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USMC | DRB | 2000_Marine | MD00-00697
Original file (MD00-00697.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD00-00697

Applicant’s Request
The application for discharge review, received 000508, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance discharge review hearing. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

 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, authority: MARCORSEPMAN 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I was a squad leader through out all but the first two weeks of boot camp.

2. I was Meritoriously promoted to PFC before Graduation.

3. My Pro's and Con's were good.

4. Never had any discrepancies during inspections.

5. During an inspection my CO said I was a poster boy Marine.

6. Urinenalasyst always came back negative.

7. At the time of my NJP Lt. Colonel V_ said no matter how great of a Marine I was and how good of Marine my Commanding officers say I am. It just would not be fair for me to stay in and get rid of everybody else.

8. My Platoon Commander requested that I recieve an honorable discharge instead of an OTH.

9. In the Corps I did my job a 110% everyday. I have great respect for the Corps and all Veterans.

10. To this day the Corps is still installed in me.

11. I feel that I was in the wrong place at the wrong time. I have no regrets. I learned a lot.

12. The Corps has helped me even after my discharge. I'm very well liked and I'm a very respected person.

13. Even though I recieved an OTH. My mind and my heart still say Once a Marine always a Marine.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                940727 - 950313  COG

 Period of Service Under Review :
Date of Enlistment: 950314               Date of Discharge: 960417

 Length of Service (years, months, days):

         Active: 01 01 04
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 51

 Highest Rank: Pvt.

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.4 (5)                       Conduct: 3.3 (5)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

 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 :

940726:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
951218:  Counseled for deficiencies in performance and conduct. [Self admittal for the use of a controlled substance which is in direct violation of the Uniform Code of Military Justice.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
951221:  NJP for violation of UCMJ, Article 112A (2 specs):
 Specification 1: Wrongfully use marijuana, sometime during the month of Aug95to wit: self admission to NCIS statement dated 27Nov95.
Specification 2: Wrongful use marijuana, sometime during the month of Oct95, to wit: self admission to NCIS statement dated 27Nov95.
Awarded forfeiture of $395.00 per month for 1 month, restriction and extra duties for 45 days, reduction to Pvt. Not appealed.
951222:  Counseled for deficiencies in performance and conduct. [Wrongful use of marijuana, violation Article 112a, UCMJ. Resulting in Bn NJP held on 951221.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
960119:  Substance Abuse Counseling Center screening: Drug abuse.

960123:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
960123:  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.

960125:  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 marijuana on two separate occasions.

960305:  SJA review determined the case sufficient in law and fact.

960307:  GCMCA [Commanding General, 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 960417 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 issues 1 through 5, and 9, the Board found that the applicant’s misconduct due to drug abuse outweighed the positive aspects of his service in the Marine Corps and he was therefore deserving of an other than honorable characterization.

The applicant states in issue 6 that the “u rinenalasyst (sic) always came back negative.” The Board found that the applicant self admitted to using marijuana on at least 2 separate occasions. Although very reliable, the applicant’s urinalysis test was not the determining factor in the applicant’s separation from the service for drug abuse, but rather it was the applicant’s self admission to drug use. No relief will be granted based on this issue.

In response to the applicant’s issue 8, although the applicant’s platoon commander may have recommended an honorable discharge for the applicant, the GCMCA is the final discharge authority and makes the final decision on member’s discharge characterizations. Individuals discharged for misconduct due to drug abuse are normally separated under other than honorable conditions.
The applicant’s issues 7, 10, 12 and 13 are non-decisional issues for the Board.

The applicant states in issue 11 that he “ was in the wrong place at the wrong time.” The applicant is responsible for his actions and must accept the consequences of his misdeeds. There is nothing in the service record, nor does the applicant submit any evidence to indicate that his rights were prejudiced. No relief is warranted.

The applicant is reminded that he is eligible for a personal appearance within 15 years from the date of his discharge.
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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