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USMC | DRB | 2000_Marine | MD00-00471
Original file (MD00-00471.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD00-00471

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 (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.5.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. This request is not that of issues but hoping to get upgrade of former discharge. I had 2 letters enclosed to assist the Board in decision.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Statement from applicant, dated February 3, 2000
Character reference from manager of Pep Boys
Copy of applicant's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              840820 - 880712  HON
         Inactive: USMCR(J)                831031 - 840819  COG

 Period of Service Under Review :
Date of Enlistment: 880713               Date of Discharge: 900517

 Length of Service (years, months, days):

         Active: 01 09 30
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

 Education Level: 12                        AFQT: 50

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2                  Conduct: 3.5

Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, GCM, MUC, Letter of Appreciation (2)

 Days of Unauthorized Absence: 1

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

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

 Chronological Listing of Significant Service Events :

880713:  Applicant reenlisted for 4 years.

890627:  NJP for violation of UCMJ, Article 86:
 Specification: Fail to go at the time prescribed from 0730-1300, 890620.
Awarded forfeiture of $50.00 per month for 1 month, reduction to LCpl. Reduction suspended for 6 months. Not appealed.
890829:  Counseled for deficiencies in performance and conduct. [Failure to go to your appointed place of duty at the prescribed time.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
890829:  Vacate suspended reduction to LCpl awarded at CO's NJP of 890627.

 890920:  Medical evaluation: Applicant found to psychological dependent on drugs/alcohol. Recommend residential alcohol treatment ARC, ARS.
890928:  NAVDRUGLAB [San Diego, CA], reported applicant’s urine sample, received 890919, tested positive for amphetamines/methamphetamines.

891122:  NAVDRUGLAB [San Diego, CA], reported applicant’s urine sample, received 891114, tested positive for amphetamines/methamphetamines.

900201:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86 (4 specs).
         Specification 1: Fail to go at the time prescribed to his appointed place of duty to wit: morning formation on 0730, 890908.
         Specification 2: Fail to go at the time prescribed to his appointed place of duty to wit: morning formation on 0730, 890912.
         Specification 3: Unauthorized absence from 891002 until 891003.
         Specification 4: Fail to go at the time prescribed to his appointed place of duty to wit: morning formation on 0730, 891107.
         Charge II: violation of the UCMJ, Article 112A (5 specs):
         Specification 1: Wrongfully use amphetamines/methamphetamines within five days prior to 890725.
         Specification 2: Wrongfully use amphetamines/methamphetamines within five days prior to 890911.
         Specification 3: Wrongfully use amphetamines/methamphetamines within five days prior to 890927.
         Specification 4: Wrongfully use amphetamines/methamphetamines within five days prior to 891107.
         Specification 5: Wrongfully use amphetamines/methamphetamines within five days prior to 891120.
         Finding: to Charge I and II and the specifications thereunder, guilty.
         Sentence: Confinement at hard labor for 30 days, reduction to Pvt.
         CA action 900202: Sentence approved and ordered executed.

900202:  NAVDRUGLAB [San Diego, CA], reported applicant’s urine sample, received 900123, tested positive for amphetamines/methamphetamines.

900202:  Counseled for deficiencies in performance and conduct. [Illegal drug involvement; specifically, usage which was identified through urinalysis testing and verified through NAVDRUGLAB message number 282003Z Sep89 for amphetamines/methamphetamines, NAVDRUGLAB message number 222001Z Nov89 for amphetamines/methamphetamines and NAVDRUGLAB message number 022039Z Feb90.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
900223:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct and misconduct due to drug abuse.
900227:  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.

900301:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse. The factual basis for this recommendation was two nonjudicial punishments (one of which was alcohol related) and a drug related court martial which shows a pattern of misconduct and drug dependency.

900424:  Applicant did not desire Level III rehabilitation treatment although evaluated by a medical officer and diagnosed as being alcohol/drug dependent.

900509:  SJA review determined the case sufficient in law and fact.

900511:  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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900517 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, the NDRB determined this issue is without merit. The Board reviewed the applicant’s record and all accompanying documents for propriety and equity. There were no errors in the discharge process or determination of the characterization of his discharge. 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 (D). 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 P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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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