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USMC | DRB | 1999_Marine | MD99-00977
Original file (MD99-00977.rtf) Auto-classification: Denied


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

ex-PVT, USMC
Docket No. MD99-00977

Applicant’s Request
The application for discharge review, received 990626, requested that the characterization of service on the discharge be changed to general/under honorable conditions and the reason for the discharge be changed. The applicant requested a personal appearance hearing discharge review. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearings.

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: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.       I A_S_ WAS DISCHARGED BECAUSE OF A 112 ALPHA. LEAVING THE MARINE CORPS WAS ONE OF THE BIGGEST MISTAKES OF MY LIFE AND WITH A DISCHARGE LIKE THIS ON MY RECORD IT MAKES IT EVEN WORSE. I NEED TO GET DRUG ABUSE ERASED FROM MY DD214 AND MY DISCHARGE UPGRADED DTO GENERAL OR MAYBE EVEN HONORABLE. I HAVE MADE SO MANY IMPROVEMENTS IN MY LIFE AND I HAVE THE PAPER WORK TO PROVE IT. I WILL SUBMIT THESE PAPERS TO THE BOARD IF NEED BE.
2.       IN 97, I A_S_ WAS DISCHARGED FROM THE MARINES ON A 112 ALPHA. SINCE THEN I HAVE KEPT MYSELF VERY BUSY WITH SCHOOLING AND WORKING. BASICALLY THERE HAS NOT BEEN ONE IDLE MOMENT IN MY LIFE. I HAVE TAKEN THE SKILLS THAT I WAS TAUGHT IN THE SERVICE AND APPLIED THEM IN MY SCHOOL AND IN EVERYDAY LIVING. BUT MY HABITS HAVE NOT CARIED OVER. IT TOOK A LOT OF HARD WORK, DEDICATION AND STRESS TO BECOME A MARINE. I ACCEPTED THE CHALLENGE, BUT COULD NOT HANDLE THE CHALLENGE. I AM NOT PROUD OF THE DISCHARGE I HAVE RECEIVED ALTHOUGH IT HAS BEEN DEFINITELY DESERVED. IT HAS BEEN VERY DIFFICULT TO GET A GOOD JOB BECAUE OF THIS. I WOULD LIKE TO BE ABLE TO USE THE SERVICE ON A RESUME BECAUSE I AM AND ALWAYS WILL BE PROUD OF BEING AN U.S. MARINE BUT I CAN’T AFFORD TO PAY FOR MY MISTAKES ANYMORE. PEOPLE OF THE BOARD, I RESPECTFULLY REQUEST FOR AN UPGRADE OF MY DISCHARGE SO THAT I CAN GET ON WITH MY LIFE.
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)                970226 - 970324  COG

 Period of Service Under Review :
Date of Enlistment: 970325               Date of Discharge: 980313

 Length of Service (years, months, days):

         Active: 00 11 19
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 62

 Highest Rank: E-2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: UNK                           Conduct: UNK

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksmanship Badge

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 :

970225:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

971010:  Counseled for deficiencies in performance and conduct, specifically you have demonstrated a pattern of misconduct by assaulting an individual during an altercation and then fleeing from civilian authorities. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

971118:  Counseled for deficiencies in performance and conduct, specifically violation of Article 86, UA, on 971117. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
971230:  Counseled for deficiencies in performance and conduct, specifically you were in violation of Article 92 on 971220 at 0230, violating Squadron Policy Letter 3-97, by entering a member of the opposite sex’s barracks room, and drinking underage in the barracks. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
980114:  NJP for violation of UCMJ, Article 92: Did on or about 970919, fail to obey a written order, to wit: possessing alcoholic beverages under the age of 21; violation of UCMJ, Article 92: Did on or about 0230, 971220 failed to obey a lawful order, to wit: being in a female’s room.
Awarded forfeiture of $463.00 per month for 2 months, restriction and
extra duties for 45 days, reduced to E-1. Not appealed.
980130:  NJP for violation of UCMJ, Article 112a: Did on or about 980126, wrongfully use marijuana. Awarded forfeiture of $463 per month for 2 months, and restriction for 60 days. Not appealed.

980212:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse the basis of which is your illegal in service use of a controlled substance evidenced by your nonjudicial punishment held on 30 Jan 98.
980212:  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.

980226:  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 applicant’s 2 NJP’s, one on 980130 for violation of Article 112a and one on 980114 for violation of Article 92 (2 specs)

980311:  SJA review determined the case sufficient in law and fact.

980311:  GCMCA, Cmdr, MCAB, Eastern Area, 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 980313 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 nothing to substantiate that the applicant had made many improvements in his life to warrant an upgrade. Relief denied.

In issue 2, the Board found that the applicant used drugs and was discharged appropriately. Relief denied.

The applicant is reminded that he may request a personal appearance hearing within 15 years from the date of discharge.


 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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