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USMC | DRB | 2003_Marine | MD03-00891
Original file (MD03-00891.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD03-00891

Applicant’s Request
The application for discharge review was received on 20030410. The Applicant requests the characterization of service received at the time of discharge be changed to honorable conditions and the reason for the discharge be changed. 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 20040401. 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 and narrative reason 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 stated

 Applicant’s issues, as stated on the application:

1. “I respectfully request a change in my DD214. My Other Than Honorable Conditions for Misconduct-Drug Abuse are very damaging marks received by a young Marine who fell into a bad clique and made the gravest mistake of his life. As a young man, I joined -the Marines, went through Boot Camp, MCT, and arrived at NASA Memphis to study aircraft maintenance. After several passed classes, it was clear I was struggling in the electronic field of my studies. After failing one test by no more than 2 points, the instructors informed me that I would be held back to wait for the next class of Marines so I could retake the course while my current class advanced without me. I was very upset when the day came for my class to move forward without me and I was faced with 3 weeks of waiting on barracks support. I met with the instructors who made the decision for me to stay back and some strong words were exchanged. I soon found myself out of school and waiting for a new MOS. While waiting, I was working on a daily basis with other Marines awaiting discharges. Unfortunately, these were the Marines I spent my days with while the rest of my class moved on. After a few weeks, I made some very bad decisions. The other Marines had nothing to lose while waiting for their discharges. I, being young and dumb, lost everything and ended up discharged myself without the possibility of re-entry into the Marines. Many years have passed and I realize and understand the mistakes I made and how they have affected my life. I am now a young 27 year old in great shape and ready to serve my country in the way I was trained. I respectfully request a change to my DD214 so that a Marine can serve his country honorably in this time of war.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’ s DD Form 214
Letter to Applicant from National Personnel Records Center, dated March 20, 2003
Applicant’s certificate of live birth
Applicant’s social security card

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                930929 - 940310  ELS
                  USMCR(J)                 950314 – 950402  COG

 Period of Service Under Review :
Date of Enlistment: 950403               Date of Discharge: 951219

 Length of Service (years, months, days):

         Active: 00 08 17
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 36

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.0 (2)                       Conduct: 3.0 (2)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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 :

950313:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
951005:  Counseled for deficiencies in performance and conduct. [Academic drop from the AS course of instruction, drop code FAG.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
951011:  Counseled for deficiencies in performance and conduct. [Lack of motivation, military bearing and discipline. Specifically stating on 951011 to Staff Sergeant D_ F_ H_ that I have no desire to be a Marine, and that I have been seeking psychiatric evaluation to aid in being discharged from the Marine Corps.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

951026:  Applicant found to be an abuser of alcohol and drugs and recommended for Level II.
951026:  Applicant refused treatment.

951027:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 112A:
         Specification: Wrongfully use marijuana between 951019 and 951022.
         Finding: to Charge I and the specification thereunder, guilty.
         Sentence: Forfeiture of $569.00, confinement for 30 days, reduced to Pvt.
         CA action 951031: Sentence approved and ordered executed.

951102:  CAAC evaluation for alcohol and drug abuse found the Applicant to be a alcohol/drug abuser, not dependent.

951113:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
951113:  Applicant advised of 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.

951117:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was your illegal in-service use of a controlled substance as evidenced by your conviction at a summary court-martial for wrongful use of marijuana.

951210:  SJA review determined the case sufficient in law and fact.

951210:  GCMCA [Commander, Marine Corps Air Bases, Eastern Area] 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 19951219 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. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Separation under these conditions generally results in characterization of service under other than honorable conditions. Relief denied.

The NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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 18 Aug 95 to 30 Jan 97.

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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