than Honorable Conditions.

Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19991108 by reason of misconduct due to drug abuse (A) with a service characterization of under other than honorable conditions.  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 (B and C).  The Board presumed regularity in the conduct of governmental affairs (D).

The Applicant states his discharge was based on “one isolated incident.”  Despite a servicemember’s prior record of service, certain serious offenses, even though isolated, warrant separation from the Naval service in order to maintain proper order and discipline.  Mandatory processing for separation is required for Marines who abuse illegal drugs.  Separation under these conditions generally results in characterization of service under other than honorable conditions.  There is credible evidence in the record that the Applicant used illegal drugs.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considers his discharge proper and equitable.  Relief denied.

The Applicant requested upgrade of his discharge based on post service accomplishments.  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.  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.  After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate.  The evidence of post-service conduct provided by the Applicant was found not sufficient to mitigate the conduct, which precipitated the discharge.  Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this 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 31 August 2001.

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.  

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 “http://Boards.law.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:

		Secretary of the Navy 	Council of Review Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023