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

ex-PFC, USMC
Docket No. MD00-00266

Applicant’s Request

The application for discharge review, received 991215, requested that the characterization of service on the discharge be changed to Entry level separation or uncharacterized.  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 000817.  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.

The NDRB did note an administrative error on the original DD Form 214.  Block 24, Character of Service should read:  “UNDER OTHER THAN HONORABLE CONDITIONS” vice “OTHER THAN HONORABLE”.  The original DD Form 214 should be corrected or reissued as appropriate. 

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 (2)

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		940712 - 940808	COG

Period of Service Under Review:

Date of Enlistment:  940809		Date of Discharge:  980813

Length of Service (years, months, days):

	Active:    04  00  05
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  32

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.4 (9)			Conduct:  4.1 (9)

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:

940708:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

951127:	NJP for violation of UCMJ, Article 92: Failed to obey a regulation, ASO 11101.33A by having a person of the opposite sex in his room after visitation hours on or about 0040, 951028; violation of UCMJ, Article 120: Commit the offense of carnal knowledge by having sexual intercourse with a female under the age of 16 on or about 0040, 950128.
Awarded forfeiture of $428.00 per month for 2 months, restriction for 30 days, extra duties for 45 days, reduction to E-2 (suspended for 6 months).  Not appealed.

951212:	Counseled for deficiencies in performance and conduct.  [NJP proceedings on 951121, violation of Art 92, Failure to obey order or regulation, violation of Art 120, Carnal Knowledge] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960515:	Counseled for deficiencies in performance and conduct.  [Underage drinking and open container] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

961107:	NJP for violation of UCMJ, Article 92: Failed to obey an order.
Awarded forfeiture of $250.00 per month for 1 month, restriction and extra duties for 14 days.  Not appealed.

980518:	Counseled for deficiencies in performance and conduct.  [Disrespectful to a SNCO, not following a lawful order given by a SNCO, and immature behavior that could have resulted in other individuals to be injured] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980527:	NJP for violation of UCMJ, Article 112a: Wrongful use of controlled substance (marijuana) on 980505.
Awarded forfeiture of $519.00 per month for 2 months, restriction and extra duties for 45 days, reduction to E-2.  Not appealed.

980622:	Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse.

980622:	Applicant advised of his rights and having elected not to consult having consulted 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.

980622:	Commanding Officer, Headquarters Battalion, Marine Corps Base Hawaii recommended discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse.  The factual basis for this recommendation was wrongful use of marijuana.

980701:	SACC evaluation: NO DIAGNOSIS, IAW DSM IV CRITERIA.  Process member for Administrative Separation in accordance with MCO P1900.16E.  Member has been advised of VA rights as they pertain to discharge.

980709:	SJA review determined the case sufficient in law and fact.

980722:	GCMCA [Commander, Marine Corps Base Hawaii] 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 980813 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 applicant introduced no decisional issues for consideration by the Board.  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