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USMC | DRB | 2003_Marine | MD03-01463
Original file (MD03-01463.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD03-01463

Applicant’s Request
The application for discharge review was received on 20030909. 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 a representative on his DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040610. 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 believe my discharge was based on the only misconduct in my record. I believe it shouldn’t have been based on my only mistake while I served. I have no other remarks in my record but the one you will find.”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of Applicant’s DD Form 149, dtd 021021
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR (J)               000327 - 000904  COG

 Period of Service Under Review :
Date of Enlistment: 000905               Date of Discharge: 021004

 Length of Service (years, months, days):

         Active: 02 00 29
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 32

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.9 (7)                       Conduct: 3.9 (7)

 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 :

000324:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
000327:  Initial enlistment contract documents admission of pre-service marijuana experimentation.
0200410:         NAVDRUGLAB Jacksonville, FL, reported Applicant’s urine sample, received 020405, tested positive for THC.
020426:  NJP for violation of UCMJ, Article 112a: Wrongful use of controlled substance. Did aboard Camp Lejeune, NC on or about 020403 wrongfully use marijuana.
Awd red to PFC, forf of $615.00 per month for 2 months, restriction and extra duties for 45 days. Not appealed.
020723:  Counseled regarding deficiencies, specifically, violation of Art 86 UCMJ by being absent from remedial physical training on 020722 at 0600. Necessary corrective actions explained. Sources of assistance identified. Disciplinary and administrative discharge warnings issued.
020807:  Substance Abuse Evaluation: Applicant diagnosed as an alcohol abuser. Recommended for outpatient treatment and weekly visits with unit SACO until treatment complete. Credentialed provider confirmed diagnosis on 020816.
020812:  [Date on letter unreadable. Enclosure reply date used.] Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by NAVDRUGLAB Jacksonville, FL message dated 101422Z Apr 02.

020812:  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.

020905:  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 (Applicant’s) incident of illegal drug use as identified in (101422Z Apr 02 NAVDRUGLAB Jacksonville, FL msg) and his overall suitability for retention.”

020923:  SJA review determined the case sufficient in law and fact.

020924:  GCMCA [Commanding General, 2d Force Service Support Group] 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 20021004 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 Board found the Applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Drug abuse warrants processing for separation under other than honorable conditions. The Applicant acknowledged this fact in a letter to his Commanding Officer, in which he waived his right to an Administrative Discharge Board. Relief denied.

 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. The Applicant is reminded 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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