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

 ex-Pvt, USMC
Docket No. MD99-01152

Applicant’s Request

The application for discharge review, received 990830, 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 000512.  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:

Copies of DD Form 214 (4)
Copy of Birth Certificate
Copy of Recruit Transfer
Copy of Temporary Instruction Orders
Copy of Reporting/Reassigning Endorsement
Letter from Applicant (2 pgs)
Character Reference Letter
Employment Reference Letter
Employment Performance Appraisal (3 pgs)
Copies of Value for Further Service Letters (2)
Copy of Recommendation for Admin Separation from Staff Non-Commission Officer in Charge, SACC
Copy from Medical Record
Copy of Military Occupational Specialties Form
Copy of Chronological Record

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		None

Period of Service Under Review:

Date of Enlistment:  961204		Date of Discharge:  971015

Length of Service (years, months, days):

	Active:    00  10  12
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  85

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.6 (3)*			Conduct:  3.6 (3)* 

Military Decorations:  None

Unit/Campaign/Service Awards:  GCM 

Days of Unauthorized Absence:  None 
 
*(From CO’s ltr dtd 970828) 

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:

961122:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

970726:	Applicant statement" On May 23rd at approximately 2000 in the evening I was at the Airport travelodge in San Diego. That night I went into Mexico where I met some friends.  They came back to the hotel room with me.  One of the girls said she had some weed, she got it out and lit it.  Even though I knew it was the wrong thing to do and that the policy on drugs in the Marine Corps is that it is not tolerated.  I smoked the marijuana anyway. I had smoked two joints that night"[EXTRACTED FROM CASE FILE].
      
970731:	NJP for violation of UCMJ, Article 92: Failure to obey 1stMarDiv Regulation by going to Mexico; violation of the UCMJ, Article 112a: Wrongfully use, possession, etc., of controlled substance, to wit: SNM wrongfully used a controlled substance based on SNM's confession.
Awarded forfeiture of $400.00 per month for 2 months, restriction and 
extra duties for 45 days, reduction to E-1.  Not appealed.

970814:	Counseled for deficiencies in performance and conduct.  [Your illegal use of drugs; specifically marijuana based on your statement of confession].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970814:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your statement dated 970726. 

970814:	Applicant advised of his rights and having elected not to 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. 

970825:	Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent

970827:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was your illegal use of drugs.  On 970731 you received Battalion Office Hours for the wrongful use of marijuana, as evidenced by your statement dated 970726. 

970919:	SJA review determined the case sufficient in law and fact 

970922:	GCMCA [CG, 1st MarDiv] 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 971015 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.

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 P1900.16E), 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