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USMC | DRB | 2006_Marine | MD0600796
Original file (MD0600796.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. MD06-00796

Applicant ’s Request
The application for discharge review was received on 20060530 . 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 20070315 . 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.
The NDRB did note administrative error(s) on the original DD Form 214. Block 28, Narrative Reason for Separation, should read: “ MISCONDUCT.” T he 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
EQUITY – Isolated incident.
EQUITY – Post-service conduct.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant ’s DD Form 214 (Member 4)
Certificate of Promotion to Lance Corporal, dated July 1, 1997
 Copy of both sides of Certificate of Training of The Construction Equipment Operators Course 11-97
United States Marine Corps, School of Infantry certificate, dated November 8, 1996
United States Marine Corps, Certificate of Achievement, dated October 2, 1996
United States Marine Corps, Certificate of Completion of Preliminary Driver Knowledge Course, dated May 2, 1997
 Character Reference ltr from Pastor B_ S_, Calvary C hapel Worship Center, dated March 30, 2006
 Character Reference ltr from Rev J_ S_, Dean, Spectrum School of Ministry, dated April 5, 2006
Spectrum School of Ministry student transcript, dated March 6, 2006 (2 pages)
Character Reference ltr from Pastor M_ P_, Calvary Chapel Worship Center, dated March 30, 2006
 Applicant ’s Associate Degree in Applied Science, dated June 28, 1995
 Applicant ’s credit report s , dated April 12, 2006 (21 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19960515 - 19960519       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19960520              Date of Discharge: 19970827

Length of Service (years, months, days):

 Active: 01 03 08
         Inactive: None

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

Age at Entry: 21

Years Contracted: 4
Education Level: 1 4                                  AFQT: 70

Highest Rank: LCpl                 MOS: 1345

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.7 (2)                                Conduct: 4.6 (2)

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


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 :

960514 :  Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.
970708 :  NJP for violation of UCMJ, Article 112a : Wrongful use of marijuana on 970618. Award: Forfeiture of $ 3 00 .00 per month for 2 month s , restriction and extra duty for 3 0 days, reduction to E- 2 . Forfeiture suspended for 6 months. Not appealed.
970721 :  Applicant briefed regarding VA benefits pertain ing to drug treatment.

970721:  Counseling: Advised of deficiencies in performance and conduct ( Involvement in illegal drug use, id entified through urinalysis testin g, NAVDRULAB message R172239Z June 97 which indicates a positive test for THC.), necessary corrective actions explained, sources of assistance provided, and advised being processed for administrative discharge action.
970728 :  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was misconduct due to drug abuse. Applicant informed the least favorable character of service possible was as under other than honorable conditions.

970728 :  Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.
970728 :  Commanding Officer recommended Applicant ’s discharge under other than honorable conditions by reason of misconduct due to drug abuse . The factual basis for this recommendation was wrongful use of marijuana.

970807:  Applicant submitted an unconditional waiver of his administrative discharge board.

 970808 :  SJA review determined the case sufficient in law and fact.

 970811 :  GCMCA, Commanding General, Marine Corps Base Hawaii, 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 19970827 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 contends that his drug use was an isolated incident. Despite a servicemember’s prior record of service, certain serious offenses, even though isolated, warrant separation from the Naval service 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. 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. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Relief denied.

The Applicant implies that his discharge should be changed due to his post-service conduct and achievements. 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. 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 to consider mitigating the misconduct that resulted in the characterization of discharge. 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. 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 P1900.16E), effective 31 Jan 97 until 31 August 2001.

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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