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USMC | DRB | 2000_Marine | MD00-00110
Original file (MD00-00110.rtf) Auto-classification: Denied


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

ex-PFC, USMCR
Docket No. MD00-00110

Applicant’s Request
The application for discharge review, received 991026, 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 listed the American Legion as his representative on the DD Form 293.

Decision

A document discharge review was conducted in Washington, D.C. on 000802. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB found that the discharge process and the reason for discharge were proper but the characterization of service in error The Board’s vote was unanimous that the character of the shall change to: UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct-Drug abuse (with admin discharge board), authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues

1. Prior to the first incident noted, I told my staff sergeant that I had a problem with smoking marijuana and requested help in dealing with this problem. With his assistance, I went to every possible office and agency located upon the base itself to request drug counseling. In fact, my staff sergeant and I spent an entire day doing so. We were informed repeatedly that although drug and alcohol counseling was available for full-time personnel, it was not the policy of the armed forces to extend this assistance to persons in the reserves. Needless to say, this was extremely frustrating. I was subsequently tested for marijuana use and tested positive. A charge of being under the influence of illegal substances was filed against me.
I then attempted to locate and obtain drug and alcohol counseling via public service agencies within the community. In each of these, I was informed that my problem was not serious" enough to warrant assistance as it (1) did not interfere with my job performance, and (2) did not prevent me from maintaining satisfactory relationships with my wife and children. However, should my substance abuse problem increase, I could likely qualify for counseling from a public service agency.
When I widened my search to include privately run counseling services, I was informed that I could indeed by helped with my problem, but the projected cost would likely be in excess of $300 per month. At that time, my wife and I were already both working full-time to support our family, and such a monthly expense was simply not possible. I was tested again for marijuana use, and again tested positive. Prior to the drug test, I informed my superiors that I still had a problem with marijuana, and again requested assistance via the armed forces. I was again informed that this was not available to me. A second charge of being under the influence was filed against me.

2. After the first instance of testing positive for marijuana, I was reduced in rank to lance corporal and fined. After my second incident, I went to NJP and was again reduced in rank to PFC and an additional fine was imposed. I requested at that time to be allowed to complete my tour of duty, and additional six months. This request was granted as I had an otherwise excellent service record. At the end of this time period, I left the Marine Corps. I requested my discharge papers, and was surprised to learn I had been discharged with "other than honorable conditions." It was my understanding that the previous reductions in rank and imposition of fines was to be the total of the disciplinary actions taken against me regarding my drug use. Therefore, I still do not comprehend why I was again penalized for these same infractions. I have yet to receive from the Marine Corps any document containing my signature indicating my agreement with this type of discharge. Had I been informed that this was a likely outcome of my infractions, I would have requested additional legal counsel and a further court investigation.

3. Since leaving the Marine Corps, I maintained steady employment, raised a family, and had no involvement with law enforcement. I am currently clean of any type of illegal substance, and am receiving counseling. I believe I have resolved the personal problems which led me to use marijuana. During the past few years, I have returned to school and have completed two associates degrees in electronics. I am also working to complete two additional degrees. My future plans include completion of a Bachelors Degree in Electronics. It is likely that any future employment will necessitate completion of a security clearance. Therefore, I am eager to have this issue resolved.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character reference dated December 13, 1999
Thirteen pages from applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                781106 - 790115  COG

 Period of Service Under Review :
Date of Enlistment: 790116               Date of Discharge: 841025

 Length of Service (years, months, days):

         Active: 00 06 11
         Inactive: 05 02 28

 Age at Entry: 20                          Years Contracted: 6

 Education Level: 12                        AFQT: 64

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (16)             Conduct: 4.4 (17)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

 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 :

790118:  Initial drug abuse orientation conducted in accordance with MCO 6710.1.
830115:  NJP for violation of UCMJ, Article 134:
 Specification: Wrongfully used marijuana on 5Dec82.
Awarded forfeiture of one half months pay for 2 months, reduction to LCpl. Not appealed.
840127:  Applicant advised eligible but not recommended for promotion to Cpl because of unsatisfactory participation in Reserve Training.
840310:  NJP for violation of UCMJ, Article 134:
 Specification: Wrongfully possess marijuana on 21Jan84.
Awarded forfeiture of $44.00 per month for 2 months, reduction to PFC. Not appealed.
840428:  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 honorable conditions (general).

840710:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.

841025:  SJA review determined the case sufficient in law and fact.

841025:  GCMCA [Commanding General, 4 th Marine Aircraft Wing, FMF] directed the applicant's discharge under honorable conditions (general) by reason of misconduct due to drug abuse.

Partial discharge package missing.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 841025 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 process was proper but the characterization of discharge was in error (C and D). The recommendation from the applicant’s administrative discharge review board was to separate him, and the characterization of his discharge would be under Honorable conditions (General). The Commanding General directed the applicant be discharged under Honorable conditions (General). The applicant’s Commanding Officer did not comply with the Commanding General’s direction, and separated the applicant with an OTH discharge. The applicant is deserving of relief and the characterization of his discharge shall change to under Honorable conditions (General), as directed by the Commanding General, 4 th Marine Aircraft Wing, FMF.

 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 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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