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

 ex-PFC, USMC
Docket No. MD01-01101

Applicant’s Request

The application for discharge review, received 010814, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance hearing discharge review before a traveling panel closest to Philadelphia, PA.  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) does not travel, all hearing are held in the Washington, DC Area.  The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020320.  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.  After further review and based on my acceptance.  My objective is to over turn my discharge and re-enter the Marine Corps as a reservist.  In item 8 of DD Form 293, I am asked to state the issue at hand as to why I believe my discharge should be changed and to prove to the review board that this is a deserving action.  I think most importantly it has taken some time to prove to myself I am deserving of this.  As a Lance Corporal of 3RD Battalion, 2nd Marine Division.  India Co., we were set to leave for my first WestPac in Okinawa when this incident occurred.  We were granted 2 weeks leave before our departure where I had elected to go home for the duration.  During this period I had been at a local bar where I had run into some old friends of mine.  After a few hours and a few drinks, I made the grave mistake of ingesting two lines of cocaine.  Neither alcohol or peer pressure played any part in anyway, shape or form in the stupidity of my actions.  Drugs and alcohol never played a big role in my life, but I always have and always will take responsibility for my actions.  I never make excuses.  The second after what I had done, I knew that I had just committed suicide to what I had hoped would be a career in the Marine Corps.  Disappointment could not even come close to describing how I felt in the days to come and that I still feel. However, I would like to quote an example I had read in the instructions portion of DD Form 293.  this was one isolated incident in the close to two year I had served without having anything else on my service record.  I realize that if you were to review my service record book, my test scores don't exactly jump out at you for being high.  That is something that has plagued me since elementary school.  I was a good student but when it came time for a written exam, I faltered.  I lacked the patience it took to successfully complete the written tests.  Outside of that I was very good student.  Same goes for being in the military.  My true talent, my skills, and my motivation came to flourish in the training fields as a gunner or an A-gunner for the S.M.A.W. or the 60 mm mortar.  I served time as an 0351 an 0341.  The fact that when I was in School of Infantry.  I had fractured my left 2nd and 3rd Metatarsal miles into a 10-mile hump and still finished with full gear and weaponry on.  Even in the rear I always had a freshly pressed pair of cammies and mirror-like boots.  In the barracks my wall locker and gear were always squared away.  Unfortunately, these type of thing's more often than not go undocumented.  Pros & Cons are only half of the story.  The reason for me waiting to take the extra step and rejoining the Marine Corps is a very simple one, direction. I, along with a big percentage of the men and women who first joined the armed forces do it for 2 main reasons: 1 is for the challenge and 2 is to get what they can out of a particular branch, or should I say, reaping the benefits, whether it's a technical skill or money from the G.I. Bill to go to college later on.  That is all fine, but instead of trying to get as much as I can out have the Marine Corps.  This time around I want to put as much into the Marine Corps as I can.  The majority of the Armed Service Commercials I have seen have the same punch line, the same message: Join our branch and you will receive a signing bonus and/or a huge sum of money towards their college fund with the G.I. Bill.  They offer trips around the world and a great technical skill to help them in the future.  Although the Marine Corps also offers these thing's as well.  The Marine Corps also offers pride, honor, and uncommon valor, 3 things that I don't believe any other branch can instill.  I am completely unaware of what branches of service make up this review board, I don't mean to seem impartial, it's just my pride shining thru.  I hope after the board has reviewed my case and this short essay, if they get anything out of this at all, it will be that my desire to rejoin the Marine Corps exceeds any damage that I had contributed to during my discharge. 

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		950128 - 950205	COG

Period of Service Under Review:

Date of Enlistment:  950206		Date of Discharge:  960821

Length of Service (years, months, days):

	Active:    01  06  16
	Inactive:  None

Age at Entry:  22			Years Contracted:  4 

Education Level:  12			AFQT:  40

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.0 (4)			Conduct:  3.8 (4)

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Sharpshooter Badge, NDSM, JMUA, HSM

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:

950128:	Initial enlistment contract documents admission of pre-service marijuana experimentation.  Enlistment waiver granted. Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

960619:	NAVDRUGLAB JACKSONVILLE FL, reported applicant’s urine sample, received 960603, tested positive for cocaine.

960625:	NJP for violation of UCMJ, Article 112a: In that SNM, wrongfully used Cocaine as evidenced in NavDrugLab message dtd 190900Z Jun 96.
Awarded forfeiture of $450.00 per month for 2 months, restriction and extra duties for 45 days, reduction to E-2.  Not appealed.

960701:	Counseled concerning my illegal drug involvement.  Usage of Cocaine identified through urinalysis testing on NavDrugLab message 190900Z.

960702:	Substance Abuse Evaluation revealed no substantial information which supports a pattern of alcohol abuse or dependence.  Recommended Administration Separation per MCO 1900.16E for cocaine abuse.

960702:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

960702:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

960703:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was use of cocaine.

960717:	GCMCA [Commander, 3RD Marine Division] approved 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 960821 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 implies that a permissive doctrine exists whereby one in the military is allowed a “single misdeed”.  The Board believes that the applicant is confusing this with the civilian world wherein some offenses are treated with leniency because they are a first time incident on an otherwise clear record.  No such leniency exists in the military.  The applicant used illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions.  The discharge was proper and equitable.  Relief denied.

Concerning a change in Reenlistment (RE) code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  Relief is therefore denied.

The applicant’s discharge characterization accurately reflects his service to his country.  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