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

 ex-PVT, USMC
Docket No. MD01-00925

Applicant’s Request

The application for discharge review, received 010711, requested that the characterization of service on the discharge be changed to honorable.  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.  Subsequent to the application for review the applicant elected Disabled American Veterans as his representative.

Decision

A personal appearance discharge review hearing was conducted in Washington, D.C. on 020725.  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 HONORABLE CONDITIONS (GENERAL)/Misconduct-Drug abuse (administrative discharge board required but waived), authority: MARCORSEPMAN, PAR. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  The applicant requested the Board consider his post-service actions as the basis for his hearing review.

Documentation

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

Copy of Previous DD Form 214 (Honorable)
Letter of Recommendation from J_ L_
Letter of Recommendation from S_ W_
Letter from applicant to D_ K_
Letter of Recommendation from D_ A_ G_
Letter of Recommendation from R_ P_ N_
Letter of Recommendation from F_ L_
Employment Reference Letter from G_ P_
Employment Reference Letter from S_ A_
Certificate of Appreciation

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		821022 - 821116	HON
	Inactive: USMCR(J)		821020 - 821021	COG

Period of Service Under Review:

Date of Enlistment:  880830		Date of Discharge:  900202

Length of Service (years, months, days):

	Active:  00  05  16
	SMCR:  00  10  18

Age at Entry:  26			Years Contracted:  8

Education Level:  12			AFQT:  65

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.2 (6)			Conduct:  4.1 (6)

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 HONORABLE CONDITIONS GENERAL/Misconduct-Drug abuse (administrative discharge board required but waived), authority:  MARCORSEPMAN Par. 6210.5. As upgraded by the Naval Discharge Review Board (NDRB) on 000222.

Chronological Listing of Significant Service Events:

880426:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

890216:	NJP for violation of UCMJ, Article 112a: Wrongful use of cocaine between 881227 and 890104 at MCB, CamPen.
Awarded forfeiture of $150.00 pay per month for 1 month, reduction to E-1.  Not appealed.

891105:	NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance, cocaine.
Awarded forfeiture of $41.00 pay per month for 2 months, reduction to E-1.  Not appealed.

891113:	NAVDRUGLAB San Diego, CA reported applicant’s urine sample, received 891106, tested positive for cocaine.

891114:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by 2 NJP's for wrongful use of an illegal drug (cocaine).

891116:	Counseled concerning illegal drug involvement, specifically, recent and frequent usage of Cocaine identified on NAVDRUGLAB San Diego msg 132047Z NOV 89.  Necessary corrective actions explained.  Sources of assistance identified.  Disciplinary and administrative discharge warnings issued.

891203:	Applicant advised of 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.

891203:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was repeated incidents of drug abuse i.e., the wrongful use of a controlled substance (cocaine) on two separate occasions within a year. 

900124:	SJA review determined the case sufficient in law and fact.

900125:	GCMCA [CG, 4TH MARDIV] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

000222:	NDRB documentary record review Docket Number MD99-00843 conducted.  Determination:  The discharge upgraded to UNDER HONORABLE CONDITIONS (GENERAL).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900202 under other than honorable conditions for misconduct due to drug abuse (A), the applicant’s discharge was upgraded to under honorable conditions (general)/misconduct-drug abuse by the Naval Discharge Review Board (NDRB) on 000222.  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 upgrade to under honorable conditions (general) was proper and equitable (C and D).

Issue 1.  When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable.  A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member’s conduct or performance outweigh the positive aspects of the member’s military record.  A discharge characterization of under other than honorable conditions is warranted when the member’s conduct constitutes a significant departure of that expected of a Marine.  The applicant’s service was marred by the award of non-judicial punishment (NJP) on two occasions for violation of the UCMJ, article 112a: wrongful use of a controlled substance (cocaine).  The wrongful use of cocaine on two separate occasions within one year reflects the applicant’s willful disobedience of the orders and directives that regulate good order and discipline in the naval service, and falls far short of the conduct required for an honorable characterization of service.

It must be noted that most Marines serve honorably and well and therefore earn honorable discharges.  In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due.  Since applicant demonstrated a worthy record of post service accomplishments, he received partial relief from the NDRB in an upgrade to his discharge characterization to under honorable conditions (general) on 000222.  The Board found, however, that the applicant’s post-service activities do not mitigate his service record sufficiently to warrant further upgrade.  It was the unanimous determination of the Board that an upgrade to honorable would be inappropriate.  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 “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