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USMC | DRB | 2000_Marine | MD00-00767
Original file (MD00-00767.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD00-00767

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 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 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
1. I feel that my discharge is based on an isolated event that I considered the worst mistake of my life. I do however strongly feel that my enlistment of 5 years and 7 months will present its self as being honorable.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from Applicant
Employment Reference Letter
 Copies of DD Form 214 (2)


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
          Inactive: USMCR(J)                930619 - 940314  COG
Period of Service Under Review :
Date of Enlistment: 940315               Date of Discharge: 971113
Length of Service (years, months, days):
         Active: 03 07 28
         Inactive: None
Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 74
Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 3.9 (11)                      Conduct: 3.6 (11)

 Military Decorations: None
Unit/Campaign/Service Awards: Rifle Expert Badge, Pistol Expert Badge, NDSM, SSDR, CertCom, LOA

 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 :

930616:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
951020:  Counseled for deficiencies in performance and conduct. [Failure to demonstrate proper judgement and initiative by failing to report back to the command at the proper time when returning from leave.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
960619:  Counseled for deficiencies in performance and conduct. [Your recent NJP dated 960619 for violation of Article(s) 86 or the UCMJ: UA] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
960626:  NJP for violation of UCMJ, Article 86: UA from appointed place of duty.
 Awarded forfeiture of $509.00 per month for 1 month, extra police duty for 45 days, reduction to E-2 (suspended for 60 days). Not appealed.
970614:  NJP for violation of UCMJ, Article 112a: Wrongfully use THC, an illegal controlled substance on or about 970403.
 Awarded forfeiture of $505.00 per month for 2 months, restriction for 60 days, reduction to E-2. Not appealed.
970703:  Counseled for deficiencies in performance and conduct. [Frequent violations of the UCMJ] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 971002:  Counseled for deficiencies in performance and conduct. [Drug abuse] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

Note: Discharge Package unavailable

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 971113 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 issue, he states that this was an isolated incident . This is not the case. The applicant had 2 NJP’s, one for the use of THC and the other for being UA. The Board found that the applicant’s use of THC was a very serious incident of misconduct, which unfortunately overshadowed the otherwise good in the applicant’s service record. Relief denied.

The applicant is reminded that he is eligible for a personal appearance hearing provided his request is received within 15 years from the date of his discharge. Proof of post-service conduct, i.e. a drug free environment, community service, employment etc. are essential.
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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