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

 ex-Pvt, USMC
Docket No. MD00-00345

Applicant’s Request

The application for discharge review, received 000113, 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 000907.  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 feel my discharge was improper due to the fact I was solely reviewed and improperly judged by this isolated incident without being taking into consideration my outstanding exemplary achievements this far during my short time in service.  I was an accessory to the fact and was very scared, this having persecuted myself unwillingly and untruthfully not expecting such an outrageous decision in discontinuing my Marine Corp career. To this day I regret even allowing myself to even be around such an incident, I've should have known better, and as a Marine should have tried to make it right.  I always believe Marines should have take care of one another (all for one and one for all) as I was taught in recruit training, so that was my intentions but I guess a fellow Marine who was also there did not feel the same.  Morally we should've tried to help one another, and if we felt there was a problem then seek help for our fellow Marines, but that wasn't how it happened.  Sir or Ma’am, I deeply regret the events that took place this day.  If only I could do it again I live everyday with thoughts on where I would be right now in the Corps.  Whenever I meet young fellow Marines I speak to them on what happened to my career and let them know don't allow themselves to put their career at Jeopardy, it's not worth it.

Documentation

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

Copy of DD Form 214
Letter from applicant
Copy of Certificate of Appreciation
Copy of Meritorious Mast Certificate
Copy of Certificate of Commendation
Copy of Private First Class (Meritoriously) Certificate

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		970107 - 970120	COG

Period of Service Under Review:

Date of Enlistment:  970121		Date of Discharge:  971121

Length of Service (years, months, days):

	Active:    00  10  01
	Inactive:  None

Age at Entry:  22			Years Contracted:  4 

Education Level:  12			AFQT:  82

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  2.0 (1)			Conduct:  2.0 (1)

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Sharpshooter Badge 

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:

970103:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

970912:	NJP for violation of UCMJ, Article 112a: Wrongfully use a controlled substance, to wit: marijuana.
Awarded forfeiture of $450.00 per month for 2 months, restriction for 60 days, reduction to E-1.  Not appealed.

970917:	Alcohol Treatment Facility Evaluation states applicant was screened by a counselor at ATF on 970916 and returned on 970917 to complete medical evaluation.  Member participated in a thorough counselor screening to determine if a substance problem exist and to recommend an appropriate level of treatment.  Subsequent to the counselor screening, applicant was evaluated by a licensed Independent Practitioner (a physician) and diagnosed as alcohol dependent/cannabis abuser.

970917:	Applicant refused Substance Abuse Treatment.

971003:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by non-judicial punishment for wrongful use of marijuana.

971007:	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.

971022:	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 in-service use of a controlled substance as evidenced by non-judicial punishment for wrongful use of marijuana.

971114:	SJA review determined the case sufficient in law and fact. 

971114:	GCMCA [Commander, Marine Corps Air Base, Eastern Area] 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 971121 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 response to the applicant’s issue the following is provided:  To permit relief, an error or injustice must be found to have existed during the period of enlistment under review.  There was nothing in the records, nor did the applicant provide any documentation, to indicate there existed an error of fact, law, procedure, or discretion at the time of discharge.  There was no rights violation and no basis for relief.

The NDRB is authorized to consider post-service factors in the re characterization of a discharge.  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 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