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USMC | DRB | 2000_Marine | MD00-00358
Original file (MD00-00358.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD00-00358

Applicant’s Request
The application for discharge review, received 000119, 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, authority: MARCORSEPMAN 6210.5.

The NDRB did note an administrative error on the original DD Form 214. Block 12a, Date Entered AD This Period should read: “94 09 26” vice “97 09 26”. The original DD Form 214 should be corrected or reissued as appropriate.






PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 Prior to the documentary discharge review, the applicant introduced no issues, as block 8 on the DD Form 293 is blank.

Applicant indicated he had listed additional issues as an attachment but none were found.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Certificate of completion for Marine Combat Training dated January 20, 1995
Copy of Diploma dated March 31, 1995
Certificate of promotion dated December 1, 1996
Certificate for Combat Water Safety Swimmer Course 1-98 dated November 1, 1997
Certificate for Good Conduct dated September 26, 1997
Certificate for Corporal's Leadership Course dated February 1997
Applicant's resume

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                940204 - 940926  COG

 Period of Service Under Review :
Date of Enlistment: 940926               Date of Discharge: 980616

 Length of Service (years, months, days):

         Active: 03 08 21
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 45

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages
Proficiency: 4.4*                          Conduct: 4.4*

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR with 1 Star, GCM

 Days of Unauthorized Absence: None

*Extracted from Personal Data Sheet

 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 :

940203:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

950609:  Counseled for deficiencies in performance and conduct. [Loss of ID card.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
960418:  Counseled for deficiencies in performance and conduct. [Medical diagnosis of having Retro Patellar Pain Syndrome.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
980330:  NAVDRUGLAB San Diego reported applicant's urine sample received 980323 tested positive for MDA.
980423:  NJP for violation of UCMJ, Article 112A:
 Specification: Did test positive for the use of MDA, an illegal drug, on NAVDRUGLAB message dated 302129Z Mar 98.
Awarded forfeiture of $591.00 per month for 2 months, restriction and extra duties for 45 days, reduction to LCpl. Not appealed.
980428:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.

980430:  Counseled for deficiencies in performance and conduct. [Unauthorized absence and wrongful use of MDA (ecstasy).] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
980511:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
980511:  Applicant advised of his rights and having consulted 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.

980528:  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 use of MDA (ecstasy).

980531:  SJA review determined the case sufficient in law and fact.

980604:  GCMCA [Commander, Marine Corps Base Hawaii] 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 980616 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 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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