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

 ex-Pvt, USMC
Docket No. MD01-00985

Applicant’s Request

The application for discharge review, received 010725, requested that the characterization of service on the discharge be changed to honorable.  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 020215.  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.  To Whom ever is Reading this Application,
My name is (applicant), let me start by thanking you for at least taking the time to hear my side of the story.  You see I come from a line of men that started serving since WWI.  So I believe whole-heartedly in my country.  I more so believe are military am our backbone to surviving this long in a country that has slowly past away the Honor and loyalty our U.S. men have established.  I want lie, I got in with a crowd that was into drugs as a way of cooping with the daily routine.  Trust me I had plenty of issues when I entered the Marine Corps.  My Grandparents raised me.  My Grandfather was a Doctor in WWII, so I grew up in the country on a farm.  I was taught many things about the military.  But something I never could deal with was the thought of losing my Grandfather.  Well it was at/or around Halloween, I had stop in on leave and before I left my Grandfather broke his hip.  This was a very big deal I had to go back to N. Carolina but was planning on coming back very soon.  You see I still had 12 days of leave left. So as soon as I returned to base I explained to Gunny W_ what had happened and he told my to put in fore leave again.  So I did, will I requested mass, talked to the Chaplain many times and I never got leave.  So I heard if you smoked marijuana you would get out on a OTH that in 6 mths would tern Honorable.  Well, that’s a joke I find out later.  Since I got out I've been to drug Rehab and I'm Raising a family.  My wife works for the go.  And I have two daughters.  I 26 yrs old.  Please, I beg you to lift the same from my shoulder.  I served 2 years 2 months Proudly.  I love my country, I love my God, and I love my family.  Please don’t let my time go unnoticed.  I Love the Marine Corps, and I made some Big Mistakes withe using drugs.  But I want you to know Im sorry, My family has been very supportive since I left in 95, But I've carried a heavy chip because I dishonored My Country By using drugs.  Now, it’s been 6 yrs since I left out of the Military.  I'm different; I'm a daddy to two little girls, And A Husband to a woman who’s been my greatest support on this Matter. Please Believe I didn't want to get out the way I did, I was young confused boy who wanted to be home for a little while to support the two people who I know cared most about me. It wasn’t right, but that’s the Reason.  Now, at 26 yrs old I want to raise my girls up in the country with a farm, and more importantly teach them to keep faith in God, to be Proud of there family and to Honor there Country.  I sorry my Handwriting is messy but the words or true.  I respectfully ask that the Board review my case and letter with and open heart, and grant my request for an upgraded status of Honorable Discharge from the US. Marine Corps.  I thank you for your time; and Vie' attached several documents that I think will be helpful.

P.S.
Doc 1 Freeman Drug Rehab Certificate of completion, (I've been clean since my completion).
Doc 2 Adoption Paper.  (I was adopted by H_/K_ S_ a few yrs back)  Respectfully

Documentation

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

Copy of Certificate of Recognition dated February 18, 1999
Decree of Adoption of Adult dated April 4, 1997

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		930715 - 930816	COG

Period of Service Under Review:

Date of Enlistment:  930817		Date of Discharge:  951013

Length of Service (years, months, days):

	Active:    02  01  27
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  13			AFQT:  38

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.0 (7)			Conduct:  3.8 (7)

Military Decorations:  None

Unit/Campaign/Service Awards:  AFEM, NDSM

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:

930714:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

940114:	NJP for violation of UCMJ, Article 86:
Specification: Failed to go at the time prescribed to the AAV Ramp at 0730, 26Jan94.
Violation of UCMJ, Article 91:
Specification: Willfully disobeyed an order of SSgt, not to talk to Capt without requesting mast on 1300, 26Jan94.
Violation of UCMJ, Article 134:
Specification: Refused to train on 1300, 26Jan94.
Awarded forfeiture of $400.00 per month for 2 months, restriction and extra duties for 45 days.  Forfeiture suspended for 6 months.  Not appealed.

940128:	Counseled for deficiencies in performance and conduct.  [Major disciplinary infractions, specifically: A) demonstrated inability to conform with military regulations as documented by my resent NJP on 940128 which highlight your total regard for the UCMJ, B) my cavalier attitude about failing to live up to your responsibilities and a lack of integrity].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

940325:	NJP for violation of UCMJ, Article 134:
Specification: Wrongfully engaged in financial dealings by loaning money to four Private First Class and accepting pay back with high interest.
Awarded forfeiture of $250.00 per month for 2 months, restriction and extra duties for 30 days, reduction to Pvt.  Not appealed.

950614:	NJP for violation of UCMJ, Article 91:
Specification: Treat with deponent toward Sgt by stating in a disrespectful way that if everybody wasn't so worried about fucking everybody, there wouldn't be any problems.
Awarded forfeiture of $223.00 per month for 1 month, restriction and extra duties for 14 days.  Not appealed.

950615:	Counseled for deficiencies in performance and conduct.  [Past performance and record].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950626:	NAVDRUGLAB, Jacksonville, FL, reported applicant’s urine sample, received 950615, tested positive for THC.

950629:	NJP for violation of UCMJ, Article 112A:
Specification: Wrongfully use a controlled substance on 1300, 22Jun95, to wit: THC.
Awarded forfeiture of $395.00 per month for 2 months, restriction for 45 days, reduction to Pvt.  Not appealed.

950720:	Medical evaluation for drug abuse found the applicant to be a drug abuser, not drug dependent.  

950907:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

950907:	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.

950907:	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 nonjudicial punishment of 8 Jul 1995 for wrongful use of marijuana. 

950926:	SJA review determined the case sufficient in law and fact.

950926:	GCMCA [Commander, 2d Marine Division, MarForLant] 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 951013 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 applicant used illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions.  While he may feel that his family problems and youth were factors that contributed to his actions, 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.

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