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USMC | DRB | 2006_Marine | MD0600699
Original file (MD0600699.rtf) Auto-classification: Denied


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

ex-LCpl, USMCR
Docket No. MD06-00699

Applicant’s Request
The application for discharge review was received on 20060406 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions) . 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 20070308 . 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 w as unanimous that the characterization 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 –ISSUES AND DOCUMENTATION


Decisional Issues :

Equity – isolated incident/disproportionate
Equity – Change in drug policy shortly before his discharge
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Ltr from Commanding Officer, 1 st Beach and Port Operation Company, 4 th Landing Support Battalion, 4 th Force Service Support Group FMF, USMCR, dtd August 11, 1992
 Applicant’s DD Form 214 (Service 2)
Ltr from Commanding Officer/Inspector-Instructor, dtd March 8, 1992 (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USCMR  19860731 – 19870119      COG
         Active: USCMR    19870120 - 19870815      HON
        
Period of Service Under Review :
Date of Enlistment: 19870816              Date of Discharge: 19920811

Length of Service (years, months, days):

 Active: None
         Inactive: 04 11 27

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

Age at Entry: 18

Years Contracted: 8

Education Level: 12                                 AFQT: 63

Highest Rank: Cpl                                    MOS: 0451

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 3 ( 10 )                               Conduct: 4.4 ( 10 )

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Sharpshooter Badge



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 :

920110:  NAVDRUGLAB, Oakland, CA, reported urine sample with Applicant’s accession number, received 911219, tested positive for THC.

920202 :  NJP for violation of UCMJ, Article 112a : Wrongfully use of a controlled substance.
         Specification : In that Cpl S_ (Applicant), did, on or about 911216, wrongfully and unlawfully possess a controlled substance, to wit: marijuana (THC).
Award: Forfeiture of $ 1/2 pay per month for 2 month s , reduction to E- 3 . Not appealed.
920202:  Statement from Applicant.
920221 :  Applicant informed the least favorable character of service possible was as under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was based on NJP, Article 112a of the UCMJ, positive urinalysis results.

920308:  Commanding Officer/Inspector-Instructor recommended approval for Applicant’s discharge under other than honorable conditions by reason of misconduct due to drug abuse.
920521:  Applicant re-informed the least favorable character of service possible was as under other than honorable conditions by reason of misconduct due to drug abuse in order to correct administrative errors in first notification. Although the Commanding General, 4 th Marine Division (Rein) will make the determination of characterization if you are separated, I am recommending you receive an Under Other Than Honorable discharge. The factual basis for this recommendation was based on NJP, Article 112a of the UCMJ, positive urinalysis results.

920528 :  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

92072 6 :  SJA review determined the case sufficient in law and fact.
920729 :  GCMCA, Marine Reserve Force, directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse .
920811:  Commanding Officer, 1 st Beach and Port Operation informed Applicant that was being discharged 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 19 920811 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 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).
The Applicant states his discharge was based on one incident in an otherwise “unblemished” career. Despite a servicemember’s record of service, certain serious offenses, even though isolated, warrant separation from the Marine Corps in order to maintain proper order and discipline. One of these offenses is illegal use of drugs. Separation under these conditions generally results in characterization of service under other than honorable conditions. There is credible evidence in the record that the Applicant used illegal drugs. Although processing for drug abuse was not mandatory when the Applicant was discharged, separation was proper under Paragraph 6210 of MCO P1900.16D . Regulations limit the Board’s review to a determination of the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considers his discharge proper and equitable. 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 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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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