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

ex-PVT, USMC
Docket No. MD99-01000

Applicant’s Request

The application for discharge review, received 990720, requested that the characterization of service on the discharge be changed to general/under honorable conditions and the reason for the discharge be changed.  The applicant requested a documentary record discharge review.  The applicant did not list representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000410.  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/INVOL DIS (BOARD WAIVED (MISCONDUCT) DRUG ABUSE, authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.	I do not feel that I was unjustly given an other than honorable discharge.  My foolish and immature decision to experiment with drugs has cost me more than words can describe.  The loss of pride and pain that I have felt as a result of my actions is something that I have tried to overcome for the past 4 years.  But the feelings of deep regret have persisted to haunt me in every aspect of my life.
2.	I humblely urge you to upgrade my discharge to a general under honorable conditions and more importantly, I request that my reenlistment code be upgraded so that it be possible for me to return to active duty in order to fullfil the commitment that I made to this great Nation and someday regain the title of United States Marine.  Nothing in this World means more to me than being able to wear the Eagle Globe and Anchor again and to one day be Honorably discharged from service.
3.	None of the accomplishments that I have made in my life nor any achievements that can be made in the future will ever be able to erase those mistakes I made in 1995.  I pray only that you give me the opportunity to do everything that I possible can to replace the feelings of disgrace with those of honor once given. 

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214
Ltr from Mr R_, Assistant Professor of Physics dtd Apr 5, 1999
Ltr from L.B_, visiting instructor, dtd Apr 9,1999
Law Enforcement Agency check dtd 3/25/1999
Policy Dept check dtd 3/25/99 
Copy of Presidential Academic Fitness Award dtd June 5, 1985
Copy of High School Diploma dtd May 29,1992
Copy of Dean’s List certificate dtd 5/11/98
Copy of college transcript dtd 7/6/98
Copy of ACT results
Copy of letter from Honor’s Program dtd Mar 12, 1999
Copy of transcript and Dean’s list Fall 98 and Spring 99
Copies of military schools/course completion certificates
Copy of Distinguished Graduate certificate dtd 10 Sept 93 

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		910729 - 920706	COG

Period of Service Under Review:

Date of Enlistment:  920707		Date of Discharge:  950526

Length of Service (years, months, days):

	Active:  02  10  26
	Inactive:  None

Age at Entry:  18			Years Contracted:  5

Education Level:  12			AFQT:  95

Highest Rank:  CPL

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (9)		Conduct: 3.8 (9)

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Expert Badge (2), NDSM, COA, LOA 

Days of Unauthorized Absence:  None 

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE/INVOL DIS (BOARD WAIVED) (MISCONDUCT) DRUG ABUSE, authority:  MARCORSEPMAN Par. 6210.5.

Chronological Listing of Significant Service Events:

910702:	Initial enlistment contract documents admission of pre-service marijuana experimentation.  Enlistment waiver granted. Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

941129:	Counseled for deficiencies in performance and conduct, specifically his failure to be at the appointed place of duty at the appointed place of time.   Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

941219:	Not recommended for promotion to Sgt for the quarter because of lack of initiative and forcefulness and his failure to be at the appointed place of duty.

950315:	NJP for violation of UCMJ, Article 86: failed to go at the time    prescribed to the S-2 shop at 0545 on 950306.
Awarded forfeiture of $100.00 per month for 2 months, restriction and 
extra duties for 45 days, reduction to E-3.  Reduction to E-3 suspended for 4 months unless sooner vacated.  Not appealed.

950325:	NJP imposed and suspended on 950315, is hereby vacated and ordered executed.

950426:	NJP for violation of UCMJ, Article 91: Insubordinate conduct toward an NCO on 950323; violation of UCMJ, Article 86: Failed to go at the time prescribed to bldg. 1980 at 0500 on 23Mar95.
Awarded forfeiture of $100.00 per month for 2 months, extra duties for 45 days.  Forfeiture suspended for 4 months unless sooner vacated. No indications of appeal in the record.

950516:	NJP for violation of UCMJ, Article 112a.
Awarded forfeiture of $407.00 per month for 2 months, restriction and 
extra duties for 45 days, reduced to E-1.  No indications of appeal in the record.

950524:	SJA review determined the case sufficient in law and fact.

950524:	GCMCA, CG, 1st MarDiv, directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

Discharge package missing from OMPF

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 950526 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).

The following is provided for the applicant’s edification.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E).  The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB.  The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

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.  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