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

ex-LCpl, USMC
Docket No. MD00-00856

Applicant’s Request

The application for discharge review, received 000626, 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 010201.  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-Drug abuse (with administrative discharge board), authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My discharge is not proper for my future accomplishments.  I cannot better myself with this discharge.

2.  Prior to my discharge, I honorable and outstanding.

Documentation

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

Reference Letter
Employment Reference Letter
Letter from Applicant
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		840828 - 870929	HON
	Inactive: USMCR(J)		830930 - 840827	COG

Period of Service Under Review:

Date of Enlistment:  870930		Date of Discharge:  890914

Length of Service (years, months, days):

	Active:  01  11  16
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  33

Highest Rank:  Cpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.30 (5)		Conduct:  4.1(5)

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Marksman Badge, SSDR, GCM, MUC, LOA 

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS /Misconduct-Drug abuse (with administrative discharge board), authority:  MARCORSEPMAN Par. 6210.5.

Chronological Listing of Significant Service Events:

840828:	Initial enlistment contract documents admission of pre-service marijuana experimentation.  Enlistment waiver granted. Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

870930:	Reenlisted at 4THBN 12THMAR 3DMARDIV for 4 years.
 
880111:	Counseled for deficiencies in performance and conduct.  [Unsatisfactory performance of duty as Orders Clerk, specifically, SNM counseled due to inattention of detail and lack of initiative by failing to initiate action to correct discrepancies noted on PCS travel claims for Marines of this battalion and failing to track orders and travel claims.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

890324:	NJP for violation of UCMJ, Article 112a: Wrongful use of marijuana on or about 890109.
Awarded forfeiture of $300.00 per month for 2 months, restriction for 20 days, extra duties for 25 days, reduction to E-3.  Not appealed.

890328:	Counseled for deficiencies in performance and conduct.  [Your positive urinalysis for marijuana which resulted in NJP] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

890329:	Medical evaluation for drug abuse found the applicant to be not drug dependent

890518:	NAVDRUGLAB [SAN DIEGO, CA], reported applicant’s urine sample, received 890509, tested positive for [THC].

890526:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

890526:	Commanding Officer, H&H MCAS El Toro CA recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was your NJP of 890316 for positive urinalysis and your recent positive urinalysis while on the Unit Surveillance Program.

890621:	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

890801:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

890804:	SJA review determined the case sufficient in law and fact.

890807:	GCMCA [Commander, Marine Corps Air Bases Western 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 890914 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 states in issue 1, that he cannot better himself with this discharge.  The Board determined this issue is without merit.  The NDRB is under no obligation to upgrade an applicant’s discharge to allow him to better himself.  The applicant knowingly used THC, a drug he knew to be illegal, at least 2 times in his second enlistment.  He was correctly discharged.  Relief denied.

Issue 2 is non-decisional.  The applicant abused THC, was caught and administratively discharged in accordance with regulations.  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