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USMC | DRB | 2000_Marine | MD00-00344
Original file (MD00-00344.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD00-00344

Applicant’s Request
The application for discharge review, received 000113, 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 VETERANS OF FOREIGN WARS as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000831. 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 (with admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. Sir, when I was discharged I wasn't aware that I could have been offered drug rehabilitation. Based on my service record I requested that you upgrade my discharge to General under honorable conditions.

2. Block 13, DD-214 shows 1 Good Conduct Medals and Letter of Appreciation.

3: (VFW ISSUE) IAW SECNAV Instruction 5420.174C of 22 August 1984 (MDR 1984), enclosure (1), chapter 9, paragraph 9.3, Equity of Discharge, we ask the Board to consider the following factors: DD Form 1966, 37c, indicates the applicant initialed NO when asked about any prior drug use; Applicant was awarded the Good Conduct Medal; Post service conduct.

4. (VFW ISSUE) We ask the Board to consider the applicant's case IAW SECNAV Instruction 5420.174C of 22 August 1984 (MDR 1984), enclosure (1), chapter 9, paragraph 9.2, Propriety of Discharge.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copies of DD Form 214 (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              770107 - 800112  HON
                  USMC             810514 - 840607  HON
         Inactive: USMCR(J)                761231 - 770106  COG
                  USMCR            800113 - 810513  HON
 Period of Service Under Review :
Date of Enlistment: 840608               Date of Discharge: 860627

 Length of Service (years, months, days):

         Active: 03 00 00
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 68

 Highest Rank: Sgt

 Final Enlisted Performance Evaluation Averages : Enlisted performance reports were available to the Board for review.

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR(2 ND ), GCM, Rifle Marksmanship Badge-Sharpshooter

Days of Unauthorized Absence: None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS /Misconduct-Drug abuse (admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.5.

 Chronological Listing of Significant Service Events :

840914:  Counseled for lack of leadership, and lack of ability to supervise Junior Marines in his capacity as Chief Messman in the Dining Facility.

850731:  Counseled in relation to his professional standards identified within CMC ltr 1600 MMCE-2 dtd 850312. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
860516:  NJP for violation of UCMJ, Article 91 (2 specs), Spec 1: Willfully disobeyed a lawful order issued by GySgt A_______ to report to the Bn Field Mess Warehouse on or about 0500, 860512; Spec 2: Disrespect in language to GySgt A_____ by saying to him " No I'm not, I'm nobody's slave, I said go ahead and write the charge sheet" or words to that effect, on or about 0500, 860512.
 Awarded forfeiture of $200.00 per month for 2 months, extra duties for 45 days, reduction to E-4 (suspended for 6 months). Not appealed.
860630:  Counseled for deficiencies in performance and conduct. [Repeatedly failing to exhibit leadership traits of judgement loyalty, unselfishness, bearing, enthusiasm, tact, initiative and dependability constant complaining in front of subordinates and frequent questioning of lawful orders] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

861022:  Suspension of NJP imposed and suspended on 860515 for a period of 6 months is hereby vacated and the punishment is ordered executed.

861027:  NJP for violation of UCMJ, Article 112a: Wrongfully use a controlled substance, to wit: marijuana, which showed positive on urinalysis test.
 Awarded forfeiture of $300.00 per month for 2 months (suspended for 6 months), restriction and
extra duties for 45 days, reduction to E-3. Not appealed.
861121:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
861121:  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.

861121:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was the respondent's conviction by civil authorities for possession of marijuana on 11 July 1979, his drug incidents during April 1983, and his non-judicial punishment of 23 October 1986.

861201:  SJA review determined the case sufficient in law and fact.

861201:  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 861210 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, t he Department of Veterans Affairs (DVA) is a separate agency that makes its own determinations on VA eligibility. There is no requirement or law that grants recharacterization based solely on the issue of obtaining veteran’s benefits. The Board encourages the applicant to contact his nearest DVA Regional Office for further information regarding his VA eligibility for drug rehabilitation. This is not an issue for which the Board will grant relief.

In the applicant’s issues 2 and 3, the Board took into account the applicant’s service record and found the discharge was equitable. The applicant had 2 NJPs and numerous counselings within his enlistment. No relief will be granted based on this issue.

In the applicant’s issue 4, the Board did review the discharge for propriety. The Board found the discharge was proper. The applicant was given his proper rights, the applicant was found guilty at CO’s NJP for drug use based on a positive urinalysis and the Staff Judge Advocate reviewed the separation package 861201 and found it sufficient in law and fact. No relief granted.

 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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