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USMC | DRB | 1999_Marine | MD99-01149
Original file (MD99-01149.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD99-01149

Applicant’s Request
The application for discharge review, received 990830, requested that the characterization of service on the discharge be changed to entry level separation or uncharacterized. 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 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-Drug abuse (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My discharge was based on one isolated incident in 28 months of service. I feel I've matured in life and feel the incident was just part of growing up and learning from mistakes. I would like to be a soldier and proudly serve my country. Please consider my request. Thank you.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Employment Reference Letter
Copy of DD Form 214
Letter from applicant dated Aug 22, 1999


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                861201 - 870630  COG

 Period of Service Under Review :
Date of Enlistment: 870701               Date of Discharge: 891031

 Length of Service (years, months, days):

         Active: 02 03 30
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

 Education Level: 12                        AFQT: 34

 Highest Rank: LCPL

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (8)              Conduct: 3.9 (8)

 Military Decorations: None

 Unit/Campaign/Service Awards: Sharpshooter Badge, SSDR

Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

861213:  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.

881103:  Counseled for deficiencies in performance and conduct. [Disrespect towards his superiors and his failure to follow instruction given to him by his superiors] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

890523:  NAVDRUGLAB [JACKSONVILE, FL], reported applicant’s urine sample, received 890515, tested positive for [THC].
890608:  NJP for violation of UCMJ, Article 112a: Tested positive for use of a controlled substance (THC) as evidenced by report of urine sample test from Navy Drug Lab Jacksonville, FL (msg 231533Z May 89).
 Awarded forfeiture of $325.00 per month for 2 months, restriction and
extra duties for 45 days, reduction to E-2 . Not appealed.
890706:  Medical evaluation for drug abuse found the applicant to be alcohol dependence, cocaine abuse, cannabis abuse and hallucinogen abuse.

890815:  Applicant declined VA Treatment after being diagnosed as alcohol dependent.

890911:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
890912:  Applicant advised of his rights and having elected 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.

890914:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was PFC H_'s nonjudicial punishment on 890608 for wrongful use of a controlled substance. Additionally he has a page 11 counseling entry on 881103.

891028:  SJA reviewed and found sufficient in law and fact.

891028:  GCMCA [CG, 2 nd MAW] 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 891031 under other than honorable conditions for misconduct due to drug abuse (A). The Board presumed regularity in the conduct of governmental affairs (B). 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 (C and D).

 The applicant believes that this one isolated incident was just a part of growing up and that he has learned from his mistakes. The Board determined the applicant was old enough to enlist in the Marine Corps and old enough to make his own decisions. He had a drug waiver for pre-service drug use and was briefed and understood the Marine Corps policy on the use of illegal drugs (861213). He willingly took drugs that he knew were illegal in the Marine Corps. Relief denied.

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, can be considered. In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships. The applicant has not provided any documentation of these achievements to warrant relief. The applicant is reminded that he remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at a personal appearance hearing is highly recommended. The possibility of favorable action in the applicant’s case will increase with the amount of time he maintains a drug free lifestyle. Verifiable documentation of such a lifestyle is essential. Relief denied
Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6210, Misconduct, of the Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

B. 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.

C. 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.

D. 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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