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USMC | DRB | 2006_Marine | MD0600900
Original file (MD0600900.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. MD06-00900

Applicant ’s Request
The application for discharge review was received on 20060616 . 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 20070419 . 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 - ISSUES AND DOCUMENTATION

Decisional Issues

Equity: Isolated incident

Documentation
In addition to the service and medical 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)    19990219 - 19990921       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19990922              Date of Discharge: 20020626

Length of Service (years, months, days):

 Active: 0 2 0 9 22 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              24 day s

Age at Entry: 1 7 (Parental Consent)

Years Contracted: 5

Education Level: 12                                 AFQT: 80

Highest Rank: PFC                                    MOS: 6114

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.0 ( 6 )                                 Conduct: 3.9 ( 6 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Na tional Defense Service Medal, Rifle Expert Badge (2 nd awd)


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 :

010827 :  NAVDRUGLAB, San Diego, CA , reported Applicant ’s urine sample, received 010820 , tested positive for THC .
020102:  Applicant refused medical officer evaluation.

020102:  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 misconduct due to drug abuse.

 02010 8 :  Counseling: Advised of deficiencies in performance and conduct ( Violation of Article 112a. ), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
020118 :  Summary Court-Martial.
         Charge: violation of the UCMJ, Article 112a :
         Specification: Wrongful use of marijuana.
         Finding: to Charge and the specification thereunder, guilty.
          Sentence: Forfeiture of $695.00, confinement for 30 days, reduced to E-1.
          CA action 020123 : Sentence approved and ordered executed.
020329 :  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse. Applicant informed the least favorable character of service possible was as under other than honorable conditions.

02041 9 :  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.

020605 :  SJA review determined the case legally sufficient.
020611 :  GCMCA, Commanding General , 3d Marine Aircraft Wing, 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 20020626 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 claims his discharge characterization should be upgraded because it was based on an isolated incident in 2 years 9 months and 5 days of service with no other adverse action . 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. The Applicant’s service record is marred by award of nonjudicial punishment (NJP) for illegal drug use, thus substantiating the misconduct for which he was separated. The summary of service clearly documents that misconduct due to drug abuse was the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. 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. 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 .

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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