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USMC | DRB | 2003_Marine | MD03-01514
Original file (MD03-01514.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD03-01514

Applicant’s Request
The application for discharge review was received on 20030917. 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 20040617. 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: GENERAL (UNDER 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. “My discharge was inequitable because it was based on once isolated incident in 47 months of service with no other adverse action.”


Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s letter dated 9 Sep 2003
Applicant’s DD Form 214
Copy of Marksmanship award dated 26 Sep 1997
Copy of Certificate of Appreciation dated 25 Oct 1997
Copy of Letter of Appreciation dated 25 Oct 1997
Copy of MCT Certificate dated 17 Dec 1997
Copy of Diploma dated 27 Mar 1998 [2 pages]
Copy of Certificate of Training dated 24 Apr 1998
Copy of Recognition of Course Completion 28 Apr 1998
Copy of Certificate of Attendance 18 Mar 1999
Copy of Certificate of Appreciation [undated]
Copy of Certificate of Commendation dated 24 Jun 1999
Copy of Certificate of Attendance [undated]
Copy of Certificate of Commendation dated 16 Aug 1999
Copy of Letter from Geico Direct dated 17 Aug 1999
Copy of Certificate of Recognition dated 20 Aug 1999
Copy of Meritorious Mast certificate dated 23 Aug 1999
Copy of promotion warrant dated 2 Sep 1999
Certificate of Achievement dated 5 Oct 1999
Copy of letter from CO, FTC, SDCA dated 8 Oct 1999
Copy of letter from CO, FTC, SDCA dated 15 Oct 1999
Copy of Corporals Course certificate dated 10 Nov 1999 [2 pages]
Copy of High Shooter Certificate dated 6 Jun 00 [pistol]
Copy of High Shooter Certificate dated 6 Jun 00 [rifle]
Copy of Certificate of Good Conduct dated 30 June 2000
Copy of Certificate dated 6 Jul 2000
Copy of Certificate for Advance Patrol Strategies Course [undated]
Copy of Certificate dated Jan 30 2001
Copy of Letter of Appreciation dated 28 Feb 2001
Copy of Letter of Appreciation dated 9 Mar 2001
Copy of pages from Applicant’s service record book [46 pages]
Marine Corps Institute documentation [6 pages]
Copy of Letters from the Veterans Administration [3 pages]

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                960726 - 970629  COG

 Period of Service Under Review :
Date of Enlistment: 970630               Date of Discharge: 010622

 Length of Service (years, months, days):

         Active: 03 11 23
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

Education Level: 12                        AFQT: 85

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.6 (10)                      Conduct: 4.5 (10)

 Military Decorations: None

 Unit/Campaign/Service Awards: COA (2), LOA (2), CertCom (3), MM, GCM

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: MARCORSEPMAN 6210.5.

 Chronological Listing of Significant Service Events :

960725:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
010515:  NAVDRUGLAB [SAN DIEGO], reported Applicant’s urine sample, received 10 May 2001, tested positive for [THC].

010529:  Counseled for deficiencies in performance and conduct. [Concerning illegal drug involvement.] Necessary corrective actions explained.

 010530:          NJP for violation of UCMJ, Article 112a (1 spec):
 Specification 1: On or about 010509, wrongfully use THC, a controlled substance.
Awarded forfeiture of $691.00 per month for 1 months, restriction and extra duties for 30 days reduced to E-3 Not appealed.
010531:  Applicant notified of intended recommendation for a general discharge by reason of misconduct due to drug abuse as evidenced by your positive urinalysis 9 May 2001.

010606:  Applicant advised of rights and having elected having consulted with counsel certified under UCMJ Article 27B, elected to appear before an administrative board.

010607:  Commanding officer recommended discharge General (under honorable conditions) by reason of misconduct due to drug abuse. The factual basis for this recommendation was a positive urinalysis on 9 May 2001.

010612:  Applicant states he will waive his right to an Administrative Board if he is granted a General discharge. Further, Applicant’s statement reads: [I understand that a characterization of service as General, may deprive me of certain Veteran’s benefits, and that I may expect to encounter some form of prejudice in civilian life, where the character of discharge received may have a bearing.]

010614:  GCMCA [CO, MCRD/WRR SDCA] directed the Applicant's discharge General (Under 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 20010622 with a General (Under Honorable Conditions) characterization 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 states his discharge was based on one isolated incident in “47 months.” Despite a servicemember’s prior record of service, certain serious offenses, even though isolated, warrant separation from the naval service in order to maintain proper order and discipline. The Applicant’s service record is marred by award of nonjudicial punishment (NJP) for illegal drug use, thus substantiating the misconduct for which he was separated. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore consider his discharge proper and equitable. Relief denied.

The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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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