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USMC | DRB | 1999_Marine | MD99-01193
Original file (MD99-01193.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD99-01193

Applicant’s Request
The application for discharge review, received 990903, 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 000614. 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 (with admin discharge board), authority: MARCORSEPMAN Par. 6210.5.

The NDRB did note an administrative error on the original DD Form 214. Block 28, Narrative Reason for Separation should read: “MISCONDUCT – DRUG ABUSE (with admin discharge board)” vice “MISCONDUCT – DRUG ABUSE”. The original DD Form 214 should be corrected or reissued as appropriate.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None
PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                820827 - 821112  COG

 Period of Service Under Review :
Date of Enlistment: 821113               Date of Discharge: 850118

 Length of Service (years, months, days):

         Active: 02 02 06
         Inactive: None

 Age at Entry: 18                          Years Contracted: 3

Education Level: 10                        AFQT: 48

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (8)              Conduct: 4.0 (8)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, Rifle Marksmanship Badge

Days of Unauthorized Absence: 43

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

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

 Chronological Listing of Significant Service Events :

840113:  NJP for violation of UCMJ, Article 86: UA from 1130, 831118 to 1315, 831206.
 Awarded forfeiture of $334.00 per month for 2 months, restriction and
extra duties for 30 days (suspended for 6 months). Not appealed.
840221:  Suspension of NJP imposed and suspended on 840113 for a period of 6 months is hereby vacated and the punishment is ordered executed.
840305:  NJP for violation of UCMJ, Article 134:(2 specs), Spec 1: Did on or about or between 831109 and 831209 wrongfully possess some amount of THC, a controlled substance, Spec 2: Did on or about or between 831109 and 831209 wrongfully use marijuana, a controlled substance.
 Awarded forfeiture of $288.00 per month for 2 months, restriction for 60 days, extra duty for 45 days, reduction to E-1 (suspended for 6 months). Not appealed.
840928:  Summary Court-Martial for violation of UCMJ, Article 86: UA from his     unit 0400-1307, 840907; violation of UCMJ, Article 92: Failed to obey a lawful order issued by GySgt S______; violation of UCMJ, Article 112a: On or about or between 840721 and 840820, did wrongfully use THC, a controlled substance.
 Sentence to CHL for 30 days, forfeiture of $397.00 per month for 1 months, reduction to E-1.
CA (841023) Approved and ordered executed.
841025:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was two separate involvements with drugs dated 840305 and 840928.
841207:  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, and by a vote of 3 to 2, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

850114:  SJA review determined the case sufficient in law and fact.

850116:  GCMCA [CG, 2 nd MarDiv] 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 850118 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 introduced no decisional issues for consideration by the Board.

 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. 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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