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USMC | DRB | 1999_Marine | MD99-00933
Original file (MD99-00933.rtf) Auto-classification: Denied


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

ex-PVT, USMC
Docket No. MD99-00933

Applicant’s Request
The application for discharge review, received 990630, 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 000310. 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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: MARCORSEPMAN 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. A General Discharge will hurt me in the long run in life. I realize the mistakes I made in the military. I want to go to school and get my degree in business. Unfortunately I cannot receive education benefits with an General Discharge. I badly need the money for college because both of my parents are unemployed. I was a good marine, I just made a few mistakes. I was proud to serve and I think that I deserve nothing less then an Honerable Discharge from active duty.

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)                950621 - 960617  COG

 Period of Service Under Review :
Date of Enlistment: 960618               Date of Discharge: 971008

 Length of Service (years, months, days):

         Active: 01 03 19
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 70

 Highest Rank: E-2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.9 (4)                       Conduct: 3.5 (4)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

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 :

950616:  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.

961001:  NAVDRUGLAB San Diego Calif., msg. 012359Z, reported applicant’s urine sample tested positive for cocaine.
970127:  NJP for violation of UCMJ, Article 86: UA for failure to go at prescribed time to place of duty at 0900, 910127.
 Awarded forfeiture of $450.00 per month for 2 months, reduction to E-1. Forfeiture of 450$ per month for 1 month and reduction suspended for 6 months. Not appealed.

 970314:  NJP imposed and suspended 970127 is hereby vacated and ordered executed.

970429:  NJP for violation of UCMJ, Article 121: On or about 970314, wrongfully appropriate $100 from ATM card belonging to PFC B_; NJP for violation of UCMJ, Article 112a: wrongful use of cocaine on 960917.
 Awarded forfeiture of $450.00 per month for 2 months. Not appealed.

 970708:  NJP for violation of UCMJ, Article 134: wrongfully altered DOB on military ID.
 Awarded forfeiture of $250.00 per month for 2 months, 30 days restriction and 15 days extra duties. Forfeiture and 15 days restriction suspended. Not appealed
970507:  SACO/DACO eval found applicant drug and alcohol abuser. .
970516:  Counseled concerning my illegal drug involvement, specifically the usage of controlled substance as identified through urinalysis testing. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Notified being processed for administrative separation.

970521:  Counseled concerning my alcohol-related incident, i.e. consuming alcoholic beverages while under age. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. Notified being processed for adsep.

970609:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug.

970609:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
970609:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was his wrongful use of an illegal drug.

970919:  GCMCA,[Cmdr, USMC Forces, Atlantic] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

Administrative Discharge Board proceedings not in the official records.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 971008 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 wants his discharge upgraded so that he could use his educational benefits. To rate the use of these benefits, the applicant must have served 3 years of honorable service. The applicant served only one year and that was less than honorable. The NDRB does not grant relief solely to allow the applicant to qualify for his educational benefits. Relief denied.

The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E). The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.




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, DC 20374-5023       


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