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

 ex-LCpl, USMC
Docket No. MD00-00909

Applicant’s Request

The application for discharge review, received 000714, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The applicant requested a personal appearance hearing discharge review before the Board in the Washington National Capital Region.  The applicant did not list any representative on the DD Form 293.  In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020101.  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 (administrative discharge board required but waived) or (with administrative discharge board), authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I am requesting an upgrade of my discharge from Other Than Honorable to General Under Honorable based on the fact that I have corrected the problem that caused me to ruin my military career and to be discharged.  During my service time I was always in good standing as my S.R.B's will reflect.  The charge of drug abuse was a one time offense and was never repeated while I was in the Marine Corps.  I has attended level one counseling and remained a good Marine until discharge.  This was the only trouble I was ever in during my time in the Corps, and all I had asked was for a second chance in the service.  Since my discharge I have move on in my life and learned how to become more responsible.  I have taken the responsibility of marriage for two years and care for our 3 year old daughter of my wife’s previous marriage.  I have gone to school and obtained a license in Emergency Medicine.  I am nationally registered as an Emergency Medical Technician, and Basic in the State of Ohio.  I have held employment with various ambulance companies using my knowledge and discipline to the best of my ability.  I also served on the local fire department, this is a volunteer capacity, with the responsibility of saving lives and the protection of property.  I am requesting an upgrade because I want to try and re-enter the military to prove to others that I am a responsible person, not a drug user but someone who made a mistake one time.  I have never used illegal drugs since that one time and have passed every drug test I have ever taken.  I am asking that the Board fine in my favor.  Thank you for your time and consideration.

Documentation

In addition to the service record, NO DISCHARGE PACKAGE EXCEPT FOR COMMANDING GENERAL MESSAGE, the following additional documentation, submitted by the applicant, was considered:

Character Reference Letters (3)
Employment Reference Letters (2) 

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		901128 - 901218	COG

Period of Service Under Review:

Date of Enlistment:  901219		Date of Discharge:  940308

Length of Service (years, months, days):

	Active:  03  02  19
	Inactive:  None

Age at Entry:  20			Years Contracted:  6 

Education Level:  12			AFQT:  50

Highest Rank:  Cpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.45 (8)		Conduct:  4.1(8)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SASMw1*, SSDR, Rifle Marksman, GCM 

Days of Unauthorized Absence:  None 

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

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

Chronological Listing of Significant Service Events:

901127:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

920701:	Counseled for deficiencies in performance and conduct.  [Insufficient funds to cover check] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

931008:	Counseled for deficiencies in performance and conduct.  [Failure to comply with the UCMJ, violation 112A] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

931019:	NJP for violation of UCMJ, Article 112a: On or about 930907 wrongfully use a controlled substance to wit: Amphetamine/Methamphetamine.
Awarded forfeiture of $450.00 per month for 2 months, restriction and 
extra duties for 45 days, reduction to E-3.  Not appealed.

931117:	Medical evaluation for drug abuse found the applicant to be a drug abuser.

940207:	GCMCA [Commanding General, 1st Marine Division] 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 940308 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 the applicant’s issue 1, the Board found the applicant was briefed and executed his understanding of the Marine Corps Drug Abuse Policy, in his own hand.  Relied denied.

The following is provided for the applicant’s edification.  The NDRB is authorized to consider 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.  However, there is no law or regulation that 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 be found to have existed during the period of enlistment in question.  No such error or injustice is evident in the applicant’s service record.   In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships. The applicant's efforts need to be more encompassing than those provided.  The applicant should have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs in order for consideration for clemency based on post-service conduct.  At this time the applicant has not provided sufficient documentation of good character and conduct.  Therefore no relief will be granted.  The applicant is reminded that he remains eligible for a personal appearance hearing provided that an application is received within 15 years from the date of discharge.

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