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USMC | DRB | 2003_Marine | MD03-00319
Original file (MD03-00319.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD03-00319

Applicant’s Request
The application for discharge review was received on 20021213. The Applicant requests that the characterization of service received at the time of discharge be changed to honorable. The Applicant requests 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 20031121. 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-Drug abuse (discharge board required but waived), authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as stated

 Applicant’s issues, as stated on the application:

“1. Dear Board
I L_ R. F_ feels like my undesirable Discharge was inequitable because of 1 accident in 7 yrs & 3 months. I was a dedicated Marine, I did my duties & more if was need of me. I admit to my mistake and deal with my punishment. I was eligible to go to the next rank before my 1 and only time mistake. I change my life totally and moved on. I work with the community and church. I have not tried drugs no more. It was just a pear pressure thing & I have been punished for it. In many ways in my life if the board feel that I should have any my grade to honorable I will make one feel like the time I served in the USMC was blessed time and worthy to my country. I feel that if nothing I should receive my upgrade & at least my VA certificate off my first honorable discharge I received before I reenlisted. Board members I have learned & changed my life over the Year to become a law bidding citizen & father & family man. I feel like I should be granted this as a sign of good faith & keep striving forward.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Certificate of Appreciation
Certificate of Reenlistment dated November 29, 1988
Honorable Discharge Certificate
Certificate of Appointment to Corporal
Letter of Appreciation dated April 7, 1989
Meritorious Mast Certificate dated December 15, 1988
Certificate of Completion dated March 31, 1989
Certificate of Completion dated April 20, 1989
Certificate of Safe Driving dated May 1, 1992
Character Reference Letter from Sheriff T_ G. E_ dated July 11, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              850108 - 881128  HON
         Inactive: USMCR(J)                840516 - 850107  COG

 Period of Service Under Review :
Date of Enlistment: 881129               Date of Discharge: 920522

 Length of Service (years, months, days):

         Active: 03 05 24
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

Education Level: 12                        AFQT: 34

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.7 (11)                      Conduct: 4.4 (11)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksmanship Badge, GCM (w/1*), HSM, NDSM, SASM (w/3*), KLM

 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 :

881129:  Reenlisted at 9THMTBN, 3RDFSSG, FMFPAC for 4 years.

 900315:  Counseled for deficiencies in performance and conduct. [Disrespect to SNCO’s and developing pattern of domestic violence.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920320:  NJP for violation of UCMJ, Article 112a: Did use marijuana as confirmed by NAVDRUGLAB Message 102049Z Mar 92.
 Awarded forfeiture of $200.00 pay per month for 2 months, restriction and extra duties for 45 days, reduction to E-3. Not appealed.
920420:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct and drug abuse.
920420:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

920422:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and due to drug abuse. The factual basis for this recommendation was under paragraph 6210.3: On 29 December 1986 you were counseled in accordance with paragraph 6105 of the reference for lack of attention to duty and repeated occurrences of failing to obey the orders of Noncommissioned Officers; on 15 March 1990 you were counseled in accordance with paragraph 6105 of the reference for disrespect to a Staff Noncommissioned Officer and developing a pattern of domestic violence; on 20 March 1992 you received Nonjudical Punishment for wrongful use of marijuana.

920512:  SJA review determined the case sufficient in law and fact.

920512:  GCMCA [Commanding General, 2 nd Marine Aircraft Wing] directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19920522 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. Separation under these conditions generally results in characterization of service 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. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any 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. Evidence of continuing educational pursuits, 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 documentation that should have been provided to receive consideration for relief, based on post-service conduct. The Applicant’s evidence of post-service conduct was found not to mitigate the offense for which he was discharged. 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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