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USMC | DRB | 2000_Marine | MD00-00356
Original file (MD00-00356.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD00-00356

Applicant’s Request
The application for discharge review, received 000121, 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 000907. 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

1. I am extremely proud of my military service. I was a good marine, even though I did make a big mistake near the end of my enlistment. I smoked some marijuana & failed a drug test. My service record, including my pro & con marked show I was a good marine. I believe my discharge has prevented me from obtaining a good job.
I also believe that I have paid for this mistake long enough.
Even though my record shows marijuana use. My problem was alcohol abuse. I did finally, as of September 15, 1995 beat all abuse's. Over 4 year's clean.
I respectfully request that my discharge be upgraded to Honorable with hopes that is may assist me in obtaining a respectable job. Sincerely

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (3 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                820322 - 820425  COG

 Period of Service Under Review :
Date of Enlistment: 820426               Date of Discharge: 860524

 Length of Service (years, months, days):

         Active: 04 00 29
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

 Education Level: 11 GED           AFQT: 74

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF                           Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR. MM

 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 :

850928:  Applicant tested positive for THC during a random urinalysis (NAVDRUGLAB San Diego, CA message 042058Z Oct85.

851015:  Medical evaluation for drug abuse found the applicant to be a episodic drug abuser, not drug dependent
851028:  NJP for violation of UCMJ, Article 112A:
 Specification 1: Wrongful use of a controlled substance, to wit: THC.
Awarded forfeiture of $396.00 per month for 2 months, reduction to PFC. Not appealed.

 860115:  Applicant tested positive for THC during a random urinalysis (NAVDRUGLAB San Diego, CA message 312013Z Jan86.
860120:  Counseled for deficiencies in performance and conduct. [Conviction of misconduct concerning alcohol/drug abuse.] Base driving privileges are hereby suspended for a period of 12 months as of 851126.
860203:  Counseled for deficiencies in performance and conduct. [Disciplinary action due to drug abuse. This is failure to conform to the rules and regulations of the United States Marine Corps. NAVDRUGLAB San Diego 312013Z Jan 86 (THC) refers.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
860207:  Applicant administrative reduction hearing conducted. Applicant reduced to PFC for professional deficiency. Appeal denied.
860208:  NAVDRUGLAB San Diego, CA, reported applicant’s urine sample, tested positive for THC.

UNDATED:         Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
860324:  Informal inquiry to determine the fitness for retention/discharge.

 860327:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse by testing positive for THC on two separate occasions, dates above.

860407:  Applicant waived his right to an administrative discharge board.

860409:  Applicant counseled on the various aspects of treatment of drug/alcohol addiction at a VA facility in conjunction with discharge. Signed following statement, “I further agree to remain in treatment for at least 30 days while on active duty unless discharged from treatment earlier by the VA facility.”

860409:  SJA review determined the case sufficient in law and fact.

860415:  GCMCA [Commanding General, 3d Marine Aircraft Wing] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

860508:  Applicant to FOREC Hospital Drug Rehab.

860523:  Applicant from SK 1545.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 860524 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.

The following is provided for the applicant’s edification. 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 civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must be found to have existed during the period of enlistment in question. However, the NDRB is authorized to consider post-service factors in the recharacterization of a discharge. 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. In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships. The applicant's efforts need to be more encompassing than those provided. The applicant should have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs in order for consideration for clemency based on post-service conduct. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted.

The applicant is encouraged to continue with his pursuits and 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 P1900.16C), 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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