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USMC | DRB | 2002_Marine | MD02-00811
Original file (MD02-00811.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD02-00811

Applicant’s Request
The application for discharge review, received 020515, 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 030221. 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. I am requesting an honorable discharge, for the reason that this discharge I received was based on one isolated incident through out my 58 months of service, at which I served my country.

To Whom It May Concern:
I am writing this statement in request for an upgrade to an honorable discharge from the United States Marine Corps. I was discharged from the United States Marine Corps, on June 6 2001, with a discharge of other than honorable. This was awarded to me because of one isolated mistake that I had made throughout my four years and nine months of service, at which I had no other infractions occur. I regret the mistake that I made, and wish that I could do it all over, but all I can do now is show you my remorse for these actions.
Since I have been discharged I have been employed at Raytheon Technical Services, working in the field of electronics. I personally still wanted to contribute in helping out my country; at this particular job I still do that. I have worked on contracts for the United States Navy, United States Air force, Canadian Navy, Australian Air Force, and am currently working on a contract for Lawrence Livermore. All of this gives me some self-gratification, knowing I am still contributing in helping my country, but I do desire this honorable discharge.
Along with working, I am also attending San Diego City College to earn my degree in Electrical Engineering. I am currently taking two classes at this institute, Math 95 and English 101. These two classes that I am taking equal up to being 9 units, which is 2 units short of being a full time student. After acquiring my associate degree, I plan to transfer to San Diego State University to finish off my major there.
This is just an overview of what I have been doing in our society since my discharge. I am also going to start helping out here in the San Diego district by volunteering in the designated driver program, in which you drive other people home so they aren't driving around intoxicated. I hope that you see that I am trying to make a bigger part in our society and become a model citizen. If there was anything that I could do to change the actions that took place, while I was in the military, I would. All I can do now is improve myself and try to help others in this also. Thank you for your time, and I hope that you consider all of this in your decision to award an honorable discharge in my behalf.
Respectfully, [Applicant]

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Character reference letter from AVCM E_/USN
Character reference letter from AECS P_/USN
Character reference letter from MSgt S_/USMC
Character reference letter from GYSGT W_/USMC
Character reference letter from GYSGT S_/USMC
Character reference letter from GYSGT S_/USMC
Character reference letter from GYSGT P_/USMC
Character reference letter from GYSGT W_/USMC
Character reference letter from GYSGT P_/USMC
Character reference letter from SSGT O_/USMC
Character reference letter from SSGT L_/USMC
Character reference letter from SSGT G_/USMC
Character reference letter from SGT B_/USMC
Character reference letter from SGT N_/USMC
Character reference letter from AE2 B_/USN
Certificate of Good Conduct
Certificate of Navy and Marine Corps Achievement Medal
Certificate of Appreciation
Certificate of Collateral Duty Inspector
Certificate of Completion (Fundamentals of Marine Corps Leadership)
Certificate of Completion (Personal Finance)
Certificate of Completion (Math for Marines)
Certificate of Completion (Basic Nutrition)
Certificate of Completion (Marine Electrician)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                NFIR

 Period of Service Under Review :
Date of Enlistment: 960916               Date of Discharge: 010614

 Length of Service (years, months, days):

         Active: 04 08 29
         Inactive: None

 Age at Entry: 17                          Years Contracted: NFIR

 Education Level: 11 (GED)                          AFQT: NFIR

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (13)                      Conduct: 4.3 (13)

 Military Decorations: None

 Unit/Campaign/Service Awards: NMCAM, SSDRw1*, AFEM, GCM, COA, Rifle Marksman Badge

 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 :

980518:  Counseled for deficiencies in performance and conduct (Article 86, unauthorized absence from the rifle range and Article 92 failure to obey a lawful order). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
000912:  NAVDRUGLAB SAN DIEGO CA reported Applicant’s urine sample, received 000905, tested positive for methamphetamine.

010307:  Counselor, Substance Abuse Counseling Center, MCAS, Miramar conducts drug abuse screening. Diagnostic impression and recommendation are: Substance use below the diagnostic level, medical evaluation required at 1300 on 010308. Special Notes/Instructions: Recommend Administrative separation per MCO 5300.12a for drug use. Client met no criteria for drug dependence or abuse (DSM IV v71.09).

010413:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 112a.
         Specification: In that LCpl H_, U.S. Marine Corps, on active duty, did at MCAS Miramar, San Diego, CA on or about 000706, wrongfully use methamphetamine, a controlled substance.
         Finding: to Charge I and the specification thereunder, guilty.
         Sentence: Forfeiture of $389.00 pay per month for 1 month, restriction for 30 days, reduced to E-2.
         CA action 010417: Sentence approved and ordered executed.

010420:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct. Specifically, Drug Abuse (methamphetamine).
010424:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

010504:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was NAVDRUGLAB SAN DIEGO CA message DTG 121646Z SEP 00.

010518:  SJA review determined the case sufficient in law and fact.

010518:  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 010614 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 during a 58-month service period in which there were no other disciplinary infractions. The Board found that the Applicant's discharge was proper and equitable as there is credible evidence in his service record of illegal drug use. This evidence of drug use warranted processing for separation, normally under other than honorable conditions. The Applicant’s length of service, proficiency and conduct markings, service awards, and overall service record do not mitigate his use of illegal drugs and no other service characterization more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Relief is therefore denied.
Administrative separation for drug abuse is normally based on a single incident. The Applicant's positive test for drug use warranted processing for administrative separation under other than honorable conditions. The Applicant was offered an Administrative Discharge Board on 010420 and waived his right to such a board on 010424 . T he Page 11 entry of 980518, the Summary Court-Martial of 010413, the Commanding Officer's recommendation, and the review by legal authority all indicate the propriety and equity of the discharge process.

The following is provided for the edification of the Applicant. There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct in the civilian life subsequent to leaving the service. However, the NDRB is authorized to consider post-service factors in the recharacteriza-tion of a discharge. 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 may be considered. Verifiable proof of post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. E vidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities, and credible evidence of a substance-free lifestyle are examples of verifiable documents that may be provided to receive consideration for relief based on post-service conduct. While the Board respects the many character references that the Applicant submitted, this documentation is not sufficient for the Board to permit relief.

 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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