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USMC | DRB | 1999_Marine | MD99-00625
Original file (MD99-00625.rtf) Auto-classification: Denied


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



ex-Pvt, USMC
Docket No. MD99-00625

Applicant’s Request
The application for discharge review, received 990405, requested that the characterization of service on the discharge be changed to 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 000424. 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

 The applicant introduced no decisional issues for the Board.

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: USMC              None
         Inactive: USMCR(J)                930831 - 940724  COG

 Period of Service Under Review :
Date of Enlistment: 940725               Date of Discharge: 980721

 Length of Service (years, months, days):

          Active: 03 11 27
          Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 43

 Highest Rank: LCpl
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (8)                       Conduct: 4.0 (8)

 Military Decorations: None
Unit/Campaign/Service Awards: Rifle Sharpshooter Badge, NDSM, SSDR, AFEM, Meritorious Mast

Days of Unauthorized Absence: 15

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 :

930829:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
950317:  NJP for violation of UCMJ, Article 86: (2 Specifications), Spec 1:UA from 1801, 950220 to 950307 (15days/S), Spec 2: UA from 0515, 950314 to 0555, 950314 when he reported to formation late
Awarded forfeiture of $250.00 per month for 2 months (suspended for 6 months), restriction for 15 days, extra duties for 30 days, reduction to E-1. Not appealed.
950327:  Counseled for deficiencies in performance and conduct. [On 950319, you disobeyed a direct order from SNCO; specifically, you refused to continue cleaning a mattress after having been instructed to do so, because you felt that the mattress was clean enough] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960514:  Counseled for deficiencies in performance and conduct. [Failing to report from leave, absent 4 days]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970207:  Counseled for deficiencies in performance and conduct. [Disorderly conduct, failure to obey a lawful order, resisting apprehension, failure to identify, indecent language and your frequent involvement of a discreditable nature with military authorities]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970428:  Counseled for deficiencies in performance and conduct. [Violation of Article 134, Drunk and disorderly conduct (urinating in public), and frequent involvement of a discreditable nature with military authorities]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970512:  Counseled for deficiencies in performance and conduct. [Non-recommended to the rank of corporal due to frequent involvement of a discreditable nature with military and civilian authorities]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970515:  Counseled for deficiencies in performance and conduct. [Violation of Article 134, Drunk and disorderly conduct (urinating in public), and frequent involvement of a discreditable nature with military authorities]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
971229:  NAVDRUGLAB [SAN DIEGO, CA], reported applicant’s urine sample, received 971219, tested positive for [THC].

980520:  Summary Court-Martial for violation of UCMJ, Article 107: With intent to deceive, make a false official statement to Sgt M.L. B______ from Criminal Investigation Division official statement, to wit: that during the fight between LCpl L_____ and LCpl I_____ he was standing outside of the room in the doorway, and he only entered the room to pull LCpl L____ off of LCpl I_____, and that he did not touch LCpl I____ at any time; violation of UCMJ Article 112a: Wrongfully use marijuana on an unknown location on or about 971216.
         Sentence to CHL for 30 days, forfeiture $617.00 pay per month for 1 month, reduction to E-1.
         CA (980601) Sentence approved and ordered executed.
980608:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
980608:  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.

980609:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was the confirmed use of a controlled substance.

980714:  GCMCA [Commanding General] 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 980721 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).

The applicant introduced no decisional issues for 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. 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 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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