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USMC | DRB | 2000_Marine | MD00-00466
Original file (MD00-00466.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD00-00466

Applicant’s Request
The application for discharge review, received 000225, 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 unknown discharge board), authority: MARCORSEPMAN Par. 6210.5.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My discharge was inequitable due to the fact that I had an infant son to care for while I was on active duty, yet the USMC lacked the support services to accommodate a single parent. I subsequently engaged in an act which would accelerate an administrative discharge.

2. My discharge was inequitable due to the fact that I gave 36 months of good service to the USMC, yet this is not reflected in my separation status.

 Documentation
In addition to the service record, NO DISCHARGE PACKAGE AVAILABLE the following additional documentation, submitted by the applicant, was considered:
Copy of Son's Birth Certificate (2pgs)
Statement from Applicant
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                820602 - 821026  COG

 Period of Service Under Review :
Date of Enlistment: 821027               Date of Discharge: 860630

 Length of Service (years, months, days):

         Active: 03 06 04
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12 (GED)                          AFQT: 87

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMA                  Conduct: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM

Days of Unauthorized Absence: 60

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

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

 Chronological Listing of Significant Service Events :

830524:  NJP for violation of UCMJ, Article 108: Damage a government vehicle, in the amount of $1193.20.
 Awarded forfeiture of $100.00 per month for 2 months, restriction for 10 days. Not appealed.
850410:  NJP for violation of UCMJ, Article 112a): Wrongful use of marijuana a schedule I controlled substance.
 Awarded forfeiture of $250.00 per month for 2 months (suspended for 6 months), restriction to the limits of 1stBn, 2dMar for 45 days with exception of place of worship and place of billet and
extra duties for 45 days with exception of Sundays and Holidays to run concurrently without suspension from duty. Not appealed.
851220:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86:Without authority absent himself from his unit 850819 to 851018 (60).
         Finding: to Charge I and the specification there under, guilty.
         Sentence: Confinement for 30 days, forfeiture of $400.00 pay per month for 1 month, reduced to E-1.
         CA action 851220: Sentence approved and ordered executed except for that portion pertaining to confinement for 30 days and forfeiture of $400.00 pay per month for 1 month is hereby suspended for a period of six months, unless sooner vacated it will be remitted without further action.
         SA action 860205: Sentence approved; found correct in law and fact.

860417:  Counseled for deficiencies in performance and conduct. [Illegal use of drugs, UA] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

860417:  Counseled and assigned to urinalysis surveillance program IAW MCO 5300.12 effective on 860416 for involvement with (THC).

860421:  NJP for violation of UCMJ, Article 112a: Wrongful use of marijuana between the period of 860309 and 860326.
 Awarded forfeiture of $319.00 per month for 2 months, restriction and
extra duties for 45 days. Not appealed.
860423:  Counseled for deficiencies in performance and conduct. [Involvement with military authorities of a discreditable nature and civilian authorities] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 860630 under other than honorable conditions for misconduct due to drug abuse (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

In the applicant’s issues 1 and 2, the Board determined these issues are without merit. The Board noted the commendatory portions of the applicant’s career but also noted his misconduct, highlighted by three non-judicial punishments and one summary court-Martial. His misconduct included use of illegal drugs, unauthorized absence and damage to a government vehicle. The applicant was counseled, but failed to adhere to the advice given. Additionally, the applicant provided no documentation to warrant clemency based on post-service accomplishments. The board finds that the discharge was proper and equitable. Relief denied.

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). However, 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, is considered. The applicant should provide evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, certification of non-involvement with civil authorities and further proof of his not using drugs in order for consideration for relief 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. He 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. Relief denied.

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. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article [ e.g., Article 86, unauthorized absence for more than 30 days].
C. 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.

D. 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.

E. 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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