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USMC | DRB | 2003_Marine | MD03-00932
Original file (MD03-00932.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD03-00932

Applicant’s Request
The application for discharge review was received on 20030424. The Applicant requests 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 20040312. 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/INVOL DIS (BOARD WAIVED) (MISCONDUCT) DRUG ABUSE, authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:

1. “Aside from the one isolated drug use incident, my service record was satisfactory. ASWAUTH (A85.08) I feel that for me to pay for the rest of my life with an OTH Discharge for one isolated incident is entirely too harsh. To this day, I have not used any type of drug since that ridiculous isolated day which I will always regret. I have never been into trouble or looked upon as a problem type person before, during, or after my time in the military. I promise to you, drugs were not and are not me. I have never been fired from a job + I have always excelled in everything I do.
I am now happily married with a beautiful three year old boy. I work full-time as an automotive technician and go to school and excel in both. I am submitting this form in hopes of an upgrade to an Honorable discharge from the service so I can quit hiding a part of my life.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Certificate of marriage
Certificate of live birth
Universal Technical Institute acceptance letter

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                930416 - 930502  COG

 Period of Service Under Review :
Date of Enlistment: 930503               Date of Discharge: 950210

 Length of Service (years, months, days):

         Active: 01 09 08
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 69

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (8)                       Conduct: 4.4 (8)

 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/INVOL DIS (BOARD WAIVED) (MISCONDUCT) DRUG ABUSE, authority: MARCORSEPMAN Par. 6210.5.

 Chronological Listing of Significant Service Events :

930415:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs. Applicant admitted to pre-service drug use.
940902:  NJP for violation of UCMJ, Article 112a: Wrongful use of marijuana.
 Awarded forfeiture of $400.00 per month for 2 months, restriction and extra duties for 30 days, and reduction to PFC. Not appealed.
941006:  NAVDRUGLAB San Diego, CA reported Applicant’s urine sample, received 940930, tested positive for THC.
941107:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by testing positive for marijuana/THC on 940929.
941107:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights.
941107:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.

950109:  Medical evaluation for drug abuse found the Applicant to be a drug abuser, not drug dependent.

950109:  Declined VA drug and alcohol rehabilitation treatment.

950201:  SJA review determined the case sufficient in law and fact.

950201:  GCMCA [Base Commander, MCB, CAMPEN, CA] 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 19950210 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. 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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