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USMC | DRB | 2002_Marine | MD02-00238
Original file (MD02-00238.rtf) Auto-classification: Denied


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



ex-PFC, USMC
Docket No. MD02-00238

Applicant’s Request
The application for discharge review, received 020114, 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 020731. 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, as submitted

1. My name is (applicant), and I am writing this letter in hopes of upgrading my Other Than Honorable Discharge from the United States Marine Corps. The reason I believe my discharge should be upgraded is the fact that this was an isolated incident in an otherwise blemish free Military career. I failed a drug test back in May 1997. I will not deny I was foolish to allow myself to get in such a predicament, but at some point this one mistake has to stop haunting me. I pleaded to be allowed to finish my four year enlistment to no avail. At my Non-Judicial Punishment hearing not one person said a negative comment about me. The reason for that is simple. I was a good Marine, and not a troublemaker. When I failed the drug test people were genuinely shocked because that was not consistent with 99 percent of my behavior. I was an expert on both the Pistol and Rifle range. My PFT scores were always first class. I used the long lunches we were given to exercise. I got to the armory early everyday and volunteered to cover for other Marines when they were sick or had family visiting. When a working party was needed I was the first Marine they requested from the Armory. It has been almost five years since one senseless decision changed my life. Although I have had good jobs for the past few years I am still ashamed of not getting an Honorable Discharge. This is something that is very important to me. I am a good person regardless of what my DD214 says, but I really want to upgrade so I can have Veteran status and say I served Honorably. I tried to go back in the Marine Corps and they told me I had to get my discharge upgraded. I even tried to enlist in the Army but the same problem prohibited me. Hopefully you will be able to see my point of view on this issue and help me in anyway possible.
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)                931022 - 940710  COG

 Period of Service Under Review :
Date of Enlistment: 940711                                 Date of Discharge: 970516

 Length of Service (years, months, days):

          Active: 02 10 06
          Inactive: None

 Age at Entry: 17 Parental Consent                         Years Contracted: 4

 Education Level: 12                                          AFQT: 84

 Highest Rank: LCpl
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (9)                                         Conduct: 4.4 (9)

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM, Certificate of Commendation
Days of Unauthorized Absence: 3
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 :

931020:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
941208:  Counseled for deficiencies in performance and conduct. [Lost ID card.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
950113:  NJP for violation of UCMJ, Article 86:
 Specification: Unauthorized absence 2359, 8Jan95 to 2222, 11Jan95 (3 days/surrendered).
Awarded restriction and extra duties for 30 days, reduction to Pvt. Reduction suspended for 3 months. Not appealed.
970226:  NJP for violation of UCMJ, Article 112A:
 Specification: Wrongfully used a controlled substance, to wit: methamphetamine on or before 27Jan97.
Awarded forfeiture of $505.00 per month for 2 months, restriction for 15 days. Forfeiture and restriction suspended for 6 months. Not appealed.
Undated:         Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.

970324:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
970402:  Applicant advised of rights and having consulted 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.

970404:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was misconduct, specifically drug abuse.

970415:  SJA review determined the case sufficient in law and fact.

970418:  GCMCA [Commanding General, 3d Marine Aircraft Wing] 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 970516 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).

Issue 1. The applicant states, his discharge was based on one isolated incident. The applicant used illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions. The Board found the applicant’s record of service was insufficient to mitigate his illegal drug use. Relief denied.

The NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied.

The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. The applicant 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. Legal representation at a personal appearance hearing is highly recommended but not required.


Pertinent Regulation/Law (at time of discharge)
A. Paragraph 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 31 Jan 97 until 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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