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USMC | DRB | 2001_Marine | MD01-00805
Original file (MD01-00805.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD01-00805

Applicant’s Request
The application for discharge review, received 010522, requested that the characterization of service on the discharge be changed to 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 011218. 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/INVOL DIS (BOARD WAIVED (MISCONDUCT) DRUG ABUSE, authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. Good Conduct Medal: Why would I receive a GCM if I were a (BAD) Marine?
My discharge should be upgraded do to the billet I held at MCAS El Toro (Comm. Squad 38) my service record speaks for itself. I made one mistake and now it is becoming a problem in my efforts to better the living conditions for children & myself.

 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)                901022 - 910909  COG

 Period of Service Under Review :
Date of Enlistment: 910910               Date of Discharge: 941001

 Length of Service (years, months, days):

         Active: 03 00 22
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 58

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.6 (7)                       Conduct: 4.1 (7)

 Military Decorations: Rifle Expert Badge

 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/INVOL DIS (BOARD WAIVED) (MISCONDUCT) DRUG ABUSE, authority: MARCORSEPMAN Par. 6210.5.

 Chronological Listing of Significant Service Events :

901019:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
930804:  NAVDRUGLAB, Oakland, CA, reported applicant’s urine sample, received 930726, tested positive for amphetamine, methamphetamine and THC.

930826:  Medical evaluation for alcohol/drug abuse found the applicant to be alcohol/drug dependent. Recommend Level III treatment for alcohol and drug dependency.
930827:  Counseled for deficiencies in performance and conduct. [Illegal drug involvement; specifically, use of marijuana, amphetamines and methamphetamine on or before 13Jul93]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
931216:  Special Court-Martial.
         Charge I: violation of the UCMJ, Article 112A (3 specs):
         Specification 1: Wrongfully use amphetamines between 6Jul93 and 13Jul93.
         Specification 2: Wrongfully use methamphetamine between 6Jul93 and 13Jul93.
         Specification 3: Wrongfully use marijuana between 29Jun93 and 13 Jul93.
         Findings: to Charge I and specification 2 and 3, thereunder, guilty. To specification 1 under Charge I, withdrawn.
         Sentence: Forfeiture of $250.00 per month for 2 months, confinement for 30 days, reduction to PFC.
         CA 940403: approved and ordered executed.

931216:  Applicant to confinement.

940109:  Applicant from confinement.
940114:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
940114:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
940125:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was your confirmed use of marijuana and methamphetamine which are illegal drugs, as identified by a random urinalysis conducted on 930713.

940316:  Applicant waived his right to an administrative discharge board.

940503:  SJA review determined the case sufficient in law and fact.

940509:  GCMCA [Commanding General, 3d Marine Aircraft Wing] forwarded recommendation to the Secretary of the Navy for the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

940830:  Message from CMC states recommendation for discharge approved.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 941001 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).

Issue 1. The applicant used illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions. With respect to a discharge adjudged by a court-martial case, the action of the NDRB is restricted to upgrades based on clemency (C, Part IV). The applicant’s case was considered under the pertinent standards of equity to determine if any factors in this particular case merited clemency. The NDRB found the applicant’s service record devoid of any mitigating or extenuating factors sufficient to offset the seriousness of the offenses for which the discharge was awarded. Relief denied.

He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.

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. 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, wrongful 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 “ afls10.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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