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NAVY | DRB | 2004 Marine | MD04-00978
Original file (MD04-00978.rtf) Auto-classification: Denied


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

ex-Cpl, USMC
Docket No. MD04-00978

Applicant’s Request
The application for discharge review was received on 20040527. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that he was approaching the 15-year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington D.C. area. Applicant did not respond.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20041022. 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 (with admin 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. “I am a recovering alcoholic with over 10 years of sobriety. I don’t want to pay for mistakes made because of my alcoholism for the rest of my life.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Character reference, not signed, dated May 12, 2004
Character reference, not signed, dated May 14, 2004
Character reference, dated May 14, 2004
Character reference, not signed, dated May 14, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR(J)                790706 - 790801  COG
         Active: USMC              790802 - 830902  HON      Trf to USMCR
                  USMCR            830903 - 840417  HON
         Inactive: USMCR(J)                840418 - 840425  COG
         Active:  USMC             840426 - 870521  HON

 Period of Service Under Review :
Date of Enlistment: 870522               Date of Discharge: 890623

 Length of Service (years, months, days):

         Active: 02 01 02
         Inactive: None

 Age at Entry: 25                          Years Contracted: 6

 Education Level: 12                        AFQT: 80

 Highest Rank: Sgt                          MOS: 5711

 Final Enlisted Performance Evaluation Averages (number of marks): Enlisted performance reports were available to the Board for review.

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM with 1 Star, PEB (2), MUC with 1 Star, SSDR with 3 Stars, REB (5)

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS /Misconduct-Drug abuse (admin discharge board required but waived), authority: MARCORSEPMAN Par. 6210.5.

 Chronological Listing of Significant Service Events :

870522:  Applicant reenlisted for 6 years.

 870812:  Counseled for deficiencies in performance and conduct. [Alcohol related incident.] Applicant did not desire to make a statement.
880510:  Applicant is currently taking Antabuse. [Extracted from Platoon Commanders Notebook.]

880615:  Applicant counseled on recent absences from work. Applicant one and half hours late. [Extracted from Platoon Commanders Notebook.]

880616:  Applicant informed of restrictions being placed on him in conjunction with returning home. [Extracted from Platoon Commanders Notebook.]

880616:  Medical record: Applicant seen by Psychiatry due to suicidal gestures. Recommend no access to weapons. [Extracted from Platoon Commanders Notebook.]

 890509:  NJP for violation of UCMJ, Article 112a:
 Specification: Wrongfully use amphetamines/methamphetamine on 890404.
Awarded restriction for 60 day, reduction to Cpl. Not appealed.
890509:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.
890509:  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.

890515:  Substance Abuse/Chemical Dependency Evaluation: Applicant found non-drug dependent. Recommended treatment plan: Urinary surveillance program for 4 weeks. AA 2 per week until discharge. Weekly SACO meetings with court card. Aftercare group at CSACC Wednesday at 1400 until discharge. VA statement.
890515:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was wrongful use of amphetamine/ methamphetamine

890612:  SJA review determined the case sufficient in law and fact.

890614:  GCMCA, CG, 3d Marine Aircraft Wing, 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 19890623 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 states that “I am a recovering alcoholic with over 10 years of sobriety.” 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 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 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. At this time, the Applicant has not provided sufficient documentation for the Board to consider an upgrade. Relief denied.

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. In addition, the Applicant was counseled for one alcohol incident and was arrested for 2 civilian alcohol DUIs, resulting in the suspension of his on base military driving privileges. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

 The following if provided for the edification of the Applicant. The NDRB has no authority to provided additional review of this case since Applicant’s discharge occurred more than 15 years ago. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of naval service, if he desires further review of his case.







Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6210 MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16C), Change 4, effective 29 Jul 87 until 26 Jun 89.

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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