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

 ex-PVT, USMC
Docket No. MD00-00188  

Applicant’s Request

The application for discharge review, received 991118, 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 000818.  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.  I'm sorry for my mistakes all I can do to prove my sincerity is to try to better myself by going to school & working hard.  There's nothing more I want to do than become a marine again.  Until that time comes I will continue to be a good citizen in our community & help out to fellow neighbor, friends, & acquaintances that I can.  I hope that the Naval Board grant me my plea to become a marine again.  Thank you for your time & effort & looking forward to become a marine again.  

Documentation

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

Copies of DD Form 214 (2)
Letter from Dr R____ L. R_____
Copy of Psychological Report (3pgs)
Letter from Electroencephalography Laboratory
Letter from applicant (2pgs)
Reference Letter (2pgs)
Letters of Recommendation (5)
Letters to Senator J___ W____ and Senator C_____ R___
Copy of E-mail address
Letter from President of NRI School
Picture of NRI School
Police written examination letter
Application for employment
Picture of applicant marine photograph
Copy of Communications Center Operator Certificate of completion
PFC Appointee Certificate
Copy of Consent to Release Records
Response letter from Senator C____ R____
Response letter from Congressman J____ P. M______
Character Reference Letters (2)
Employment Reference Letters (5)
Letter from NRI Education Department
Copy of Student Academic Record
Copy of NRI School Electronic Enrollment Agreement
Letter from Prince George's County Public Schools
Copy of Graduation Verification Letter
Copy of Secondary Curriculum Certificate
Copy of Certificate of Marriage 

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		950728 - 951016	COG

Period of Service Under Review:

Date of Enlistment:  951017		Date of Discharge:  961015

Length of Service (years, months, days):

	Active:    00  11  29
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  54

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.1 (2)			Conduct:  3.4 (2)

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Marksman Badge, NDSM 

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:

950725:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

960523:	Counseled for the following deficiencies, Unauthorized absence, specifically for leaving from appointed place of duty on 960423 without being properly secured.

960611:	NAVDRUGLAB SAN DIEGO, CA, reported applicant’s urine sample, received 960605, tested positive for THC.

960627:	Counseled concerning my illegal drug involvement, specifically his use of a controlled substance identified by NAVDRUGLAB msg 112005Z Jun 96, lab accession #831068, as THC.  Necessary corrective actions explained.  Sources of assistance identified.  Disciplinary and administrative discharge warning issued.

960709:	NJP for violation of UCMJ, Article 112a: Use of a controlled substance on or about 960605 while attached to MCCES, MCAGCC.
Awarded forfeiture of $437.00 per month for 2 months, restriction and 
extra duties for 30 days.  Not appealed.

960710:	NAVDRUGLAB SAN DIEGO, CA, reported applicant’s urine sample, received 960707, tested positive for THC.

960802:	Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse.

960802:	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.

960827:	SNCOIC (CDACC), SMN reported to CDACC on 960628 and was assessed by a Substance Abuse Counselor and a Medical Officer and diagnosed as a marijuana, recommended for Administrative discharge, and Level II if time permit.

961002:	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 failure to conform to the standards of the Marine Corps, On July 1996 received non-judicial punishment for wrongful use of THC. 

961009:	SJA review determined the case sufficient in law and fact.

961009:	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 961015 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 Board determined the applicant’s issue is without merit.  The applicant claims he is sorry for his mistakes, and wants to become a Marine again.  The Board recognizes the applicant’s remorse for his misconduct and desire to rejoin the Marine Corps.  However, the applicant demonstrated total disregard for Marine Corps regulations and discipline by using illegal drugs, repeatedly.  He was punished and counseled after his first violation of UCMJ Article 112a, but not discharged from the Marine Corps.  The applicant ignored all warnings and used drugs a second time.  The second illegal drug use resulted in separation from the Marine Corps.  The Board determined the second infraction of UCMJ, Article 112a and the lack of documentation to show the applicant has not continued to use illegal drugs, since separation from the military, warrants no change in the characterization of his discharge.  Additionally, the Board is under no obligation to upgrade an individual’s discharge for the purpose of rejoining any military organization.  Relief denied.

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 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