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USMC | DRB | 2003_Marine | MD03-01028
Original file (MD03-01028.rtf) Auto-classification: Denied


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

ex-PVT, USMC
Docket No. MD03-01028

Applicant’s Request
The application for discharge review was received on 20030522. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary 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 20020415. 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, authority: MARCORSEPMAN 6210.5.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“1. I served in the United States Marine Corps for 2 years with Honorable service. I received the Good Conduct Medal due to this service. Due to being young and using poor judgement, I was admitted to the Alcohol and Drug Rehabilitation program in the Marine Corps. I feel that this rehabilitation was very beneficial to me. I did receive this discharge, but do not believe that I deserved this type of discharge. I followed commands of my superiors and had a youthful lapse in judgement. I am presenting letters of recommendation from my civilian life, showing my maturity and adjustment to life and am living as an exemplary adult, civilian.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of Applicant’s DD Form 214 (2)
Character Reference Letter dated April 6, 2003 (2 pages)
Character Reference Letter dated April 21, 2003
Reference Letter dated May 7, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                980219 - 980406  COG

 Period of Service Under Review :
Date of Enlistment: 980407               Date of Discharge: 010130

 Length of Service (years, months, days):

         Active: 02 08 25
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 49

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMA*                          Conduct: NMA

 Military Decorations: GCM

 Unit/Campaign/Service Awards: Rifle Marksman

 Days of Unauthorized Absence: 28

*No Marks Available for review

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 :

980218:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
000222:  UA from 000222 to 000320 (28 days) [Extracted from DD Form 214].
000330:  Psychological Evaluation: Member seen by chaplain, he recently returned from 30 days UA. He fled for 28 days prior to this episode. He states “feeling stressed” for reason. He rather be in the brig than in his shop. He was accused of pulling a gun on somebody in the barracks, no weapons found, rounds were on the scene. No suicide ideation. He is having difficulty sleeping due to dreams of “blowing up entire shop” Gunnery Sgt F___ is the main object of the Homicidal Ideation. Patient feels he may go UA again soon.

000331:  NAVDRUGLAB [Jacksonville, FL], reported Applicant’s urine sample, received 000323, tested positive for [THC].

000413:  Medical evaluation for drug abuse found the Applicant to be alcohol dependant and a drug abuser, not drug dependent.. Offer of VA treatment made available.

000609:  Applicant completed Rehabilitation Treatment program and returned to command in duty status. Final Diagnosis: Alcohol abuse, Marijuana (Cannabis) Abuse, Depression Disorder NOS-by history, History of tobacco use.

001120:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86,
         Specification: Did on or about 000321 and 000404 without authority absent himself from his appointed place of duty, to wit: 0650 formation at FC 270. Charge II: violation of the UCMJ, Article 112a: Did on or about 991221 and 000104 at and unknown location wrongfully use marijuana.
         Finding: to Charge I and II, and the specifications thereunder, guilty.
         Sentence: Confinement for 30 days, forfeiture of $670.00, reduced to E-1.
         CA action 001120: Sentence approved and ordered executed but the execution of the part of the sentence extending to confinement for 30 days is suspended for 6 months at which time unless the suspension is sooner vacated, the suspended part of the sentence will be remitted without further action.
001204:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
001204:  Applicant advised of rights and having to 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.

001208:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was the respondent’s incident of illegal drug use as identified in NAVDRUG JACKSONVILLE FL message dtd 311944Z Mar 00.

010104:  SJA review determined the case sufficient in law and fact.

010116:  GCMCA [Commanding General] 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 20010130 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: The Applicant contends that his problems in the Marine Corps can be attributed to his youth and poor judgment. While he may feel that his youth and poor judgment were the underlying causes of his misconduct, there is credible evidence in the record that the Applicant used illegal drugs. Mandatory processing for separation is required for Marines who abuse illegal drugs. Separation under these conditions generally results in characterization of service under other than honorable conditions. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. 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 31 Jan 97 until Present.

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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