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USMC | DRB | 2003_Marine | MD03-00049
Original file (MD03-00049.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD03-00049

Applicant’s Request
The application for discharge review, received 20021002, 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 20030828. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. 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

Prior to the documentary discharge review, the Applicant introduced no issues as Block 8 on the DD Form 293 is blank.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214 (Member 4) (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                950322 - 950326  COG

 Period of Service Under Review :
Date of Enlistment: 950327               Date of Discharge: 990115

 Length of Service (years, months, days):

         Active: 03 09 19
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 45

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (10)             Conduct: 4.4 (10)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR

 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 :

950214:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
960320:  Counseled for deficiencies in performance and conduct. [Involvement of a discreditable nature, which has resulted in violation of the UCMJ.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
960321:  NJP for violation of UCMJ, Article 92:
 Specification: Violate a lawful order, to wit: operating a POV without a valid operator's license.
Awarded forfeiture of $236.00 per month for 1 month, restriction and extra duties for 14 days. Forfeiture suspended for 6 months. Not appealed.
970923:  Counseled for deficiencies in performance and conduct. [Frequent involvement of a discreditable nature which have resulted in violations of the UCMJ, to wit: received a DWI (BAC.11) out in town, pending civil court out in town.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
971015:  Counseled for deficiencies in performance and conduct. [Loss of government identification card.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
980106:  Counseled for deficiencies in performance and conduct. [Frequent involvement of a discreditable nature which have resulted in a violations of UCMJ, to wit: convicted in a civil court for DWI BAC .11. Referred to Bn Cmdr for CRB. Reduced to PFC. Driving privileges revoked aboard Camp Lejeune for 1 year from this date.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
981027:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 981028, tested positive for THC.

981123:  Medical evaluation for drug and alcohol abuse found the Applicant to be a drug abuser (isolated incident), and alcohol dependent, in partial remission.

981203:  NJP for violation of UCMJ, Article 112A:
 Specification: Wrongful use of controlled substance, specifically marijuana on 981020.
Awarded forfeiture of $519.00 per month for 2 months, restriction and extra duties for 45 days, reduction to PFC. Not appealed.
981207:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and a pattern of misconduct.
981207:  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.

981207:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and a pattern of misconduct. The factual basis for this recommendation was numerous counseling entries and two nonjudicial punishments, including the most recent NJP for a violation of Article 112A, wrongful use of a controlled substance, specifically marijuana.

990106:  SJA review determined the case sufficient in law and fact.

990112:  GCMCA [Commanding General, 2d Marine Division, II Marine Expeditionary Force] 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 19990115 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).
The Applicant introduced no decisional issues for consideration by the Board. 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. 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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