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USMC | DRB | 1999_Marine | MD99-01226
Original file (MD99-01226.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD99-01226

Applicant’s Request
The application for discharge review, received 990914, requested that the characterization of service on the discharge be changed to General/under Honorable conditions. 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 000525. 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 am applying for an upgrade of my discharge to General under Honorable Conditions, I always had good rating in the USMC for the two years of active service prior to the incident. I only used marijuana once. I voluntarily went to a drug counselor about the marijuana use, I did not know that this person was obligated to report the usage. I reported the usage of marijuana because I was requesting help, I believe that I was not properly counseled after this one-time drug use. I believe that I was unfairly & hasty dismissal. Please upgrade the discharge, so that I can receive VA medical benefits.

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)                950314 - 950410  COG

 Period of Service Under Review :
Date of Enlistment: 950411               Date of Discharge: 970321

 Length of Service (years, months, days):

         Active: 01 11 11
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 53

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (9)                       Conduct: 4.2 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, Rifle Marksman, GCM

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 :

950226:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

970127:         Applicant refused to be evaluated by a Medical Officer, notified that he is not eligible for treatment from a Veteran's Administration Medical Facility.

 970131:  NJP for violation of UCMJ, Article 112a: Wrongfully use a controlled                       substance
 Awarded forfeiture of $505.00 per month for 2 months, restriction and
extra duties for 45 days, reduction to E-2. Not appealed.
970131:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse as evidenced by your illegal use of drugs.
970131:  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.

970203:  Commanding Officer, A Company requested SNM be processed for separation for misconduct, SNM spontaneously admitted to use and possession of the mentioned substance on more than one occasion.

970210:  Commanding Officer, 1 st Landing Support Battalion recommended discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse. The factual basis for this recommendation was your non-judicial punishment, which evidenced your illegal usage of drugs.

9702xx:  SJA review determined the case sufficient in law and fact.

970303:  GCMCA [Commanding General] 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 970321 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).

In the applicant’s issue 1, the Board determined this issue is without merit. The applicant claims he had good ratings for the two years prior to his drug use, he used marijuana only once, voluntarily went on drug counseling and he wants his medical benefits. Unfortunately for the applicant, one time use of illegal drugs is enough for separation from the military. An individual’s performance during an entire enlistment period is considered when determining the characterization of his/her discharge. Good and bad performance are evaluated together. A violation of the UCMJ as serious as drug abuse requires mandatory processing for administrative separation. There are specific individuals in a command that an individual can confess drug abuse to and qualify for self-referral, but that does not prevent the member from being administratively separated from military service. Specific procedures to qualify for the Self-referral program are outlined in Navy regulations. The Board is under no obligation to upgrade an individual’s discharge for the purpose of obtaining medical benefits. The discharge was proper and equitable. Relief denied.

 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. 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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