Author: CAP
Last saved by: joseph.curtis
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Docket No. MD06-00680

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

FOR OFFICIAL USE ONLY

ex-PFC, USMC
Docket No. MD06-00680

Applicant’s Request

The application for discharge review was received on 20060419.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions).  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 20070209.  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 character 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 28, Narrative Reason for Separation, should read:  “MISCONDUCT.”  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

None

Documentation

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

Applicant statement, unsigned and undated (2 pages)
Applicant’s DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USMCR (DEP)	19930908 - 19931031	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19931101		Date of Discharge:  19951201

Length of Service (years, months, days):

Active:    02  01  01
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  21

Years Contracted:  4

Education Level:  13				AFQT:  91

Highest Rank:  LCpl				MOS:  4641 (Combat Photo Specialist)

Final Enlisted Performance Evaluation Averages (number of marks):

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

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  Rifle Badge Expert//National Defense Service Medal//

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:

930907:	Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.

930908:	Pre-service waiver for MGD approved.

941028:	Counseling:  Advised of deficiencies in performance and conduct (Alcohol related incident, specifically, DWI on 940924 with a BAC of .08).  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950811:	Applicant evaluated at Consolidated Drug and Alcohol Center per command referral.
[Extracted from Director, CDAC ltr dated 950822.]

950811:	Applicant’s acknowledges Statement of Understanding of treatment for Substance Abuse at a Veterans Administration Medical Center.

950822:	Director, Consolidated Drug and Alcohol Center evaluation report: 
	Diagnostic Impression: Drug abuse.
	Recommended treatment plan:
	SNM should be held strictly accountable for actions.
	SNM was counseled and given the information for contacting a Veteran’s Administration Hospital nearest to SNM’s home of record for treatment after discharge from USMC.
Weekly screening by unit SACO until discharge.
	
950824:	NJP for violation of UCMJ, Article 112a:  Wrongfully used marijuana on 950719.
	Award:  Forfeiture of $478.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2.  No indication of appeal in service record.

950912:	Counseling:  Advised of deficiencies in performance and conduct (Statement of understanding of treatment for substance abuse at a Veterans Administration Medical Center).  Sources of assistance provided.

950927:	Director, Consolidated Drug and Alcohol Center evaluation report: 
	Diagnostic Impression: Drug abuse.
	Recommended treatment plan:
	Weekly screening by unit SACO until discharge.
	SNM should be held strictly accountable for actions.
	SNM was counseled and given the information for contacting a Veteran’s Administration Hospital nearest to SNM’s home of record for treatment after discharge from USMC.
	
951107:	Applicant notified of intended recommendation for discharge by reason of misconduct due to drug abuse with a characterization of service as under other than honorable conditions.  Applicant informed the least favorable character of service possible was under other than honorable conditions.

951107:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

951107:	Commanding Officer, Headquarters Battalion, 2d Marine Division, recommended that Applicant be discharged by reason of misconduct due drug abuse with a characterization of service as under other than honorable conditions.  The factual basis for this recommendation was respondent’s nonjudicial punishment on 950824, for wrongful use of marijuana, a controlled substance.

951122:	SJA review determined the case sufficient in law and fact.

951127:	GCMCA, Commanding General, 2d Marine Division, MarForLant directed the Applicant's discharge by reason of misconduct due to drug abuse with a characterization of service as under other than honorable conditions.

Service Record Book contains a partial Administrative Discharge package. 

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19951201 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).

There is credible evidence in the record, and the Applicant admits, that he used illegal drugs.  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.  In addition, the Applicant’s service was marred by an alcohol related driving incident.  The Board found no indication in the record that the Applicant was inequitably or improperly denied treatment for his drug use or other physical ailments.  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.

The Applicant introduced no decisional issues for consideration by the Board.  Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question.  The Board discovered no impropriety or inequity after a review of Applicant’s 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 civilian life subsequent to leaving Naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  As of this time, the Applicant has not provided any post-service documentation to consider mitigating the misconduct that resulted in the characterization of 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 18 Aug 95 to 30 Jan 97.

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 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