DEPARTMENT OF THE NAVY
 NAVAL DISCHARGE REVIEW BOARD (NDRB)
                     DISCHARGE REVIEW
                   DECISIONAL DOCUMENT

 ex-PFC, USMC
Docket No. MD99-00444

Applicant’s Request

The application for discharge review, received 990208, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 991213.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My undesirable discharge was inequitable because it was based on one incident in 23 months of service with no other adverse action.  And my performance after and during conviction was of the best of my ability.

2.  My conviction was also prolonged for over 6 months from time of incident for reasons unknown to me and in regards to the time period I also lost money of my personal belongings due to the negligence of my squadron VMFA-235 because they failed to inform me of how and where to pick up my belongings because I was supposed to go overseas and when I got in trouble was never told or given the forms to pick up my gear.

Documentation

The applicant’s service record was thoroughly reviewed.   The applicant submitted no additional documentation.

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive:  USMCR(J)		940323		COG

Period of Service Under Review:

Date of Enlistment:  940324		Date of Discharge:  960215

Length of Service (years, months, days):

	Active:    01  10  22
	Inactive:  None

Age at Entry:  19			Years Contracted:  6

Education Level:  12			AFQT:  68

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.2 (6)			Conduct:  4.2 (6)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, Letter of Appreciation

Days of Unauthorized Absence:  None

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:

940208:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

950712:	NAVDRUGLAB [San Diego, CA], reported applicant’s urine sample, received 950707, tested positive for methamphetamines.

951010:	NJP for violation of UCMJ, Article 112A:
Specification: Wrongfully use methamphetamines on 950706.
Awarded forfeiture of $400.00 per month for 2 months, restriction for 10 days.  Reduction to PFC.  Forfeiture suspended for 6 months.  Not appealed.

951016:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

951016:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

951023:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was use of methamphetamines. 

960112	SJA review determined the case sufficient in law and fact.

960122:	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.

960208:	VA treatment rights counseling.  Rates and elected treatment for alcohol and drug dependency in conjunction with discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960215 under other than honorable conditions for misconduct due to drug abuse (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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 (D and E).

In the applicant’s issue 1, the Board found this issue to be without merit.  The applicant implies that a permissive doctrine exists whereby one in the military is allowed a “single incident”.   The MarineCorps’ policy on drug abuse is quite clear – zero tolerance.  The applicant is obviously confusing this policy with the civilian establishment wherein some offenses, even drug offenses, are treated with leniency because they are a first-time incident.  The Marine Corps has no such leniency policy.  Relief is denied.

In regard to the applicant’s issue 2, the processing of his discharge, from the time of his NJP until his official notification, does not appear to be prolonged.  The allegation about lost personal property and money cannot be addressed by the Board.

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210, MISCONDUCT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 to Present. 

B.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article [ e.g., Article 86, unauthorized absence for more than 30 days].

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

E.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive 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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		Washington Navy Yard
		720 Kennon Street SE Rm 309
		Washington, D.C.  20374-5023