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USMC | DRB | 2003_Marine | MD03-01330
Original file (MD03-01330.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD03-01330

Applicant’s Request
The application for discharge review was received on 20030805. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record 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 20040514. 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. “Dear Commander in Charge

Dear Sir

Good day, My name is D_ T_ M_ ( Applicant ). I enlisted in the Marine Corp on May 10,1999. It has been a tramendous learning experience for me. I have learned alot about the history of the Marine Corp and the true meaning of being a Marine. I’m writing you today because I have made some big mistakes while I was serving in the Marines. And I am so sorry not only for myself, but also because how I have left down the Marine Corp and my Country. I have tryed to grow and go forward and learn from these mistakes. There for I’m in a twenty six week counseling rehab program. I will be going to a full time college at Morgan State University in Maryland. A copy of my admittance from the college is in closed.
I regret very much because of my mistakes I was discharged six months before my four years was complete. No one has paid the consequinces more than I. I had thought I would make a carreer out of the Marines, and if I would ever have another chance, I would rein list tomorrow, But I know that isn’t possible to do so. And I regret that so much. I,m writing to ask you today because I did serve forty two months in the Military, if you would please consider to change my discharge paper from other than honarable to honorable. Sir, right now were I work because it will only be a summer job because of starting school in September, I have no medical insurance nor will I have any when I start school. I have learnt from my mistakes and fill the results of them everyday, and hope you can find my mistakes forgiveable.

Thank You”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Morgan State University acceptance letter
Note from Applicant with college schedule
Letter from Maryland Counseling Centers, Inc.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                990331 - 990510  COG

 Period of Service Under Review :
Date of Enlistment: 990511               Date of Discharge: 021119

 Length of Service (years, months, days):

         Active: 03 06 09
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 25

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                          Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MUC, CC (2)

 Days of Unauthorized Absence: None

*No Marks Found in the service record

 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 :

990324:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
000721:  NJP for violation of UCMJ, Article 112a (2 specs):
 Specification 1: Wrongfully use marijuana.
Specification 2: Wrongfully possess marijuana.
Violation of UCMJ, Article 134: Used marijuana in the barracks, which conduct brings discredit upon the USMC.
Awarded forfeiture of $563.00 per month for 2 months (one month suspended for 6 months), restriction and extra duties for 45 days, reduction to PFC. Not appealed.

 021031:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
021031:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights.
021031:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was his illegal drug use and distribution of ecstasy.

021101:  SJA review determined the case sufficient in law and fact.

021101:  GCMCA [CG, MCRD/ERR] 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 20021119 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 P1900.16E), 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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