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USMC | DRB | 2000_Marine | MD00-00100
Original file (MD00-00100.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD00-00100

Applicant’s Request
The application for discharge review, received 991025, 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 000622. 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

To Whom It May Concern

I feel that it should be brought to attention the issues concerning my discharge:
1. My discharge developed from my first and only offense involving a drug.

2. The drug was a non-narcotic (steroids)

3. I participated as a member of a support unit, in the rescue, of Captain S_ O_ in Bosnia, Operation "Deny Flight", and also various training exercises after I knew of the decision of my discharge.

4. My action was the legal equivalent of a misdemeanor.

5. I am a law abiding citizen of this country. I vote, pay taxes, participate in community activities and love my country.

6. I am currently enrolled at Spartan School of Aeronautics. I shall be receiving my associates degree in applied science and have successfully completed my commerical pilot certification course. (See documents a & b) I believe, given a second chance, many good things can be accomplished.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from Spartan School of Aeronautics dated March 18, 1998
Spartan School of Aeronautics Transcipt dated October 13, 1999
Copy of grading scale
Copy of DD Form 214
Copy of DD Form 215

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                921230 - 930725  COG

 Period of Service Under Review :
Date of Enlistment: 930726               Date of Discharge: 951218

 Length of Service (years, months, days):

         Active: 02 04 23
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 50

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (6)                       Conduct: 4.0 (6)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, NUC

 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 :

921228:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
950612:  NJP for violation of UCMJ, Article 107:
 Specification: False official statement on 1032, 7Jun95.
Violation of UCMJ, Article 112A:
Specification 2: Wrongfully possessed steroid paraphernalia on 1032, 7Jun95.
Awarded forfeiture of $478.00 per month for 2 months, restriction for 45 days, reduction to PFC. Forfeiture suspended for 6 months. Not appealed.
951115:  Counseled for deficiencies in performance and conduct. [Possession of steroids.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
951115:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent
951127:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
951127:  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.

951130:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was wrongful possession of steroids.

961212:  SJA review determined the case sufficient in law and fact.

951212:  GCMCA [Commanding General, 2d Marine Division, MarForLant] 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 951218 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 issues 1 and 2, the applicant implies that a permissive doctrine exists whereby one in the military is allowed a “single deed”. The Board believes that the applicant is confusing this with the civilian world wherein some offenses are treated with leniency because they are a first time incident on an otherwise clear record. No such leniency exists in the military. The applicant was aware of the Marine Corps policy of illegal drug use, and still violated that policy. The applicant is responsible for his actions and must accept the consequences of his misdeeds. Relief denied.

Issues 3 – 6 are non-decisional.

 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 P1900.16E), 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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