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

 ex-Pvt, USMC
Docket No. MD99-01017

Applicant’s Request

The application for discharge review, received 990721, requested that the characterization of service on the discharge be changed to honorable.  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 000424.  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

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. 

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive:  USMCR(J)		941206 - 950109	COG

Period of Service Under Review:

Date of Enlistment:  950110		Date of Discharge:  971211

Length of Service (years, months, days):

	Active:    02  11  01
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  35

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.9 (7)			Conduct:  3.5 (7)

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Marksman Badge, NDSR, SSDR, AFEM, Meritorious Mast 

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:

941205:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

950516:	NJP for violation of UCMJ, Article 86: UA from 2000, 950430 to 1900, 950502 [2days/S].
Awarded forfeiture of $182.00 per month for 1 month, restriction and 
extra duties for 14 days.  Not appealed.

950831:	NJP for violation of UCMJ, Article 86: Failed to report to his unit 0001, 950611 to 1500, 950808 [2days/S].
Awarded forfeiture of $427.00 per month for 2 months, restriction and 
extra duties for 45 days.  Not appealed.

950905:	Counseled for deficiencies in performance and conduct.  [Violation of Article 86, Unauthorized absence].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970428:	Counseled for deficiencies in performance and conduct.  [Being non-recommended for promotion to corporal base on lack of leadership] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970708:	NAVDRUGLAB [SAN DIEGO CA], reported applicant’s urine sample, received 970627, tested positive for [THC].

970828:	Summary Court Martial for violation of UCMJ, Article 86: Without authority absent himself from his unit 970618 to 970623 [5days/S], violation of UCMJ, Article 112a: Wrongfully use marijuana on or about 970624.
Sentenced to forfeiture of $600.00 pay per month for 1 month, restriction for 60 days, reduction toE-1.
CA (970915) Sentence approved and ordered executed.

971013:	Commanding Officer, Charlie Company recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.

971015:	First Sergeant, Charlie Company recommended discharge under other than honorable conditions for violation of Article 112a of the UCMJ, wrongful use of marijuana.

971023:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by violation of Article 112a which led to your summary court-martial.

971028:	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.

971028:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was his violation of Article 112a of the UCMJ and his blatant and repeated disregard for the rules and regulations of the UCMJ.  Pvt R_______ has demonstrated that he lacks the requisite moral character to succeed as a U.S. Marine.  His retention would be a burden to his unit and detrimental to the good order and discipline of this command and the United States Marine Corps.

971114:	GCMCA [Commanding General] 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 971211 under other than honorable conditions for misconduct due to drug abuse (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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 (C and D).

The applicant introduced no decisional issues for consideration 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.  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.  

C.  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.

D.  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