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USMC | DRB | 2006_Marine | MD0600782
Original file (MD0600782.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. MD06-00782

Applicant’s Request
The application for discharge review was received on 20060517 . 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 was unanimous that the character ization of the discharge reason for discharge shall not change. The discharge shall remain Under Other Than Honorable Conditions by reason of misconduct due to drug abuse .
The NDRB did note administrative error(s) on the original DD Form 214. Block 12a, Date Entered AD This Period, should read : “ 2002 07 16,” and Block 12c, Net Active Service This Period, should read: “ 01 07 05 .” The Commandant, Headquarters USMC, Quantico, VA, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.




PART I - ISSUES AND DOCUMENTATION


Decisional Issues :

None

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20020604 – 20020715      CO G
          Active: None
Period of Service Under Review :
Date of Enlistment: 2002071 6              Date of Discharge: 20040220

Length of Service (years, months, days):

 Active: 0 1 0 7 0 5 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 2 day s
         Confinement:              None

Age at Entry: 20

Years Contracted: 4

Education Level: 12                                 AFQT: 34

Highest Rank: LCpl                                   MOS: 3533

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (*)                         Conduct: 4.1 (*)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): National Defense Service Medal, Presidential Unit Citation (CSSG-14), Letter of Appreciation, Certificate of Commendation , and no more

*Not Available


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN 6210.5.

 Chronological Listing of Significant Service Events :

031202 :  NAVDRUGLAB, San Diego, CA reported Applicant’s urine sample, received 031121 , tested positive for Amphetamine, Cocaine, Methamphetamine .
031224 :  NAVDRUGLAB, San Diego, CA reported Applicant’s urine sample, received 0 31217 , tested positive for Amphetamine, Methamphetamine.
040109 :  Counseling: Advised of deficiencies in performance and conduct ( Article 112a UCMJ: Wrongful use, possession, etc., of controlled substances .), necessary corrective actions explained, sources of assistance provided, advised being processed .
0 40113 :  NJP for violation of UCMJ, Article 86 : Unauthorized absence on 12-14 Nov 2003 .
 Violation of UCMJ Article 92 : Failure to obey a order to come to work on 031113 .
 Violation of UCMJ Article 112a : (3 specs), wrongful possession o f controlled substance, amphetamine: 799, cocaine: 1072, and methamphetamine: 7930 .
         Award: Forfeiture of $ 668. 00 pay per month for 2 month s , restriction and extra duty for 45 days, reduction to E- 2 . Not appealed.
040126:  Medical Officer’s evaluation determined applicant meets the criteria for Amphetamine Dependence, Cocaine Dependence.

0 40128 :  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of drug abuse. The factual basis for this recommendation was your documented drug abuse. Applicant informed the least favorable character of service possible was under other than honorable conditions.

040128 :  Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

040128 :  Commanding Officer recommended Applicant’s discharge under other than honorable conditions by reason of drug abuse .
040129:  Applicant refused treatment for substance abuse/addiction.
040205 :  SJA review determined the case sufficient in law and fact.
0 40212 :  GCMCA, Commanding General , 1 st Force Service Support Group, directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse .
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040220 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 requests upgrade of his characterization of discharge. 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. 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. There is credible evidence in the record that the Applicant used illegal drugs. 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 states that he would like an upgrade to improve his job opportunities. The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board. 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.

The Applicant also stated that he would like to reenter the military. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces. Reenlistment policy of the Marine Corps is promulgated by the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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. The Marine Corps Separation and Retirement Manual, (MCO P1900.16F, effective
01 Sep 2001 until Present, Paragraph 6210, MISCONDUCT.

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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