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

,ex-PVT, USMC
Docket No. MD00-00450

Applicant’s Request

The application for discharge review, received 000222, 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 010116.  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 think my discharge should be changed, despite the fact of what I was charged with during the Summary Court Martial, while I was in the Marine Corps, since Iv'e been out of the service, I have had no dealing with any narcotics or illegal substances of any kind.  I understand the Marines Corps no drug tolerance policy, but indeed I only did that to be separated from the Marine Corps in seeking that I'd find a better way of life for myself.  My discharge that I received, not knowing at the time how it could hurt me later on, plays a big part in me not doing some of the things in life I planned on doing.  I ask for strong consideration in changing my discharge, and hope that this would not be any inconvenience to the staff of Navy& Marine Corp Council of Personael Records, or to myself.  Thank for you gratitude.

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)		960605 - 960728	COG

Period of Service Under Review:

Date of Enlistment:  960729		Date of Discharge:  990203

Length of Service (years, months, days):

	Active:    02  06  05
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  58

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  NMA			Conduct:  NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  Meritorious Mast, AFSM, SSDR, NM, 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:

960604:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

980311:	Counseled for deficiencies in performance and conduct.  [Driving with an expired license, failure to tend to personal finances, and for unsatisfactory performance.  On 980223 you were found to be operating a POV without military identification and no drivers license.  It was later identified that because of your failure to pay two traffic infractions earlier in the year your drivers license was suspended by of North, yet you knowingly continue to illegally operate you POV.  Your failure to recompense both civilian and military agencies resulted in over $800.00 of outstanding debt, and was temporarily rectified only through command intervention.  You have been counseled on your lack of military bearing, failure to accomplish assigned task, failed several room inspection, and neglected to notify your chain of command when changing leave addresses.  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

981022:	NAVDRUGLAB [JACKSONVILLE, FL], reported applicant’s urine sample, received 981016, tested positive for [THC].

981027:	Counseled concerning my illegal drug involvement; specifically, usage of the drug THC, as identified through urinalysis testing, DOD Drug Test account number J9810904192.  Advised of separation process.

981110:	SACC's evaluation determined applicant not to meet DSM IV criteria for Cannabis abuse or dependence.

981212:	Summary Court Martial for violation of UCMJ, Article 112a(3 Specs):
Specification 1: Wrongful use of marijuana between 980101 and 980131;
Specification 2: Wrongful use of marijuana between 980901 and 980930; Specification 3: Wrongful use of marijuana between 981009 and 981012.  Findings:  Guilty to charge 1 and all specifications thereunder.
Sentence: Confinement for 30 days, forfeiture of $616.00 per month for 1 month, reduction to E-1.
CA (981222): Sentence approved and ordered executed. 

990122:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse. The factual basis for this recommendation was your in-service drug use (marijuana), as evidenced by Naval Drug Laboratory, Jacksonville, Florida, message 222318Z of October 1998.

990122:	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.

990122:	Commanding Officer, 2d Low Altitude Air Defense Battalion recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. 

990126:	Commanding Officer, Marine Air Control Group 28 concurred with the recommendation of the Commanding General to separate applicant under other than honorable conditions.
  
990128:	SJA review determined the case sufficient in law and fact [ 

990128:	GCMCA [Commanding General, 2d Marine Aircraft Wing] 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 990203 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 requests that his discharge because he was unaware of the impact it would have on his future.  The Board found that the applicant went to a Summary Court Marital for the use of illegal drugs during 3 occasions.  He was found guilty of those charges and was processed for discharge as required my Marine Corps policy.  The 
Applicant stated “I understand the Marines Corps no drug tolerance policy, but indeed I only did that to be separated from the Marine Corps…”.  Regardless of the reason for his use of illegal drugs, the applicant is responsible for his actions, which he knew were wrong.  The Board finds no reason to upgrade his discharge.  Relief denied.

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 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