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USMC | DRB | 1999_Marine | MD99-00566
Original file (MD99-00566.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD99-00566

Applicant’s Request
The application for discharge review, received 990312, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. 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 000118. 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-Drug abuse (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I have become a productive citizen and I served my country for 3 years 9 1/2 months. I did also participate in Desert Shield and Desert Storm. Thank you for your time.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                870828 - 880901  COG

 Period of Service Under Review :
Date of Enlistment: 880901               Date of Discharge: 920508

 Length of Service (years, months, days):

         Active: 03 08 07
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 40

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (11)             Conduct: 4.0 (11)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NDSM, SASM, NUC, KLM

 Days of Unauthorized Absence: 22

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

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

 Chronological Listing of Significant Service Events :

870828:  Initial enlistment contract documents admission of pre-service marijuana experimentation. Enlistment waiver granted. Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
890201:  Counseled for deficiencies in performance and conduct. [Failure to obey UCMJ, specifically Article 86: unauthorized absence.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
890202:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence 0701, 6Jan89 to 1440, 27Jan89 (21 days).
Violation of UCMJ, Article 90:
Specification: Willfully disobeyed a medical officer's instructions not to remove his cast.
Awarded forfeiture of $250.00 per month for 2 months, restriction for 45 days. Not appealed.
890523:  Counseled for deficiencies in performance and conduct. [Frequent involvement with military authorities, 2 NJP's for Art 86, loss of ID card.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
890525:  NJP for violation of UCMJ, Article 86:
 Specification: Fail to go at time prescribed to his appointed place of duty on 0440, 5May89.
Awarded forfeiture of $150.00 per month for 1 month, restriction and extra duties for 14 days. Forfeiture suspended for 3 months.
890608:  NJP for violation of UCMJ, Article 86:
 Specification: Absent from appointed place of duty on 2140, 29May89.
Violation of UCMJ, Article 134:
Specification: Break restriction on 2140, 29May90.
Awarded forfeiture of $200.00 per month for 2 months, restriction and extra duties for 30 days, reduction to Pvt. Not appealed.
890609:  Counseled for deficiencies in performance and conduct. [Frequent involvement with military authorities.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

891013:  Applicant informed eligible but not recommended for promotion to LCpl the month of October because of frequent involvement with military authorities.
891101:  Counseled for deficiencies in performance and conduct. [Disrespectful attitude toward NCO's.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
891219:  Applicant informed eligible but not recommended for promotion to LCpl the month of December because of past misconduct and frequent involvement with military authorities.
900110:  Applicant to unauthorized absence 0701, 9Jan90.

 900117:  Applicant from unauthorized absence 0730, 10Jan90 (1 day/surrendered).
900120:  Applicant informed eligible but not recommended for promotion to LCpl the month of January because of past misconduct, frequent involvement with military authorities.
900130:  Counseled for deficiencies in performance and conduct. [The need to schedule dependable transportation when returning from leave.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
900406:  Applicant informed eligible but not recommended for promotion to LCpl the month of March because of inconstant performance and unwillingness to cooperate.
900409:  Counseled for deficiencies in performance and conduct. Financial responsibilities dishonored checks for $50.00 and $20.00.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
900521:  Applicant informed eligible but not recommended for promotion to LCpl the month of May because of frequent involvement with military authorities.
900622:  Applicant informed eligible but not recommended for promotion to LCpl the month of June because of past performance.
910626:  Counseled for deficiencies in performance and conduct. [Neglected responsibilities maintaining a satisfactory display. Slovenly untidy appearance has been noted but applicant has shown direct dereliction and negligent to accomplish the situation at hand.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
910715:  Applicant informed eligible but not recommended for promotion to Cpl for the month of August because of past performance.
911112:  Counseled for deficiencies in performance and conduct. [Lack of judgement, lack of leadership and lack of physical proficiency.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
920306:  NJP for violation of UCMJ, Article 112A:
 Specification: Between 15Feb and 19Feb92 use some amount of cocaine.
Awarded forfeiture of $440.00 per month for 1 month, restriction and extra duties for 45 days, reduction to PFC. Not appealed.
920327:  Medical evaluation for drug abuse found the applicant to be a psychologically dependent on alcohol and a drug abuser, not drug dependent.

920331:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and pattern of misconduct.
920406:  Applicant advised of his rights and having consulted 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.

920406:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and pattern of misconduct. The factual basis for this recommendation was four non-judicial punishments, one of which evidenced the use of a controlled substance.

920413:  Applicant did not elect to enroll in Veteran's Administration Drug and Alcohol Program in conjunction with discharge.

920416:  SJA review determined the case sufficient in law and fact.

920416:  GCMCA [Commanding General, 1 st Marine Division (Rein), FMF] 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 920508 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 P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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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