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Decision Text

USMC | DRB | 2003_Marine | MD03-00076
Original file (MD03-00076.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD03-00076

Applicant’s Request
The application for discharge review, received 20021009, 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 20030912. 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 NRDB. 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-Drug abuse (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as submitted

1. I understand the severity of my actions. I am embarrassed for having humiliated myself and the Marine Corps. All I can ask for is forgiveness. Thank you for your time. I have seeked counseling for my action.

 Documentation
In addition to the service record (ONLY A PARTIAL DISCHARGE PACKAGE WAS AVAILABLE), the following additional documentation, submitted by the Applicant, was considered:
Copy of Navy Achievement Medal Citation
Copy of Meritorious Mast Certificate
Copy of Navy Achievement Medal Certificate

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                900206 - 900827  COG

 Period of Service Under Review :
Date of Enlistment: 900828               Date of Discharge: 940214

 Length of Service (years, months, days):

         Active: 03 05 17
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 32

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (11)                      Conduct: 4.2 (11)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Expert Badge, NDSM, SSDRw/1*, JMUA, SASMw/1*

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS /Misconduct-Drug abuse (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.5.

 Chronological Listing of Significant Service Events :

900206:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

920324:  Counseled for deficiencies in performance and conduct. [Possession of a controlled substance which is prohibited in the State of North Carolina.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
920625:  NJP for violation of UCMJ, Article 112a: Wrongfully possessed marijuana, a controlled substance, such conduct being prejudicial to the good order and conduct of the United States Marine Corps and the Armed Forces of America.
 Awarded forfeiture of $440.00 pay per month for 1 month, restriction and extra duties for 45 days, reduction to PFC (suspended for 3 months). Not appealed.
931102:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance, that on or about 930928, at an unknown time and location, SNM did wrongfully use THC, a controlled substance which was indicated by the presence of THC in the body of the accused.
 Awarded forfeiture of $456.00 pay per month for 2 months, restriction and extra duties for 45 days (25 days suspended for 6 months), reduction to PFC. Not appealed.
931123:  Medical evaluation for drug abuse found the Applicant to be alcohol and cannabis dependent.
931209:  Commanding Officer, 3 RD Battalion, 8 th Marines recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.

940129:  SJA review determined the case sufficient in law and fact.

940208:  GCMCA [Commanding General, 2d Marine Division, MarForLant] 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 19920414 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. 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 P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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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