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USMC | DRB | 2000_Marine | MD00-00762
Original file (MD00-00762.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD00-00762

Applicant’s Request
The application for discharge review, received 000524, 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 001201. 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 CONDITIONS OTHER THAN HONORABLE/Separation in lieu of trial by court-martial, authority: MARCORSEPMAN Par. 6419.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. My record of A.W.O.L/U.A. indicates only minor or isolated offenses. RE: I had a child that was born pre-mature and un-healthy since I wasn't married I wasnt granted an Emergency leave. As a result, I was A.W.O.L.

2. My ability to serve was impaired by my youth and Immaturity. RE: I was very young and imature and made some immature decisions as a result, I recieved a bad discharge.

3. I was told by my 1 st SGT that I would recieve an Honorable discharge His reason was He said "I was unable to adapt to military conditions.

4. My use of marijuana impaired my ability to serve. I have presently been drug free for 2 1/2 years and I am making a sincere attempt to be a successful responsible man.

 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)                871022 - 880221  COG

 Period of Service Under Review :
Date of Enlistment: 880222               Date of Discharge: 890104

 Length of Service (years, months, days):

         Active: 00 10 13
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 44

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.0 (3)                       Conduct: 3.6 (3)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 44

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

UNDER CONDITIONS OTHER THAN HONORABLE /Separation in lieu of trial by court-martial, authority: MARCORSEPMAN Par. 6419.

 Chronological Listing of Significant Service Events :

880216:  Initial enlistment contract documents admission of pre-service marijuana experimentation. Enlistment waiver granted. Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

880623:  Counseled for deficiencies in performance and conduct. [Substandard academic performance in a formal course of instruction.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

880902:  NJP for violation of UCMJ, Article 112A:
 Specification: Wrongful use of controlled substance, to wit: cocaine. In that on 880804 applicant tested positive on a urinalysis test given on 880802.
Awarded forfeiture of $250.00 per month for 2 months, restriction and extra duties for 45 days, reduction to Pvt. Not appealed.
880921:  Counseled for deficiencies in performance and conduct. [Substandard performance, failure to obey orders, being habitually late and frequent involvement with military authorities.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

880923:  Dependency evaluation: Cocaine dependency.

880930:  Applicant to unauthorized absence on 1400, 30Sep88.

881030:  Applicant declared a deserter on 881030 having been an unauthorized absentee since 1400, 880930 from 2dLAADBn, MACG-28, 2dMAW FMFLant, MCAS Cherry Point, NC.

881106:  Applicant from unauthorized absence 2036, 6Nov88 (37 days/surrendered).

881114:  Applicant to unauthorized absence 2100, 14Nov88.

881122:  Applicant from unauthorized absence 2058, 22Nov88 (7 days/surrendered).

881213:  Applicant, having consulted with counsel certified under UCMJ Art 27b, requested discharge for the good of the service to escape trial by court- martial. [Extracted from CG's letter dated 23Dec88.]

881223:  SJA review determined the case sufficient in law and fact.

881223:  GCMCA [Commanding General, 2d Marine Aircraft Wing] approved separation in lieu of trial by court-martial, and directed discharge under conditions other than honorable by reason of conduct triable by courts-martial.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 890104 under conditions other than honorable in lieu of trial by court-martial (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 Board disagrees with the applicant’s statement that being AWOL /UA were only minor and isolated offenses. The applicant was UA on 2 different occasions, totaling 44 days. One of those occasions he was declared a deserter. These are serious offenses punishable by the UCMJ. Relief denied.
The Board found that the applicant’s age, education level, and test scores qualified him for enlistment, issue 2. 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. Relief denied.

Issue 3 is non-decisional. Relief denied.

In issue 4, the applicant states that he has been drug free for 2 ½ years. He has provided no proof that this is the case. Relief denied.

The applicant states that his use of marijuana impaired his ability to serve and that he has been drug free for 2 ½ years. The Board found that the applicant had a pre-drug waiver to enlistment in the Marine Corps. His usage did not stop at the time he enlisted, as is evident by his positive urinalysis and subsequent NJP for cocaine. He was found to be dependent. He has provided no evidence to indicate that he is drug free. Relief denied.

The applicant is reminded that he is eligible for a person appearance hearing within 15 years from the date of his discharge. The applicant is encouraged to provide proof of a drug free life style at that hearing.

Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6419, SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C), Change 2, effective 15 May 84 until 26 Jun 89.

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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