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USMC | DRB | 2005_Marine | MD0501124
Original file (MD0501124.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-PVT, USMC
Docket No. MD05-01124

Applicant’s Request
The application for discharge review was received on 20050622. The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060302. After a thorough review of the available 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 by reason of misconduct due to drug abuse.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“I am requesting that my discharge be upgraded/reversed because I have first found Christ, who has enabled me to seek extensive treatment for drug addiction. I have been free from alcohol & drugs 3 years, 4 mths by the Grace of God. I honor my past mistakes and now is pressing towards a better life in Christ.”
Applicant’s Remarks (from the DD Form 293): “Just as many others I have made many mistakes and many bad choices and getting into drugs has by far been the hardest to get rid of. Not just the addiction, but the consequences alone has hindered me from doing certain things. By the Grace of God, I have made it through the addiction and have found the Lord once and for all. Now through him many door are being opened in my path and with this board’s help I can enter in those doors and provide for my family with an career oriented job. We thank you for your consideration and may God bless you all where ever he see fit to. Thank You.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Certificate of Graduation, Iberia Parish Drug Court, dtd August 27, 2003
Certificate of License for Gospel Ministry, dtd February 29, 2004
Request for Military Records, dtd January 31, 2005
DD Form 149, undated, unsigned

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19841117 – 19850701               COG
          Active: USMC              19850702 – 19881123               HON

 Period of Service Under Review :
Date of Enlistment: 19881124             Date of Discharge: 19920615

 Length of Service (years, months, days):

 Active: 03 06 22
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: none
         Confinement:              none

 Age at Entry: 21

 Years Contracted: 4

Education Level: 12                                 AFQT: 38

 Highest Rank: Cpl                                   MOS: 3043

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (9)              Conduct: 4.2 (9)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Good Conduct Medal, 2d Awd, Sea Service Deployment Ribbon, Meritorious Unit Commendation, National Defense Service Medal


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Drug abuse (administrative discharge board required but waived), authority: MARCORSEPMAN 6210.5.

 Chronological Listing of Significant Service Events :

881124:  Reenlisted this date for a term of 4 years.
910816:  Counseling: Advised of deficiencies in performance and conduct (Performance of duties are below satisfactory standards. Applicant failed to complete or accomplish required tasks timely and/or satisfactorily.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

911010:  NJP for violation of UCMJ, Article 112a: Wrongfully use and posses a controlled substance (cocaine) identified by a positive urine sample submitted on 910520 as per NAVDRUGLAB Jacksonville FL msg 300801Z May 91.
         Award: Forfeiture of $500 per month for 2 months, reduction to E-3. Not appealed.

911011:  Counseling: Advised of deficiencies in performance and conduct (Committing serious violations of the UCMJ (Drug Use) that was punishable by NJP. Applicant’s disregard for the UCMJ disrupted the discipline and good order within this command.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

911011:  Counseling: Advised of deficiencies in performance and conduct (Illegal drug involvement. The NAVDRUGLAB message which confirmed this is 300801Z May 91 for cocaine.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920413:  Counseling: Advised of deficiencies in performance and conduct (Illegal drug involvement. NAVDRUGLAB Jacksonville, FL msg 301524Z Mar 92 confirms [Applicant’s] use of cocaine.), necessary corrective actions explained, sources of assistance provided and discharge warning issued.

920414:  Summary Court-Martial.
         Charge: Violation of the UCMJ, Article 112a:
         Specification: In that Lance Corporal L_ S_ Jr, USMC, 1STRTBn, RTR, MCRD, PISC, did on or about 20-23 March 1992 wrongfully use cocaine.
          Finding: to Charge and the specification thereunder, guilty.
          Sentence: Forfeiture of $100.00, reduced to E-1.
         CA action 920421: Approved and ordered executed.

920615:  DD Form 214: Applicant discharged under other than honorable condition by reason of misconduct drug abuse (Administrative discharge board required by waived), per MARCORSEPMAN par 6210.5.

Service Record Book did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19920615 by reason of misconduct due to drug abuse (A) with a service characterization of under other than honorable conditions. After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C). The Board presumed regularity in the conduct of governmental affairs (D).

 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 retention warnings for his performance of duties and two positive urinalyses for cocaine use. The Applicant was subject to nonjudicial punishment proceedings and a summary court-martial for his violations of Article 112a, drug abuse, a serious offense. 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 Marine Corps and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

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 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. The Board applauds the Applicant’s graduation of Iberia Parish Adult Drug Court and his licensure to preach the Gospel. However, the Applicant’s efforts to establish post-service conduct need to be more comprehensive. 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 sufficient post-service documentation for the Board to consider. Relief denied.

Concerning the Applicant’s remarks on DD Form 293, 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 additional evidence related to this 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 P1900.16D), 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 V, Para 502, Propriety .

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

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

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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