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USMC | DRB | 2002_Marine | MD02-00567
Original file (MD02-00567.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD02-00567

Applicant’s Request
The application for discharge review, received 020321, 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 021217. 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. After returning from a home break. The NCIOC officer singled me out. She had asked me if there was anything that I had done while I was at home. I asked what do you mean, she had asked if I had done any drugs while I was at home, because she was about to have me drop a urine test. I don't know why I was pointed the finger at, its not like I had a drug issue while in the service. I did answer her question and I told the whole truth. While I was at home I went to a New Years Eve party and was gathering with a lot of high school friends, which at that time I did take two hits off of a marijuana, joint. The biggest mistake that I have ever made. I did do what the officer had asked me I gave a urine sample, and the test showed a NEGATIVE result. It goes to show that I don't have a drug habit, and as you will see I have sent attachments of letters of recommendation from out sider that were my teachers in the service I have also summited a couple of the board hearings along with the orders of pun shipment that I received. After the military played games with weather or not to discharge me I never once gave up hope on the marines that they would want to keep a hard honest, working soldier, rather than that I received a other than Honorable with the loss of pay for two months and received a discharge that I don't deserve. I wish that the board would consider me for at least a general or even more gratefully an honorable Discharge. I have never wanted any thing more in life but to follow the footstep of my family members who have served, for their country. Due to the discharge I received it as had reflections on my trying to father a life long career in the civil service area. Thank you for the time that you have taken to review my case.
Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION." None were found.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant 's DD Form 214
Thirteen pages from Applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                980421 - 980816  COG

 Period of Service Under Review :
Date of Enlistment: 980817               Date of Discharge: 010116

 Length of Service (years, months, days):
         Active: 02 05 00
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 53
Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: NMF*                          Conduct: NMF

 Military Decorations: None
Unit/Campaign/Service Awards: Letter of Appreciation

 Days of Unauthorized Absence: None
*No Marks Found in the service record.
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 :

980420:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
000110:  Criminal Investigation Report: Found in service record.
000127:  Medical evaluation (CAAC) for drug abuse found the Applicant to be a drug abuser, not drug dependent.

000217:  NJP for violation of UCMJ, Article 112a:
 Specification: Admitting to CID that at a Christmas party on 991231 he smoked marijuana.
 Awarded forfeiture of $563.00 per month for 2 months, restriction and extra duties for 45 days, reduction to PFC. Not appealed.
000229:  Counseled for deficiencies in performance and conduct. [Admission of drug abuse.] Advised of processing for administrative separation for misconduct, by reason of drug abuse, per paragraph 6210.5 of MCO P1900.16.
000322:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
000322:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
000322:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was wrongful use of a controlled substance (marijuana) as evidenced by the Criminal Investigation Division report of January 10, 2000.

000516:  Applicant submitted a conditional waiver.

 000918:  Conditional waiver disapproved.
001108:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

001218:  SJA review determined the case sufficient in law and fact.
001218:  GCMCA [Commanding General, 2d 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 010116 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 Board found no inequity or impropriety in the investigation concerning the Applicant’s illegal drug use. There is credible evidence in the record that the Applicant used illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions. Relief 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 inequity must have existed during the period of enlistment in question. No such error or inequity is evident 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. Relief not warranted.

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. Representation at a personal appearance hearing is 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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