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USMC | DRB | 2006_Marine | MD0600724
Original file (MD0600724.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD06-00724

Applicant’s Request
The application for discharge review was received on 20060509 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable or 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 20070301 . 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 by reason of misconduct due to drug abuse.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 The Applicant is requesting an upgrade for employment reasons.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (member 1)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19910621 - 19911111       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19911112              Date of Discharge: 19940505

Length of Service (years, months, days):

 Active: 0 2 0 5 24
         Inactive: None

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

Age at Entry: 1 9

Years Contracted: 4

Education Level: 12                                 AFQT: 56

Highest Rank: LCpl                                  MOS: 0311

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3 . 8 ( 7 )                                 Conduct: 4 .0 ( 7 )

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): National Defense Service medal, Overseas Service Ribbon, Letter of Appreciation, Navy Unit Commendation


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 :

910620 :  Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.

930113:  Counseling: Advised of deficiencies in performance and conduct (Applicant’s inability to follow instructions from a NCO, along with questioning/challenging authority.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
940113:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 940110, tested positive for THC.
940121 :  NJP for violation of UCMJ, Article 112a:
         Specification: As a result of evidence from urinalysis conducted on 940103, did wrongfully use marijuana, a controlled substance, on or about 940101.
Award: Forfeiture of $ 467.00 pay per month for 2 month s , restriction and extra duty for 45 days, reduction to E- 2 . Not appealed.
940202:  Statement of Understanding of treatment for substance abuse at a Veterans Administration Medical Center.

 940208 :  Substance Abuse Report: SNM was evaluated on 940202 in accordance with the reference as the result of a command referral.
         Results of the evaluation: Impression: Drug abuse.
940313:  Commanding Officer, 2nd Battalion, 8 th Marine, 2d MarDiv, U. S. Marine Corps Forces, recommended Applicant’s discharge under other than honorable conditions by reason of misconduct due to drug abuse.

940314:  Commanding Officer, 2d Battalion, 8 th Marine, recommended Applicant’s discharge under other than honorable conditions by reason of misconduct due to drug abuse.
940328:  Commanding Officer, 8 th Marines, recommended that the Applicant be discharged with under other than honorable conditions by reason of misconduct due to drug abuse.

 940413 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to drug abuse. Although the Commanding General will make the final determination of characterization if you are separated, I am recommending you receive a discharge under other than honorable conditions. The factual basis for this recommendation was base on the NJP which occurred on 940121 for illegal use of marijuana.

940413 :  Applicant advised of rights and having consulted with counsel, elected to waive all rights .

940424 :  SJA review determined the case sufficient in law and fact.

 940425 :  Commanding General, 2d Marine Division, MarForLant , 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 19940505 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 Applicant is requesting a discharge characterization upgrade to general or honorable. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. Characterization of service as under other than honorable conditions 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 the award of nonjudicial punishment (NJP) on one occasion for violation of the Uniform Code of Military Justice (UCMJ). The Applicant’s misconduct included Wrongful use, possession, etc. of controlled substances. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflect his misconduct, and falls below that required for an honorable or general characterization of service. An upgrade to honorable or general would be inappropriate. Relief is therefore denied.

The Applicant is requesting an upgrade for employment reasons. For the edification of the Applicant, 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 of the propriety and equity of the discharge. Relief is not warranted.

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 .

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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