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

 ex-PVT, USMC
Docket No. MD00-00886

Applicant’s Request

The application for discharge review, received 000705, 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 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/INVOL DIS (BOARD WAIVED (MISCONDUCT) DRUG ABUSE, authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I am seeking VA Substance Abuse Treatment as well as treatment for medical and other Psyche Conditions.  Please Upgrade to a General discharge.

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		910315 - 910721	COG

Period of Service Under Review:

Date of Enlistment:  910722		Date of Discharge:  940823

Length of Service (years, months, days):

	Active:  03  01  02
	Inactive:  None

Age at Entry:  17			Years Contracted:  4 

Education Level:  12			AFQT:  67

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.93 (13)		Conduct:  3.6(13)

Military Decorations:  None

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

Days of Unauthorized Absence:  None 

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

UNDER OTHER THAN HONORABLE/(MISCONDUCT) DRUG ABUSE INVOL DIS (BOARD WAIVED), authority:  MARCORSEPMAN Par. 6210.5.

Chronological Listing of Significant Service Events:

920129:	Counseled for deficiencies in performance and conduct.  [Unauthorized absence] Specific necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920206:	Counseled for deficiencies in performance and conduct.  [Personality disorder that is likely to cause you to respond maladaptively under conditions of great stress] Specific necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920730:	Counseled for deficiencies in performance and conduct.  [Not obeying barracks regulation, specifically; having fireworks and an unauthorized weapon, Brass Knuckles, in the BEQ room] Specific necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930212:	NJP for violation of UCMJ, Article 86: UA from 2145, 930226 to 0917, 930207; violation of UCMJ, Article 92: Was derelict in the performance of duties; violation of UCMJ, Article 134: Was as a result of alcohol indulgence, incapacitated for the proper performance of duties.
Awarded forfeiture of $456.00 per month for 2 months, restriction and 
extra duties for 45 days, reduction to E-2.  Not appealed.

940215:	Counseled for deficiencies in performance and conduct.  [Your lack of judgement and lack of respect for superiors as evidenced by your NJP on 940215 for failure to obey a lawful order and disrespect to a SNCO] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940223:	NJP for violation of UCMJ, Article 91: Willfully disobey a lawful order to disclose his unit & MOS to SSgt B____; violation of UCMJ, Article 91: Disrespect to SSgt B____ by rolling his eyes and throwing his arms up in the air.
Awarded forfeiture of $100.00 per month for 0 months, restriction and 
extra duties for 00 days.  Not appealed.

940502:	NJP for violation of UCMJ, Article 92: On 940305 violate a lawful order, to wit; BaseOP5000.2H, specifically, possession of a switch blade knife; violation of UCMJ, Article 134: On or before 940305, wrongfully & falsely altered his military ID card, #10241199, to wit; changed his DOB from 731112 to 721112.
Awarded forfeiture of $100.00 per month for 2 months, restriction for 45 days (suspended for 6 months),
extra duties for 45 days, reduction to E-2.  Not appealed.

940514:	NAVDRUGLAB [SAN DIEGO, CA], reported applicant’s urine sample, received 940513, tested positive for [THC].

940531:	Counseled for deficiencies in performance and conduct.  [Illegal use of a controlled substance, tetrahydrocannabinol (THC) as evidenced by NAVDRUGLAB message 192112Z May 94] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940609:	NJP for violation of UCMJ, Article 112a: On or before 940511, wrongfully used a controlled substance, tetrahdrocannabinnol (THC); violation of the UCMJ, Article 86: Without authority absence from his appointed place of duty, to wit: Camp Wilson from 1830, 940507 to 0700, 940508.
Awarded forfeiture of $200.00 per month for 2 months, restriction for 45 days (suspended for 6 months), 
extra duties for 45 days, reduction to E-1.  Not appealed.

940615:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct and misconduct due to drug abuse.

940616:	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.

940706:	CSACC evaluation indicates applicant was diagnosed as a drug abuser by a medical officer.

940708:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct pattern of misconduct and misconduct due to drug abuse.  The factual basis for this recommendation was your five page 11 counselings and four NJP's, one of which evidenced the illegal use of drugs. 

940812:	SJA review determined the case sufficient in law and fact.

940817:	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 940823 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).

In considering the applicant’s issue, the Board found no merit in the applicant’s statement.  The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board.  There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. 

A medical diagnosis, whether proper or improper is not an issue upon which the NDRB can grant relief.  The NDRB does not consider the circumstances surrounding the applicant’s stated condition, the implied diagnosis, nor medical treatment given to the applicant to be of sufficient nature to exculpate the applicant’s misconduct.  In fact, the NDRB sees no connection between the applicant’s misconduct and his medical condition.  The applicant’s misconduct began before his alleged medical condition.  The record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service.  The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. 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.  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 112a, wrongful use of a controlled substance.

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