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USMC | DRB | 1999_Marine | MD99-00797
Original file (MD99-00797.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD99-00797

Applicant’s Request
The application for discharge review, received 990519, 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 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, with the Reason for Separation corrected to reflect "Misconduct-Drug abuse (with admin discharge board), authority: MARCORSEPMAN Par. 6210.5.

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority, should read: "MARCORSEPMAN PAR 6210.5" vice "MARCORSEPMAN PAR 6210.3", Block 26, Separation Code, should read: GKK1" vice "GKA1", and Block 28, Narrative Reason for Separation, should read: “Misconduct-Drug abuse (with admin discharge board required but waived” vice “MISCONDUCT - PATTERN OF MISCONDUCT (WITH ADMIN DISCHARGE BOARD)”. The original DD Form 214 should be corrected or reissued as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I have no excuse for smoking marijuana while I was in the Marine Corps. I have spent my life paying for my mistake. I have been out for almost 15 years and have not been in any trouble, I have always tried to do the right thing. I am currently an over, short, and damage coordinator for C_ W_ E_. I have been there for 8 years. Please consider my upgrade.

 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: None

 Period of Service Under Review :
Date of Enlistment: 811223               Date of Discharge: 841114

 Length of Service (years, months, days):

         Active: 02 10 22
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 38

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.9                  Conduct: 4.4

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Expert Badge, SSDR (1star)

 Days of Unauthorized Absence: None

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

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

Chronological Listing of Significant Service Events :

820714:  Counseled in regards to the Philippine drug laws.

820714:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

830112:  Applicant's driving privileges suspended by MCAS Traffic Court until 840105.
840410:  Counseled on the adverse effects of alcohol abuse, was explained the treatment program and advised that refusal or failure to cooperate in the treatment program and any further involvement of a discreditable nature as a result of alcohol abuse can result in disciplinary action and/or processing for admin discharge.
840612:  Applicant's drug usage confirmed by urinalysis testing on 840428 as verified by NAVHOSP Oakland msg 161623Z APR 84.

840614:  Applicant's driving privileges aboard MCAS, Iwakuni JA revoked for a period of 1 year as a result of civil conviction by Japanese Authorities for driving while under the influence of alcohol on 840423. Driving privileges revoked until 850412.

840629:  Applicant's drug usage conformed as result of urinalysis tested conducted 840604 as verified by COMPUCKEN LABS INC TRIANGLE PARK NC msg 280024 Jun 84.

 840716:  NJP for violation of UCMJ, Article 134 (2 specs):
 Specification 1: violation of U.S. Navy Regs by using a controlled substance as confirmed by urinalysis test administered on 840323.
Specification 2: violation of U.S. Navy Regs by using a controlled substance as confirmed by urinalysis test administered on 840615.
Violation of UCMJ, Article 111: driving a vehicle under the influence of alcohol on 840327.
Awarded forfeiture of $344.00 per month for 2 months, reduced to pay grade E-2, restriction 45 days. Not appealed.
840718:  Retention Warning: 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.
840816:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was based on positive urinalysis testing and being arrested for DUI. Commanding officer’s comments (verbatim): "Further retention of Private Fist Class (Applicant) would have a detrimental effect on the morale, discipline and military effectiveness of his command or any other command to which he may be assigned.



Separation by reason of misconduct as evidenced by drug abuse with a discharge under other than honorable conditions is strongly recommended."
840830   Chairman 1 st MAW Admin Discharge Board (at Iwakuni) forwards Admin Board report to CG, 1 st MAW recommending discharge.

840910:  CO, MWSG 17 forwarded the discharge package to CG, 1 ST MAW concurring with the findings and recommendations of the Board

940921:  SJA review determined the case sufficient in law and fact.

940926:  GCMCA [CG, 1 ST MAW] advised CMC that applicant's discharge was directed under other than honorable conditions by reason of misconduct due to drug abuse with separation code of GKK1, with reenlistment code of RE-3B.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 841114 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. The applicant’s discharge has reached the fifteen year mark and further appeals to the NDRB are not authorized.

 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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