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USMC | DRB | 2003_Marine | MD03-00965
Original file (MD03-00965.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD03-00965

Applicant’s Request
The application for discharge review was received on 20030508. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests a personal appearance discharge review before a traveling panel closest to St. Louis, Missouri. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington, D.C. area. The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

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 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 stated

 Applicant’s issues, as stated on the application:

 1. “To Whom IT May Concern,

I served as a US Marine during the Gulf War and was discharged in June 1993. For some time now. I have considered joining the United States Marine Corp Reserves. I be1ieve I could contribute to the over-all readiness of the Corp and be an asset to my Reserve Unit. Unfortunately, my discharge from the United States Marine Corp was classified as ‘other than honorable”.

As a young and impressionable Lance Corporal, I experimented with an illicit drug and was immediately caught by urine analysis. My rate was reduced to Private First Class and I was recommended for discharge. Forty-eight days later, I tested positive on another random urine analysis test.

Despite my assertion that the positive test was a result of use already punished, my rate was reduced to Private and I was placed “On Restriction” for my remaining twenty days in service.

Upon discharge, I returned home and began working for Contractors Welding Service in
Rock Hill, Missouri. I learned how to weld by attending adult courses, after work at
South County Technical School. After a few years of hard of work and very long hours.
I became a valued employee and a talented welder. I met and married my wife and began
building a family and a future.

I applied and was accepted into the “Apprentice Program” for Plumbers and Pipefitters Local Union #562 . I am currently completing my 4th year of this 5-year program and have already certified in a multitude of procedures including; pipe welding and back-flow prevention.

My wife and I worked hard, played by the rules and saved our money. We bought a house and became involved in our community. I ran for a seat on our local School Board (Northwest R-I School District) and was elected to a three-year term.

Last year, I completed my term in office and turned my attention to raising a family. My wife gave birth to our first child, J_. Like most parents, we are proud of our child and our family. We are currently anticipating the birth of our second child, who is due in November.

I have remained drug free, clean and sober, since my discharge from the service. I am a firm advocate of my union’s Drug Prevention Program and I am subject to random urine analysis testing, as a condition of employment. I am proud to say, I have never failed another test.

I would now like to join the United States Marine Corp Reserves and serve my country. I have turned my life around and have demonstrated responsibility, integrity and community involvement. I would like to repay the Corp and finish my military career in the US Marine Corp Reserves.

I have been informed that to do this, I must have my military re-entry code up-graded. Please consider this request. I believe people can change for the better. I believe some people deserve a second chance. I believe in my country and I believe 1 would make an outstanding US Marine Corp Reservist.

Thank you for your consideration. I look forward to hearing from you.

Sincerely,

J_ S_ ( Applicant )”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Character reference, dated April 23, 2003
Character reference, dated May 3, 2003
Character reference, dated April 22, 2003
Applicant’s DD Form 214 (Member 1 and 4)
Six pages from Applicant’s service record
Certificate of achievement, dated 2000
Certificate of School Board Recognition Week, dated January 24-30, 2000
Certificate of School Board Recognition Week, dated January 22-28, 2001
Welder certification program card
Member of Contractor of the National Certified Pipe Welding Bureau card
Substance Abuse Testing Certification card
Forensic Drug Testing Custody and Control Form, dated April 29, 2002
UA Training Information
Mechanical License Pipefitter Journeyman card
Apprentice Registration License card
Certificate of Completion, dated February 20, 2002
American Red Cross, Adult, Infant and Child CPR card
American Red Cross, Standard First Air card
St. Louis Area Chapter card (2)
Certificate dated 2003
Certification and card with an expiration date of January 2006
Certificate of completion, dated January 27, 2003
Progress report for October, November, December, dated January 18, 1996 (2 pages)
Progress report for January, February, and March, undated (2 pages)
Progress report for April, May, June 2000, dated July 6, 2000 (2 pages)
Progress report for July, August, September, dated October 18, 1999 (2 pages)
Progress report for October, November, December 1999, dated January 28, 2000 (2 pages)
Progress report for January, February, and March, dated April 5, 2001 (2 pages)
Progress report for April, May, June, dated July 9, 2001 (2 pages)
Progress report for July, August, September, dated October 23, 2000 (2 pages)
Progress report for October, November, December, dated February 1, 2001 (2 pages)
Progress report for January, February, and March, dated April 3, 2002 (2 pages)
Progress report for April, May, June, dated July 1, 2002 (2 pages)
Progress report for July, August, September, dated October 9, 2001 (2 pages)
Progress report for October, November, December, dated January 23, 2002 (2 pages)
Progress report for July, August, September, dated October 2, 2002 (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                910118 - 910408  COG

 Period of Service Under Review :
Date of Enlistment: 910409               Date of Discharge: 930607

 Length of Service (years, months, days):

         Active: 02 01 29
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 33

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (5)                       Conduct: 4.3 (5)

 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-Drug abuse (administrative discharge board required but waived) authority: MARCORSEPMAN Par. 6210.5.

 Chronological Listing of Significant Service Events :

910117:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
930316:  Medical evaluation for drug abuse found the Applicant to be drug dependent.

930322:  NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 930311, tested positive for amphetamine/methamphetamine.
930330:  NJP for violation of UCMJ, Article 112A:
 Specification: Knowingly and wrongfully used methamphetamine on 930311.
Awarded forfeiture of $200.00 per month for 1 month, reduction to PFC. Not appealed.
930406:  Applicant declined offer of VA treatment for drug dependence.

930426:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
930427:  Applicant advised of rights and having consulted 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.

930427:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was Applicant’s nonjudicial punishment which evidenced the illegal use of drugs.

930503:  SJA review determined the case sufficient in law and fact.

930505:  NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 930428, tested positive for amphetamine/methamphetamine.

930511:  GCMCA [Commanding General, 1 st Force Service Support Group] directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

 930517:  NJP for violation of UCMJ, Article 112A:
 Specification: Knowingly and wrongfully used THC, amphetamines and methamphetamines, controlled substances.
Awarded forfeiture of $407.00 per month for 2 months, restriction and extra duties for 30 days, reduction to Pvt. Not appealed.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930607 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. The discharge was proper and equitable. Relief denied.
Concerning a change in reenlistment code, 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 occurred 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 may be 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 offenses 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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