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USMC | DRB | 2000_Marine | MD00-00698
Original file (MD00-00698.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD00-00698

Applicant’s Request
The application for discharge review, received 000503, requested that the characterization of service on the discharge be changed to honorable or 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 010116. 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 4 to 1 that the character of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Drug abuse (with admin discharge board required but waived).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues

1. Dear Sirs, I will alwalys regret the foolish thing I did in the service. I will go to my grave wishing I could have finished my enlistment. I have tried to do the right thing since my discharge. I want to provide a more stable future for my family. Without an upgrade I can never give them that. If you could look at my recommendations. You can see that I don't condone the bad things in life. And I try to teach my 3 kids that drugs and alcohol will ruin your life. If I could go back and change my separation from the service I would be proud too. Its very hard going through life with this hanging over my head. Please consider my upgrade. With all due respect.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of certificate dated April - August 1984
 Copy of applicant's resume
Character reference from Assistant Cashier, Randolph County Bank dated January 14, 1998 (2 copies)
Character reference dated April 26, 2000
Certificate dated December 12, 1998
Character reference dated January 22, 1998
Character reference dated February 22, 1998
Character reference from applicant's wife dated April 23, 2000
Statement from applicant dated August 11, 2000
Applicant's letter to Board dtd 16 Dec, 2000 with additional doucments
American States Insurance Company, Indianapolis, IN, License or Permit Bond dtd July 24, 1996 to Jul 25, 1997
Clothing badges from BC&T Union Steward and Colonial Bakery

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                830125 - 830427  COG

Period of Service Under Review :
Date of Enlistment: 830428               Date of Discharge: 850611

 Length of Service (years, months, days):
         Active: 02 01 24
          Inactive: None
Age at Entry: 21                          Years Contracted: 3

 Education Level: 12                        AFQT: 25
Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.1 (5)              Conduct: 4.1 (5)

 Military Decorations: None
Unit/Campaign/Service Awards: SSDR, AFEM

 Days of Unauthorized Absence: None
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

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

 Chronological Listing of Significant Service Events :

830505:  Applicant identified as a fraudulent enlistee by reason of driving while intoxicated and theft.
830601:  Waiver approved by CG, MCRDep, Parris Island, SC.
830611:  Applicant notified of recommendation for an entry level separation by reason of defective enlistment due to fraudulent enlistment; failure to disclose pre-service drug usage.
830714:  Commanding General approved applicant's retention.

 840925:  NJP for violation of UCMJ, Article 113:
 Specification: Found sleeping upon his post on 0220, 24Sep84.
 Awarded forfeiture of $150.00 per month for 1 month, restriction and extra duties for 14 days. Extra duty suspended for 6 months. Not appealed.
840926:  Counseled for deficiencies in performance and conduct. [Unsatisfactory performance and unacceptable conduct. Violation of Article 113, UCMJ.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
841026:  Counseled for deficiencies in performance and conduct. [Unsatisfactory performance, unacceptable conduct, violation Article 113, UCMJ.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
841220:  NJP for violation of UCMJ, Article 112A:
 Specification: Wrongfully use a schedule I controlled substance, to wit: marijuana.
 Awarded forfeiture of $330.00 per month for 2 months, restriction and extra duties for 45 days, reduction to PFC. Restriction and extra duty suspended for 6 months. Not appealed.
841220:  Counseled for deficiencies in performance and conduct. [Unsatisfactory performance and unacceptable conduct. Violation of Article 134, UCMJ.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
850118:  Counseled for deficiencies in performance and conduct. [Unsatisfactory performance and unacceptable conduct.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
850201:  Summary Court-Martial.
          Charge I: violation of the UCMJ, Article 112A:
          Specification: Wrongfully use marijauana on 4Jan85.
         Finding: to Charge I and the specification thereunder, guilty.
          Sentence: Forfeiture of $413.00, confinement for 30 days, reduced to Pvt.
          CA action 850201: Sentence approved and ordered executed.
850201:  Applicant to confinement.

 850225:  Applicant released from confinement.
850530:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
850530:  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.
850530:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was applicant's nonjudicial punishment of 20 December 1984 and your summary court-martial of 1 February 1985.

850531:  SJA review determined the case sufficient in law and fact.

 850610:  GCMCA [Commanding General, 2d Marine Division, FMF] 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 850611 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, by a vote of 4 to 1, found that the discharge was proper and equitable (C and D).
The NDRB is authorized to consider outstanding post-service conduct, (issue 1) 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. However, there is no law or regulation that 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 be found to have existed during the period of enlistment in question. No such error or injustice is evident in the applicant’s service record. 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 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 highly encouraged to apply for a personal appearance hearing with these certifications in addition to proof of his continued community service and post service conduct. He remains eligible for a personal appearance hearing provided that an 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 P1900.16C), Change 2, effective 15 Apr 84 until 28 Jul 87.
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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