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NAVY | DRB | 2004 Marine | MD04-01393
Original file (MD04-01393.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD04-01393

Applicant’s Request
The application for discharge review was received on 20040901. 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.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041222. 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 administrative discharge board), authority: MARCORSEPMAN Par. 6210.5.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as stated
Applicant’s issues, as stated on the application:

 “To: Board of Corrections of Naval Records

I entered the Marine Corps in Jan. 18, 1990. I was the 3 rd in a line of S_’s (Applicant’s last name) to serve this country. My father is a Vietnam Vet. having served with 199 th LIB and 25 th Inf. Army from ’66-’67. Both my grandfathers also served in WWII. One was with Patton’s 3 rd Army into Germany as an Engineer. But, I was the 1 st to claim the title of United States Marine! I am by all purposes a history “nut” and throughout history the Corps has displayed Honor and Valor and I knew it was for me. To hear someone call me a Marine puts Chills over my entire body! Words can not describe my feelings of Pride! Then 3 years and 2 months into a great tour of enlistment, I make the MISTAKE of a lifetime! A mistake I feel I have more than paid for with time. With a separation code of GKK-1 I left the Corps with an Other Than Honorable Discharge – Admin Discharge. How was I to know then this would haunt me my entire life! I am utterly ashamed of this one incident more than any in my life! There never was a man who has walked this earth has more pride as I as being a Marine. Since, I have married and am a father of 3 beautiful daughters. I am respected in my neighborhood. I am a Auctioneer and a pipefitter (construction). My friends and family consider me a walking history book. I am very proud of that. But, the question always turns to my military history and heritage? Then I am filled with shame I hope no one feels! I need to reclaim my title as a Marine! I plead that the Board will reconsider changing my discharge to Honorable. I was told by a local SSgt on Recruiting duty that my code GKK-1 was after 2 years eligible to be turned. It’s been 11 years now. I’ve been burden with this horror since…I ask that you see that I have served this sentence out to the max. With all that has happened to the U.S. and in the world I am at my highest pride to say I am a U.S. Marine!! I want to join the local VFW but I’m ashamed of what it would do to my family name here when I show an OTH discharge. I feel I have a good Marine record and career. I completely enjoyed the time at Parris Island and those memories. Then I served a year overseas in Okinawa. While there, I was part of the “4” MEU (I think) that went to Operation Provide Comfort in Southern Turkey – Northern Iraq. I was stationed in Silopi, Turkey until I was asked to be a hum-vie driver for a Major in the British Royal Marines for a week nee Dohuk. On return I went back to 3 rd FSSG. Then I was stationed I Camp Lejeune N.C. I received while in service a Good Conduct Medal, A Meritorious Unit Commendation, Sea Service Deployment Ribbon, National Defense Service Medal, Southwest Asia Service Medal, A Meritorious Mast Humanitarian Ribbon, and a Certificate of Appreciation. I also qualified a 4x Expert Rifleman. I was on Armory Duty for 6 months, I served as a military chaser, I also was on Recruiting duty for 6 months I volunteered for a Med. Float at the end of my enlistment, and I didn’t have enough time left. I always qualified on my PFT’s and I finished several of the class courses offered by the Corps i.e. Leadership I was promoted to LCpl on Dec. 1, 1990. It was up until then my greatest achievement. Like the paper to my parents stated. “Promotion to a higher grade is not a right in the Marine Corps, but an earned privilege based on performance of duty and potential to excel. I can assure you that he has worked very hard for this promotion, it is well deserved he is a credit to his country.” LtCol L_ E_ S_ Commanding I am to this day a very proud American and only one of a few to claim the title of Marine. I hope you see that I truly have paid for my error and will to it to change my discharge to Honorable! I served my country well and I need this to get back my Honor and Pride. I plead with this Board to reconsider my application for change. I am a United States Marine!
Respectfully submitted:
D_ S_ S_ (Applicant)
 SEMPER FI
Please RSVP”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                900118 - 900326  COG
Period of Service Under Review :
Date of Enlistment: 900327               Date of Discharge: 930622

 Length of Service (years, months, days):
         Active: 03 02 26
          Inactive: None
Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 57
Highest Rank: LCpl                         MOS: 3051

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.6 (11)                      Conduct: 4.5 (11)

 Military Decorations: None
Unit/Campaign/Service Awards: REB (2), MUC, SSDR, NDSM, CoA, SASM, MM, HSM

Days of Unauthorized Absence: None
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS /Misconduct-Drug abuse (with administrative discharge board), authority: MARCORSEPMAN Par. 6210.5.

 Chronological Listing of Significant Service Events :

900116:  Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
920317:  Counseled for deficiencies in performance and conduct. [Failure to abide by base regulations and standard SOP for the operation of a government vehicle specifically failure to wear a seat belt.]
930202:  NAVDRUGLAB Jacksonville, FL, reported Applicant’s urine sample, received 930128, tested positive for THC.
930205:  NJP for violation of UCMJ, Article 112A
 Specification: Wrongfully used a controlled substance at an unknown time and location, to wit: THC.
 Awarded forfeiture of $250.00 per month for 2 months, restriction and extra duties for 30 days, reduction to E-2. Not appealed.
930208:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by “your (Applicant) use of illegal drugs and that you have been identified as a drug abuser.”
930216:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
930218:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was Applicant’s use of illegal drugs, and that he has been identified as a drug abuser.

930226:  Applicant evaluated at Consolidated Drug and Alcohol Center , Marine Corps Base Camp Lejeune . Medical Officer comments: “Client (Applicant) does not meet the DSM-III-R criteria for cannabis abuse or dependence, however the use of any illegal drug constitutes abuse IAW MCO P5300.12 chg 4.
         Diagnostic Impression: Cannabis Abuse.
          Recommendation: Administrative separation IAW ALMAR 246/92. Receive VA information. Weekly meetings with unit SANCO until discharge.
930226:  Applicant provided with information for Veterans Administration Medical Facility nearest his home of record for alcohol/drug dependence treatment program. Applicant’s signature confirms receipt of address and phone number of facility and copy of consult at CDAC, Camp Lejeune.


930423:  An Administrative Discharge Board, based upon preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

930607:  SJA review determined the case sufficient in law and fact.
930608:  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 19930622 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).
Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any documentation for the Board to consider. Relief denied.

When the service of a member of the U.S. Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable. An Under Other Than Honorable Conditions discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. The Applicant’s service was marred by a nonjudicial punishment proceedings for violation of Articles 112a of the UCMJ. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Marine Corps and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

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 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 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 P1900.16D), effective 27 Jun 89 until 17 Aug 95.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .
D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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 “ http://Boards.law.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:
                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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