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USMC | DRB | 1999_Marine | MD99-01251
Original file (MD99-01251.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD99-01251

Applicant’s Request
The application for discharge review, received 990928, 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 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.

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 Board” vice “DUE TO DRUG ABUSE”. Block 26, Separation Code should read: “GKK1” vice “HKK1”. 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: None
         Inactive: USMCR(J)                941221 - 950129  COG

 Period of Service Under Review :
Date of Enlistment: 950130               Date of Discharge: 971121

 Length of Service (years, months, days):

         Active: 02 09 22
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

 Education Level: 10 GED           AFQT: 58

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (6)                       Conduct: 4.2 (6) (discharge marks missing)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 5

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 :

941212:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
960709:  Counseled for deficiencies in performance and conduct. [Failure to safeguard your I.D. card.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
970319:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence from 0730, 31Jan97 to 0825, 5Feb97 (5 days/surrendered).
Awarded forfeiture of $553.00 per month for 1 month, restriction and extra duties for 30 days. Not appealed.
970422:  NJP for violation of UCMJ, Article 112A:
 Specification: Wrongfully use THC.
Violation of UCMJ, Article 134:
Specification: Break restriction.
Awarded forfeiture of $505.00 per month for 2 months, restriction and extra duties for 45 days, reduction to PFC. Not appealed.
970501:  Counseled for deficiencies in performance and conduct. [Failing to obey the rules and regulations of the U.S. Marine Corps.] Specifically, in this instance, you were positive on a urinalysis test on 970403, in violation of the UCMJ. Necessary corrective actions explained. Sources of assistance identified. Disciplinary and administrative discharge warnings issued.
970722:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
970722:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
970722:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was your confirmed usage of illegal drugs, specifically marijuana as verified by the Naval Drug Lab, Jacksonville, Florida message 030900Z April 1997, locally assigned batch number GT43, lab accession number J9703247034.

970821:  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.

971001:  SJA review determined the case sufficient in law and fact.

971002:  GCMCA [Commanding General, 2d Force Service Support Group] 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 971121 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 P1900.16E), 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 view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.af.mil ”.

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
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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