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USMC | DRB | 2000_Marine | MD00-00760
Original file (MD00-00760.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD00-00760

Applicant’s Request
The application for discharge review, received 000523, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed VETERANS OF FOREIGN WARS as his 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 (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. The purpose of this statement is to respectfully request an upgrade in my military discharge from the UCMC from "other than honorable " conditions to an "honorable" status. I base my request upon my present conduct, my achievements and my accomplishments since my discharge from the marine corps. I humbly ask that you consider the transformation that has taken place since my disch and younger days of immaturity. Consequently, my conduct and military bearing was not what it could have been under different circumstances, the attached statements will support that I am an advocate for education and advancement in the present day inviorment which is usually plagued with gang violence and drug troubled youth.

2 (VFW ISSUE) Post service conduct. Applicant shows remorse and takes responsibility for his actions. A statement from his mother stating that he has been drug fee since 1993. Mr B____ attended a personal development seminar for 21 days and for a total of 225 hours. His attitude has been one of total involvement in the process of learning and developing his personal and work skills to create a better life and give back to the community. Work involvement has been outstanding going from a laborer to supervisor for the company that he is employed with.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Employment Reference Letters (3)
Training and Development Reference Letter
Police Clearance Record (3)
Affidavit from Applicant Mother

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                890503 - 890521  COG

 Period of Service Under Review :
Date of Enlistment: 890522               Date of Discharge: 921113

 Length of Service (years, months, days):

         Active: 03 05 22
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

Education Level: 12                        AFQT: 65

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.7 (9)              Conduct: 4.4 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Expert Badge, NDSM, SSDR, GCM, SASMw1*, MUCw1*, Meritorious Mast

Days of Unauthorized Absence: None

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 :

890502:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

890731:  Counseled for deficiencies in performance and conduct. [Concerning illegal use confirmed by urinalysis testing on 890523 by NAVDRUBLAB, SDIEGO, CA msg 012100Z Jun 89, for use of THC. SNR was interviewed and found not dependent of THC by a medical officer.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

890731:  Granted waiver for defective enlistment re: illegal drug use.

920630:  Counseled for deficiencies in performance and conduct. [Driving under the influence, below the legal BAC] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920818:  NJP for violation of UCMJ, Article 112a: Wrongfully use AMP/METHAMP, a controlled substance onboard MCB, CamPen, or in the vicinity thereof on or about 920713.
 Awarded forfeiture of $500.00 per month for 2 months, restriction and
extra duties for 45 days, reduction to E-3. Not appealed.
920818:  Counseled for deficiencies in performance and conduct. [Concerning wrongful use of a controlled substance and frequent involvement with civil and military authorities] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920914:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
920914:  Applicant advised of his rights and having elected 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.

921005:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was his NJP which evidenced the illegal use of drugs. Additionally, the SNM was granted a drug waiver on 31 July 1989 after it was discovered he was a fraudulent enlistment.

921014:  SJA review determined the case sufficient in law and fact.

921014:  GCMCA [CG, 1 st FSSG] 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 921113 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 issues 1 and 2 the applicant requests upgrade based on his post service conduct. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (B, Part IV). 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 has provided 3 letters of recommendation from his employer, past and present, as documentation of his post-service. The applicant's efforts need to be more encompassing than those provided. The applicant should have produced evidence of continuing educational pursuits, documentation of community service, 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. 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 his 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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