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USMC | DRB | 1999_Marine | MD99-00521
Original file (MD99-00521.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD99-00521

Applicant’s Request
The application for discharge review, received 990302, 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 000110. 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

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
         None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                911017 - 920921  COG

 Period of Service Under Review :
Date of Enlistment: 920922               Date of Discharge: 951011

 Length of Service (years, months, days):

         Active: 03 00 20
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 62

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (9)                       Conduct: 4.5 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, AFEM, UNM, Certificate of Commendation

 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 :

911010:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
941122:  Counseled for deficiencies in performance and conduct. [Continued involvement with civilian authorities.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
950306:  NJP for violation of UCMJ, Article 92:
 Specification: Failed to obey order or regulation on 30 November 1994, to wit: apprehended for driving with revoked license.
Awarded forfeiture of $260.00 per month for 1 month, restriction and
extra duties for 14 days. Forfeiture suspended for 3 months. Not appealed.
950707:  NAVDRUGLAB [Jacksonville, FL], reported applicant’s urine sample, received 950628, tested positive for THC.

 950727:  NJP for violation of UCMJ, Article 112A:
 Specification: Wrongful use of a controlled substance.
Awarded forfeiture of $524.00 per month for 2 months, restriction and
extra duties for 45 days, reduction to LCpl. Not appealed.
950727:  Counseled for deficiencies in performance and conduct. [Wrongful use of a controlled substance, to wit: marijuana.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
950801:  NJP for violation of UCMJ, Article 92:
 Specification: Disobeyed a written order.
Violation of UCMJ, Article 134:
Specification: Broke restriction.
Awarded reduction to PFC. Reduction suspended for 2 months. Not appealed.
950801:  Counseled for deficiencies in performance and conduct. [Failure to report to restriction muster in the proper uniform.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
950824:  Medical evaluation (SACC) for drug abuse found the applicant to be a drug abuser, not drug dependent.

950919:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions and misconduct due to drug abuse.
UNDATED:         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.

950919:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions and misconduct due to drug abuse. The factual basis for this recommendation was discreditable involvement with military authorities as evidenced by your three nonjudicial punishments and other adverse entries on page 11 of your service record; and in-service substance abuse, as evidenced by NAVDRUGLAB JAXFL msg 071723Z JUL 95 and page 12 of your service record

951002:  SJA review determined the case sufficient in law and fact.

951002:  GCMCA [Commanding General, 2d Marine Aircraft Wing] 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 951011 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).

The applicant introduced no decisional issues for consideration by the Board.

 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 [ e.g., Article 86, unauthorized absence for more than 30 days].
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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon Street SE Rm 309
                  Washington, D.C. 20374-5023     


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