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USMC | DRB | 1999_Marine | MD99-00792
Original file (MD99-00792.rtf) Auto-classification: Denied


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

ex-Cpl, USMC
Docket No. MD99-00792

Applicant’s Request
The application for discharge review, received 990519, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000403. 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 (with admin discharge board), authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My discharge was inequitable because this as a one isolated incident based on 10+ years of service and I feel at that particular time I was involved in a divorce and made some extremely bad judgement. At this time I am remarried to a police person and have two beautiful little boys and am a professional truck driver since 85. I should hope the Board would consider all of this in making a decision. I deeply regret how my career end as a U.S. Marine. It bought great shame to me and my family, and sincerely hope this can be changed. .

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's undated letter to the Board providing a brief history of his life

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              760114 - 810122  HON
                                             731019 - 760113  HON
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 810123               Date of Discharge: 840525

 Length of Service (years, months, days):

         Active: 03 04 03 (Doesn't exclude time lost)
         Inactive: None

 Age at Entry: 31                          Years Contracted: 4

Education Level: 12                        GT: 113

 Highest Rank: SSgt

 Final Enlisted Performance Evaluation Averages : All enlisted performance
Reports were available to the Board for review.

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Expert Badge, GCM (2 Stars), 45 Pistol Sharpshooter Badge, NDSM, MM

Days of Unauthorized Absence: 4

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

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

 Chronological Listing of Significant Service Events :

810123:  Reenlisted for a term of 4 years.
820708:  Command received a Letter of Indebtednesss involving applicant concerning the amount of $243.00. [EXTRACTED FROM 1stLt M. G. C_'s ltr of 13 Apr 84.]

830203:  Command received a dishonored check package involving applicant concerning the amount of $145.72. [EXTRACTED FROM 1stLt M. G. C_'s ltr of 13 Apr 84.]

830207:  Counseled regarding deficiencies, specifically, for writing dishonored checks. [EXTRACTED FROM 1stLt M. G. C_'s ltr of 13 Apr 84.]

830505:  Station Portable Urinalysis test determined applicant to be positive for THC, Cannabinoid. [EXTRACTED FROM 1stLt M. G. C_'s ltr of 13 Apr 84.]

830518:  Command received a Letter of Indebtednesss involving applicant. [EXTRACTED FROM 1stLt M. G. C_'s ltr of 13 Apr 84.]

830607:  NJP for violation of UCMJ, Article 86: on or about 0900 83JUN02 without authority, absent himself from place of duty at which he was required to be, to wit: Btry B desert site, P-111, and did remain so absent until on or about 0600 83JUN06
 Awarded forfeiture of 7 days pay. Not appealed.
830630:  DOD certified Lab, North Carolina, determined sample dtd 5MAY83, to be positive for THC, Cannabinoid. 820708:    Command received a Letter of Indebtednesss involving applicant concerning the amount of $243.00. [EXTRACTED FROM 1stLt M. G. C_'s ltr of 13 Apr 84.]

830705:  Station Portable Urinalysis test determined applicant to be positive for THC, Cannabinoid. [EXTRACTED FROM 1stLt M. G. C_'s ltr of 13 Apr 84.]

830729:  Letter was sent to CG, 3d MAW, FMFPac, reporting that applicant as a SNCO involved with illegal drugs. [EXTRACTED FROM 1stLt M. G. C_'s ltr of 13 Apr 84.]

830909:  Applicant advised that an Administrative Discharge Package was being submitted for deficiencies on performance and/or conduct, drug involvement, and financial irresponsibility. [EXTRACTED FROM 1stLt M. G. C_'s ltr of 13 Apr 84.]

840203:  Applicant participated in a Command urinalysis. [EXTRACTED FROM 1stLt M. G. C_'s ltr of 13 Apr 84.]

840305:  Applicant found positive on Urine sample, Cannabinoids, by Mead CompuChem Inc., Triangle Park, North Carolina. [EXTRACTED FROM 1stLt M. G. C_'s ltr of 13 Apr 84.]

 84XXXX:  An Administrative Discharge Board recommended retention in the Marine Corps.

84XXXX:  CO, 3d Marine Air Control Group 38, concurring with the recommendation of the Battery and Battalion Commanders, that applicant be discharged. Commanding officer’s comments (verbatim): "This command feels that, based SSgt Johnson's past record, to retain him in the Marine Corps, would be sending a signal to junior enlisted Marines that would not support the high standards set by the Corps for Staff Noncommissioned Officers."

840306:  SJA review determined the proceedings sufficient in law and fact.

840312:  Command received a Letter of Indebtedness involving Cpl (Applicant) concerning the amount of $416.28. [EXTRACTED FROM 1stLt M. G. C_'s ltr of 13 Apr 84.]

840312:  CG, 3d Marine Aircraft Wing, FMFPAC, El Toro, disagreeing with the Administrative Discharge Board, retained applicant in the U.S. Marine Corps and directed the CO, 2d Light Antiaircraft Missile Battalion to make appropriate entry in the service record book.
840328:  Applicant charged with violation of Article 134, UCMJ: knowingly and wrongfully used Tetrahydracannabinol, a schedule I controlled substance. [EXTRACTED FROM 1stLt M. G. C_'s ltr of 13 Apr 84.]
840402:  Applicant was reduced from SSGT to SGT. [EXTRACTED FROM 1stLt M. G. C_'s ltr of 13 Apr 84.]
840412:  NJP for violation of UCMJ, Article 134: on or about 84FEB03 and 84FEB27, knowingly and wrongfully use Tetrahydrocannabinol, a Schedule I controlled substance.
         Awarded forfeiture of $300.00 pay for one months, extra duty for 30 days (suspended for period of six months), reduction to E-4. Not appealed.

840412:  Commanding officer appointed an officer to conduct an informal inquiry for the purpose of inquiring into the possible administrative discharge proceedings of Applicant due to his pattern of misconduct.
840413:  Informal Inquiry into Applicant's pattern of misconduct provided to
 commanding officer, recommending that Cpl (Applicant) not be permitted to remain in the Marine Corps and that he be separated via an administrative discharge for a pattern of misconduct and drug abuse with a characterization of under other than honorable conditions.
840413:  CO, Battery B. 2 nd Light Antiaircraft Missile Battalion, recommended applicant's discharge Under Other Than Honorable Conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse. Commanding Officer's comments (verbatim): "The facts speak for themselves in this case. Through slippage of the bureaucracy, Cpl (Applicant) has been able to manipulate the justice system, causing undue embarrassment to the command and his fellow Marines. It is intolerable on any professional standard to further allow the continued employment in the USMC, a Maine who continues to violate the law by using drugs. His presence is an affront to the professionalism and integrity of the many good Marines in this Battery and the Corps. I give my strongest recommendations that Cpl (Applicant) be immediately discharged from the Marine Corps with an other than honorable discharge."
840426:  CO, 2 nd Light Antiaircraft Missile Battalion endorsed the CO, B Btry ltr of 13APR84 concurring with the recommendation that applicant be discharged under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was based on professional deficiency determined by Administrative Reduction Board dated 15 Dec 83; and while awaiting determination of his reduction, he produced two urine samples that both returned positive for Tetrahydrocannabinol from MEAD COMPUCHEM Inc. on 18 Apr 84. He was reduced to Cpl at Battalion office hours for the use of Tetrahydrocannabinol.

840514:  SJA review determined the case sufficient in law and fact.

840516:  GCMCA [CG, 3d Marine Aircraft Wing, FMFPac, MCAS, El Toro] 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 840525 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).

In the applicant’s issue 1, the Board found did not concur in the applicant’s contention that his trouble was one isolated incident. The applicant was a former Staff Sergeant and was expected to conduct himself in a credible manner or seek assistance through his chain of command. The applicant had three counselings regarding indebtedness, was in an unauthorized absence status, and tested positive in a urinalysis on two occasions; these do not constitute one isolated incident. While the applicant may have had personal and financial problems, the Board found this mitigation insufficient to outweigh his acts of indebtedness and drug abuse. Relief denied.


Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6210 MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C), Change 2, effective 15 Apr 84 until 28 Jul 87.

 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.
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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