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

ex-PVT, USMC
Docket No. MD01-00732

Applicant’s Request

The application for discharge review, received 010501, 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 011018.  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), authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.	I am writing this letter after 10 years of hiding this secret from family and friends.  I just recently became aware that I can apply for an upgrade.  This letter is not being written because I feel I was treated unfairly by the United States Marine Corps.  This letter is an attempt to try and make some peace with a stupid mistake I made as a immature, stupid 20 year old.  After separation from the Corps, I've tried to lead an exemplary and model lifestyle.  I've remained drug free and even worked with the youth on the danger and pitfalls of drug-use.  I'm even sort of a recruiter of the USMC at the high school I substitute teach at.  I've guided a many of the male students at Glen Oak High school into the Corps.  I've been on the same job for the last 10 years as a Correctional Officer.  I hold the rank of Lieutenant and I am presently up for promotion to the rank of Captain.  My success in big part can be attributed to the things I obtained in the Corps.  Everyone I come in contact with know I been in some form of service, I just keep the secret hidden.  My desire is to become a Reserve Police Officer with the East Baton Rouge Sheriff Dept, but this mistake I made in my youth haunts me.  Please, member of the board, its like I'm in jail serving time and don't know when I'll get out.  I believe I have so much potential but I can't really show it for fear of someone checking into this bad discharge.  I'm employed with the state of Louisiana.
I am married with 2 kids. Ages 13 + 17.  My wife of 9 years is a juvenile probation officer.  Proof and other documents can be provided.

Documentation

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

Copy of DD Form 214
Employment Reference Letters (3)
Character Reference Letter
Promotion Memorandum
Letter of Congratulation for promotion to Captain

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		870221 - 871004	COG

Period of Service Under Review:

Date of Enlistment:  871005		Date of Discharge:  900215

Length of Service (years, months, days):

	Active:  02  04  10
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  73

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.1 (8)		Conduct:  4.0(8)

Military Decorations:  None

Unit/Campaign/Service Awards:  MUC 

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:

870220:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

891019:	NJP for violation of UCMJ, Article 112a: Wrongfully use cocaine on or before 890919.
Awarded forfeiture of $150.00 per month for 2 months, restriction for 30 days, reduction to E-2.  Not appealed.

891127:	NJP for violation of UCMJ, Article 112a: Wrongfully use cocaine on or before 891026.
Awarded forfeiture of $150.00 per month for 2 months, restriction for 30 days, reduction to E-1.  Not appealed.

891220:	Substance Abuse Evaluation indicates applicant was interviewed for second positive urinalysis, was found to be not drug dependent, appears to be abusing the substance.

891229:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and drug abuse.

891229:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and drug abuse.  The factual basis for this recommendation is your 2 article 15 hearings, and your verification of drug abuse on 2 occasions.  

900111:	Applicant advised of his rights and having elected 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.

900205:	SJA review determined the case sufficient in law and fact.

900206:	GCMCA [Commanding General, 3d MAW] 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 900215 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 has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested in the issue.  The Board’s charter limits its review to a determination on the propriety and equity of the discharge.  In the applicant’s case the Board could discern no impropriety or inequity and therefore considered the applicant’s discharge was proper and equitable. The applicant used illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions.  Relief denied.

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 P1900.16D), 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 “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