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USMC | DRB | 1999_Marine | MD99-01086
Original file (MD99-01086.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD99-01086

Applicant’s Request
The application for discharge review, received 990805, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing before a Traveling Panel closest to Winston-Salem, NC. 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 hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000512. 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 (verbatim)

1. I was never charged with any thing. I feel I was not treated fairly.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
Letter from applicant's primary counselor dated April 27, 1999
Character reference dated April 17, 1999
Criminal Record Check dated August 25, 1999
Letter from Pastor, Grace Reformed Baptist Church dated August 24, 1999
Letter from a member of church staff dated August 23, 1999
Copy of applicant's resume
Character reference from LTC dated August 29, 1999
Character reference from applicant's grandmother dated September 1, 1999
Copy of registration form for Alamance Community College dated August 9, 1999
Certificate of graduation from United States Army for Stinger Gunner/Avenger Crewmember (USMC) course no. 4-96 dated May 24, 1996
Letter from Mount Tabor High School Counselor undated

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                940706 - 950618  COG

 Period of Service Under Review :
Date of Enlistment: 950619               Date of Discharge: 980316

 Length of Service (years, months, days):

         Active: 02 08 28
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 47

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.0 (9)                       Conduct: 3.8 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, Rifle Sharpshooter

Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

940616:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
960221:  Counseled for deficiencies in performance and conduct. [PRT failure.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
960326:  Counseled for deficiencies in performance and conduct. [Possession of a an alcohol beverage in your room, in violation of Detachment Order.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
970220:  Applicant's made a voluntary statement to Criminal Investigation Division re: marijuana use. Entire statement found in case folder.

970401:  Counseled regarding deficiencies, specifically, the illegal use of marijuana. Advised that administrative processing is mandatory per MCO P1900.16.

970522:  Applicant admitted to psychiatric ward.

970527:  Applicant discharged from psychiatric ward. Psychiatric evaluation: Discharge Diagnoses:
 Axis I: Alcohol abuse
 Marijuana abuse
Relational problems not otherwise specified.
 Axis II: Personality disorder not otherwise specified with borderline and
schizotypal features.
 . Axis II: Personality disorder NOS with borderline and
schizotypal features.
970604:  Medical evaluation for drug and alcohol use and found the applicant to be a drug abuser and alcohol dependence.

970718:  Applicant admitted to Addictions Rehabilitation Clinic, Jacksonville, FL.

 970723:  Mental Health Department: Screened as a result of psychiatric interventions.
970725:  MHD: Dx: psychotic disorder NOS. Plan: Medical discharge.

 970818:  Applicant discharged from Addiction Rehabilitation Clinic, Jacksonville, FL: Diagnoses:
                   Axis I: Alcohol dependence with physiological dependence
                           Nicotine dependence
                           Incidence of cannabis abuse
                           R/O schizophrenia
                           Relationship problems (by history)
                  Axis II: Personality disorder NOS with borderline schizotypal traits
(by history)
 Applicant successfully completed the formal portion of treatment program.
971015:  Applicant administratively reduced to Private First Class due to professional incompetence.

971229:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
971229:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
980205:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

980219:  Commanding officer (2d Low Altitude Air Defense Battalion) recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was self admittal to drug use in sworn statement to CID dated 20 February 1997, concurring with the recommendation of the administrative discharge board.

980225:  Commanding officer (Marine Air Control Group 28) recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was self admittal to drug use in sworn statement to CID dated 20 February 1997, concurring with the recommendation of the administrative discharge board.

980302:  SJA review determined the case sufficient in law and fact.

980302:  GCMCA [Commander, 2d Marine Aircraft Wing] 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 980316 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 response to the applicant’s issue 1, the Board found that the applicant admitted in a voluntary statement to the Criminal Investigation Division (CID) that he had used marijuana. The applicant was found to be dependent on alcohol and to be a drug abuser. He was given inpatient treatment for his addictions at the Addictions Rehabilitative Clinic in Jacksonville, FL. The Commanding Officer is required to administratively process an individual for drug use, which is exactly what the CO proceeded to do. The applicant elected an Administrative Discharge Board, which unanimously voted to separate the applicant for misconduct due to drug abuse with an other than honorable characterization. The GCMCA is the final approval authority for the discharge and directed the discharge, based on the ADB, SJA and CO’s recommendation. The Board found that the applicant was given his proper rights and due process and that the discharge was proper and equitable, therefore no relief will be granted.

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received 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, D.C. 20374-5023     


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