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USMC | DRB | 2000_Marine | MD00-00032
Original file (MD00-00032.rtf) Auto-classification: Denied


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

ex-LCpl, USMCR
Docket No. MD00-00032

Applicant’s Request
The application for discharge review, received 991004, 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-Drug abuse (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. As an ex United States Marine I still stand proud and honored to have served. However I made a one-time mistake and paid dearly for it. I beg the Board to consider changing my discharge to Honorable. I now have a three-year-old son whom thinks I hung the moon. I am looking forward to the day when he becomes a Marine. As a Marine I participated in voluntary actions such as barrels, Toys for Tots Christmas Parades along with open house at out base. I also served 8 months in operation Desert Storm. I know the mistake I made was wrong. I have learned from my mistake and it is not apart of my life. I still wave Old Glory along with my Desert Storm and Marine Corps Flag on the respected days. The old saying once a Marine always a Marine is true - for I still feel the Devil Dogs in me. I beg for your reason and hope to hear from the Board soon. My family is unaware of this I ask you to keep it confidential. Sincerely, SEMPER FI


 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: None

 Period of Service Under Review :
Date of Enlistment: 891117               Date of Discharge: 931122

 Length of Service (years, months, days):

         Active: 01 00 13
         Inactive: 02 11 27

 Age at Entry: 26                          Years Contracted: 8

 Education Level: 12                        AFQT: 39

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (8)                       Conduct: 4.4 (8)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MUC

 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 :

891115:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
900102:  Applicant commenced initial active duty.

 900509:  Applicant released from initial active duty for training, having served 4 months, 8 days active duty, characterization of service as honorable.
900728:  Applicant to active duty.

 901020:  Applicant released from active duty, having served 2 months, 23 days active duty, characterization of service as honorable.
901124:  Applicant to active duty.

 910505:  Applicant released from active duty, having served 5 months, 12 days active duty, characterization of service as honorable.
930225:  NAVDRUGLAB [Oakland, CA], reported applicant’s urine sample, received 930212, tested positive for cocaine.

 930321:  NJP for violation of UCMJ, Article 112A:
 Specification: Wrongful possession of a controlled substance on 7Feb93, to wit: cocaine discovered through a urinalysis.
Awarded reduction to LCpl.
930321:  Counseled for deficiencies in performance and conduct. [My illegal drug involvement specifically possession of an illegal substance identified through urinalysis testing as stated in NAVDRUGLAB msg 221618Z Jan 93 from Oakland, CA.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
930910:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
930916:  Applicant advised of his rights and having elected not 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.

930923:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was positive urinalysis in accordance with NAVDRUGLAB message 251710Z Feb 93
931118:  SJA review determined the case sufficient in law and fact.

931122:  GCMCA [Commanding General, Marine Reserve Force] 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 931122 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, the Board found this to be non-decisional. The applicant used a drug that he knew was illegal. Relief denied.

 The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E). The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. 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, may be considered by the NDRB. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.


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 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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