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

ex-Pvt, USMC
Docket No. MD01-00663

Applicant’s Request

The application for discharge review, received 010409, 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 010928.  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 admit what I did was a mistake.  I am a good person and usually do not make errors like that.  While in the Marine Corps, I was an excellent Marine that got along with everyone and was liked by everyone. My PFT scores where above average and I excelled at anything I did.  Just take a look a the Meritorious mast for being on outstanding student of the Field Radio Operations Course.  I was a squad leader in bootcamp and the knowledge recruit.  While in the Fleet I was complimented for being the very few "Boots" that scored higher then other Marines who have been in the fleet for a while in the uniform and gear inspections.  I was a sharpshooter in bootcamp.  While I was in the fleet I was the training NCO for my platoon for 2 months and I was only a PFC. That shows my willingness and motivation to be a leader and a good Marine.  Please take all this into account.  Also, included are records showing that I work and go to school full time and get good grades.  It shows I continue to excel.  Therefore disproving that I am a drug addict of any sort.  It was a BIG mistake on my part.  I loved the Corps.  I am even thinking of reserves after college.  Thank you for your time.

Documentation

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

Copy of Chaffey College registration statement
Copy of meritorious mast dated January 20, 2000
Copy of Earnings statement for period ending December 2, 2000
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		980724 - 990707	COG

Period of Service Under Review:

Date of Enlistment:  990708		Date of Discharge:  000502

Length of Service (years, months, days):

	Active:    00  09  25
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  51

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.9 (3)			Conduct:  3.9 (3)

Military Decorations:  None

Unit/Campaign/Service Awards:  None

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:

990708:	Initial enlistment contract documents admission of pre-service marijuana experimentation.  Enlistment waiver granted.

980717:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

000308:	NAVDRUGLAB, San Diego, CA, reported applicant’s urine sample, received 000301, tested positive for THC.

000315:	NJP for violation of UCMJ, Article 112A:
Specification: Wrongfully use tetrahydrocannabinol, a controlled substance.
Awarded forfeiture of $502.00 per month for 2 months, restriction and extra duties for 45 days, reduction to Pvt.  Not appealed.

000315:	Counseled for deficiencies in performance and conduct.  [Applicant found guilty at BN NJP for violation of Article 112A illegal drug use.  Applicant counseled that IAW MCO P19000.16E, paragraph 6210, Line 5, Pattern of Misconduct, Drug Abuse, he shall be processed for administrative separation].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  Applicant will be referred to the BN CO for administrative separation.

000407:	Medical evaluation for drug abuse found the applicant to be alcohol dependent and a drug abuser.

000407:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

000410:	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.

000412:	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 positive results on a urinalysis screening conducted on 29 February 00 for tetrahydrocannabinol. 

000426:	Applicant refused rehabilitation treatment.

000428:	GCMCA [Commanding General, 1st Marine Division (Rein) Camp Pendleton] 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 000502 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).

Issue 1.  The Board disagrees with the applicant’s assertion that he was a good Marine.  He admitted to using drugs on several occasions.  His drug usage warranted separation under other than honorable conditions. The applicant’s discharge characterization accurately reflects his service to his country.  The discharge was proper and equitable.  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the applicant’s enlistment.  Additionally, 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 civilian life, subsequent to leaving the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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.  Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge.  Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct.  The applicant did not provide sufficient documentation to warrant an upgrade to his discharge.  He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  The applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Legal representation at a personal appearance hearing is highly recommended but not required.  Relief denied.

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.  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 “afls10.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