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USMC | DRB | 2000_Marine | MD00-00695
Original file (MD00-00695.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD00-00695

Applicant’s Request
The application for discharge review, received 000508, 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 did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001206. 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 administrative discharge board), authority: MARCORSEPMAN Par. 6210.5.
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. Dear Sirs,

At the age of 17, I entered the United States Marine Corps, with the thought that there were not too many things I did not know, extremely cocky, and very hardheaded. I recognize the mistakes in which I made during the time I served; I also realize that I cannot go back and undo that which I have done. The decisions that I made were very foolish and very childish, I was unaware of the consequences from the decisions, which we make in life, and I did not see things from the viewpoint of the future. I was a child in understanding. As much as the Marines wanted to make a man out of me, mentally my mind was not ready for the challenge, and I buckled under the pressures and temptations of every day life. I just hope that the committee in which I am addressing would know that I am sorry, and am willing to finish out the remainder of the contract that I had signed if need be. Somehow I would like to be given the opportunity to prove that I have matured physically as well as mentally, and have learned many lessons from the mistakes which I have made during my life. I would like to ask for your forgiveness of my faults, and also that you would seriously consider helping me in my quest to resolve the problems I face from my past, for myself and for my family. Enabling me to move on and achieve greater things from the life God has giving me.
Sincerely Submitted

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter from Independence Avenue Baptist Church dated February 2, 1998
Letter from applicant's mother dated February 5, 1999
Character/job reference dated January 29, 1999
Work appraisal dated September 14, 1998
Work appraisal dated October 1, 1998 to September 14, 1999
Character reference dated January 23, 1998
Character reference undated
Certificate dated during the years of 1996 and 1997
Copy of Certificate and card from National Certification Institute dated October 24, 1994
Copy of a certificate of training dated May 7, 1998

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                870615 - 880111  COG

 Period of Service Under Review :
Date of Enlistment: 880112               Date of Discharge: 910417

 Length of Service (years, months, days):

         Active: 03 03 06
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 40

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.0 (11)             Conduct: 3.5 (11)

 Military Decorations: None

 Unit/Campaign/Service Awards: Letter of Appreciation. NDSM

 Days of Unauthorized Absence: 12

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

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

 Chronological Listing of Significant Service Events :

870605:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
890515:  NJP for violation of UCMJ, Article 92:
 Specification: Failure to obey lawful order on 0700, 13Apr89.
Violation of UCMJ, Article 86:
Specification: Absent from appointed place of duty on 0700, 13Apr89.
Awarded forfeiture of $50.00 per month for 1 month. Forfeiture suspended for 3 months. Not appealed.
890725:  NJP for violation of UCMJ, Article 91 (2 specs):
 Specification 1: Willfully disobeyed the lawful order of GySgt to walk to parade deck and watch the parade on 1300, 7Jul89.
Specification 2: Disrespectful in language toward GySgt on 1300, 7Jul89, by replying "No, I'm on strike".
Awarded reduction to PFC. Reduction suspended for 6 months. Not appealed.
890802:  Vacate suspended forfeiture of $50.00 awarded at CO's NJP dated 890515.
890803:  Vacate suspended reduction to PFC awarded at CO's NJP dated 890725.

890804:  NJP for violation of UCMJ, Article 86 (2 specs):
 Specification 1: Absent from unit from 0630, 890727 until 1000, 8907XX.
Specification 2: Absent from unit from 0630-1900, 890731.
Awarded forfeiture of $54.00 per month for 1 month, restriction and extra duties for 7 days.
890815:  Applicant to unauthorized absence 1701, 15Aug89.

890824:  Applicant from unauthorized absence 1500, 24Aug89.

890908:  NJP for violation of UCMJ, Article 86
 Specification: Failed to be at appointed place of duty on 1630, 16Aug89 to 0800, 24Aug89, to wit: Company formation.
Violation of UCMJ, Article 112A:
Specification: Unlawfully used cocaine within seven days of 17Jul89.
Awarded forfeiture of $349.00 per month for 2 months, restriction for 60 days, reduction to Pvt. Restriction for 46 days suspended for 6 months.
890926:  Counseled for deficiencies in performance and conduct. [SNM has been frequently involved with military authority. He has shown disrespect towards NCO's and SNCO's, failing to obey lawful orders. Further he has frequently been UA resulting in his eventual reduction in grade. These qualities demonstrate a lack of discipline and deteriorate the fabric of this unit. Pvt (applicant) is given 6 months from date to correct these deficiencies.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
891027:  NJP for violation of UCMJ, Article 112A:
 Specification: Wrongfully use amphetamines/methamphetamine on 890815.
Awarded Official reprimand.
900417:  NJP for violation of UCMJ, Article 89:
 Specification: Disrespect towards a commissioned officer on 900122.
Violation of UCMJ, Article 92:
Specification: Disobeyed a lawful written order on 900122.
Awarded forfeiture of $362.00 per month for 2 months, restriction for 60 days. Not appealed.
900517:  Applicant advised eligible but not recommended for promotion to PFC for the month of June 1990 because of pending admin discharge.
900615:  Applicant advised eligible but not recommended for promotion to PFC for the month of July 1990 because of pending admin discharge.
900717:  Applicant advised eligible but not recommended for promotion to PFC for the month of August 1990 because of pending admin discharge.
900819:  Applicant advised eligible but not recommended for promotion to PFC for the month of September 1990 because of pending admin discharge.
900919:  Applicant advised eligible but not recommended for promotion to PFC for the month of October 1990 because of pending admin discharge.
891128:  Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.

901217:  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.
901220:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
910114:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and pattern of misconduct. The factual basis for this recommendation was your six NJP's, two of which evidenced the wrongful use of cocaine and amphetamine/methamphetamine.

910215:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to pattern of misconduct and drug abuse, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

910320:  SJA review determined the case sufficient in law and fact.

910321:  GCMCA [Commanding General, V Marine Expeditionary Force] 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 910417 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 response to the applicant’s issue 1, the Board found that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel that his immaturity was a factor that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions.

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided ample 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.

 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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