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USMC | DRB | 2000_Marine | MD00-00913
Original file (MD00-00913.rtf) Auto-classification: Denied


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

ex-PFC, USMCR
Docket No. MD00-00913

Applicant’s Request
The application for discharge review, received 000712, 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 020901. 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. Dear Sir or Madam:

Thank you for reviewing my application for correction of my military record. The record in reference is my discharge. I served in the USMCR. I received separation papers from my CO of "K" Battery, 4 th Battalion, 14 th Marines, 4 th Marine Division on 19Apr96. I believe the other than honorable discharge was granted on 3OMay96. I received this type of discharge because I tested positive for THC on a urinalysis. I was nineteen years of age at the time. It was, without a doubt, the most shameful day of my life. First of all, I'd like to apologize for degrading the name of the Marine Corps and the Department of the Navy. I humbly accepted my punishment at that time because I well Deserved it. When I signed up for the Marines, I realize that I made a commitment not to use drugs. I went back on my promise and humiliated my peers, my Marine Corps, and myself. For this I sincerely apologize. Thankfully, I have grown in many aspects of my life since then. I have been free from the bondage of drugs and other things since I gave my life to the Lord about one and one half years ago. I'll try not to bore you with too many personal details of my life. I just wanted to brag on the Power that set me free for a moment. I didn't write this letter to you today to impress you or beg anything of you. I simply am asking for clemency. I've tried to forgive myself for my past mistakes; however, it is difficult when I still have a malignant record of my past hanging over me. For years I've tried to hide the truth about my past to spare further humiliation to myself, but it often comes up in conversations with people. I still have a USMC license plate on the front of my vehicle so the topic comes up a lot. You may be asking "Why doesn't this guy just forget about it and try to forget about his past with the Marine Corps?" Well, regardless of my past conduct, I still gained the right to claim the name when I graduated recruit training. It is something that will always remain with me. If you check my records, you'll find that I was always in good order. I'll not boast but only say that I did my best job as a Marine despite my dependency on drugs at the time. I feel that I deserve a better grade of discharge now because I have endured punishment through sufferings of shame among other things since 1996. Hopefully, you have reviewed this letter completely and have a feeling about where my heart is. I pray that you will react justly. Thank you,

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)                941230 - 950226  COG

 Period of Service Under Review :
Date of Enlistment: 950227               Date of Discharge: 961016

 Length of Service (years, months, days):

         Active: 01 07 20
         Inactive: None

 Age at Entry: 18                          Years Contracted: 6

 Education Level: 12                        AFQT: 81

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (4)                       Conduct: 4.1 (4)

 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 :

941229:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
960311:  NAVDRUGLAB, Jacksonville, FL, reported applicant’s urine sample, received 960228, tested positive for THC.

 960317:  NJP for violation of UCMJ, Article 112A:
 Specification: Wrongful use of a controlled substance, THC as identified by NAVDRUGLAB, Jacksonville, FL message 111700Zmar86.
Awarded Reduction to PFC. Not appealed.
960419:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by wrongful use of a controlled substance, THC.
960429:  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.

960530:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was use of marijuana.

961015:  SJA review determined the case sufficient in law and fact.

961015:  GCMCA [Commanding General, Marine Forces Reserve] 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 961016 under other than honorable conditions for misconduct due to drug abuse (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

The applicant introduced no decisional issues for consideration by the Board.

 The following is provided for the applicant’s edification. The NDRB is authorized to consider 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. 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. While the Board applauds the applicant’s stated change of behavior and encourages these efforts, he should have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs in order for consideration for an upgrade of his discharge 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 reminded that 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 P1900.16E), effective 18 Aug 95 to Present.

B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 112a, unlawful use of a controlled substance.
C. 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.

D. 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.

E. 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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