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

 ex-Pvt, USMC
Docket No. MD99-01228

Applicant’s Request

The application for discharge review, received 990914, requested that the characterization of service on the discharge be changed to Honorable or 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 000525.  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.  Was denied opportunity to see review board about type of discharge.  OTH was rushed through and hand delivered to Company 1st St T_ on date of discharge. Was never given opportunity to state facts on my side of case.  I also believe 1st St T_ somehow was involved in having my military counsel switched 3 times without my consent in order to have time to process OTH.  I completed my entire obligation to the USMC and feel I was heinously robbed of my honorable discharge!  My 4-year active service record shows that my service was honorable, and that my 1st St deliberately took my rightful discharge away from me.  Please reconsider upgrading my discharge.  OOH RAH'H!

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:   None
	Inactive:  USMCR(J)		900620 - 900717	COG

Period of Service Under Review:

Date of Enlistment:  900718		Date of Discharge:  940817

Length of Service (years, months, days):

	Active:    04  01  00
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  43

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.0 (14) 		Conduct:  3.6 (14)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR w/1 Star, AFEM, JMU

Days of Unauthorized Absence:  30 

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:

900618:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

910626:	Counseled for deficiencies in performance and conduct.  [Conduct unbecoming a Marine, specifically fighting with other Marines.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920506:	NJP for violation of UCMJ, Article 92:
Specification: Violate a lawful general order, to wit: paragraph 4.b, Division Order 1700.10C, dated 850311, by consuming alcoholic beverages in the Bachelor Enlisted Quarters on 0233, 3May92.
Awarded forfeiture of $228.00 per month for 1 month, restriction and extra duties for 14 days.  Not appealed.

940315:	Counseled for deficiencies in performance and conduct.  [Excessive speeding while aboard base and disrespect toward a commissioned officer in the Marine Corps.  Specifically, applicant was stopped by an officer in uniform for speeding and refused to surrender his military ID card in a belligerent manner.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940504:	NAVDRUGLAB [San Diego, CA], reported applicant’s urine sample, received 940429, tested positive for THC.

940510:	Applicant notified eligible but not recommended for promotion to Cpl for the month of May because of lack of ability and poor decision making skills.

940624:	NJP for violation of UCMJ, Article 86:
Specification: Unauthorized absence on 0645, 23May94 until 0645, 22Jun94 (30 days).
Awarded forfeiture of $466.00 per month for 2 months, restriction and extra duties for 45 days, reduction to PFC.  Not appealed.

940804:	Counseled for deficiencies in performance and conduct.  [Illegal drug involvement, specifically, useage of marijuana as identified by Navy Drug Lab San Diego, CA.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940809:	Medical evaluation for drug abuse found the applicant had a history of ETOH abuse and intoxication and THC use. 

940811:	NJP for violation of UCMJ, Article 112A:
Specification: On or about 22Ap94, applicant was subject to a urinalyis.  Message dated 042035Z May 94 indicates applicant tested positive for marijuana.
Awarded forfeiture of $416.00 per month for 2 months, restriction and extra duties for 45 days, reduction to Pvt.  Not appealed.  Non-Judicial Punishment agreement.  Applicant plead guilty to violation of UCMJ, Article 112A at NJP and waived right to hearing at an administrative discharge board.  Applicant stated he fully understood and comprehended the meaning thereof and all attendant effects and consequence.

940811:	Consolidated Substance Abuse Control Officer evaluation: Applicant found to be a drug and alcohol abuser and recommend initiate administrative separation proceedings.

940811:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

940811:	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights.

940811:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was illegal use of drugs. 

940815:	SJA review determined the case sufficient in law and fact.

940816:	GCMCA [Commander, 1st Marine Division (Rein), FMF 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 940817 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).

In the applicant’s issue 1, the Board determined this issue is without merit.  The applicant claims his OTH was rushed through and he was never given the opportunity to state facts on his side of case.  He also stated that he completed his entire obligation to the Marine Corps and he was heinously robbed of his Honorable discharge.  The facts of this case are, the applicant was counseled for conduct unbecoming a Marine in June 1991.  In May 1992 he had NJP for violating UCMJ, Article 92, then counseled for excessive speeding and disrespect towards a commissioned officer in March 1994.  He had NJP in June 1994 for unauthorized absence (30 days UA) and finally NJP for drug abuse in August 1994, prior to his discharge.  In summary, from June 1991 until August 1994 (3 years and 2 months), the applicant was a disciplinary problem for his command.  He waived his right to an administrative discharge board and accepted accepted NJP for violation of UCMJ, Article 112A.  His service to the Marine Corps was not honorable and the characterization of his discharge was accurate.  His discharge was proper and equitable.  Relief denied.

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.  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 view DoD Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.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:

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