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

 ex-PFC, USMC
Docket No. MD01-01156

Applicant’s Request

The application for discharge review, received 010905, 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 020417.  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   
Issue 1. 
 I am writing this letter as an appeal for the upgrade of my Other than Honorable Discharge to an Honorable Discharge.  I served for four years in the U. S. Marine Corps.  The dates I served were from 920421 to 960416. 1 was discharged from the Marine Corps under Other than Honorable conditions due to the fact that I received a positive result on a urinalysis.  I was given Non-Judicial Punishment for my infraction.  I was reduced in rank from E-3 to E-2, forfeiture of pay for two months, restriction to quarters for 30 days, and extra duties. As a result of my positive test on my urinalysis, I was sent to the Substance Abuse Office in my unit.  I was classified as a Level-3 alcoholic, due to the excessive intake of alcohol I was involved in.  I was sent to Great Lakes, IL Naval Hospital for treatment.  After my release, I was given a satisfactory evaluation.  Although I continued to consume alcohol on a daily basis, I no longer touched drugs. I do not use the alcohol as an excuse for my mistake.  I was younger and my judgment was not mature.  I deeply regret my mistake while I was in the Marine Corps.  I am now 29yrs. old and it has been 5yrs since my discharge.  I am married with two children also and as a husband and father, I feel that I have matured a lot since then. On Dec. 5, 1999, 1 gave my life to Jesus Christ, that experience gave me a new outlook on life.  I am now sober going on two years.  In conclusion, I feel that my discharge should be upgraded to Honorable so I can pursue better opportunities for my family and myself.  As for employment my current employer conducts urinalysis. I have enclosed with this letter documents and character references, which I feel are beneficial towards my appeal for an upgrade on my discharge.  I thank you for your time and if you need more details please feel free to reach me at my home at the telephone number above.

Thank You,
(Applicant)

Documentation

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

Copy of DD Form 214
Letter from Applicant
Character Reference Letter from M____ V. B____ Sr
Character Reference Letter from Senior Pastor B____ C____
Character Reference Letter from J____ B. D____
Copy of Navy Certificate of Commendation Letter
Copies of Certificate of Commendation Letters (3)
Copy of Certificate of Commendation (Superior Performance)
Copy of Letter of Appreciation
Copy of Certificate of Appreciation
Copy of Certificate of Good Conduct
Copy of Meritorious Mast Certificate
Letter from North Carolina Department of Administration   

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		910605 - 920420	COG

Period of Service Under Review:

Date of Enlistment:  920421		Date of Discharge:  960416

Length of Service (years, months, days):

	Active:    03  11  26
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  57

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.4 (14)			Conduct:  4.4 (14)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, GCM, LOA (2), COC

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:

910604:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

950927:	NAVDRUGLAB [JACKSONVILLE, FL], reported applicant’s urine sample, received 950911, tested positive for [THC].

951003:	NJP for violation of UCMJ, Article 112a: Between the months of August and September of 1995, did knowingly and wrongfully use marijuana.
Awarded forfeiture of $478.00.00 pay per month for 2 months, restriction and extra duties for 45 days, reduction to E-2.  Not appealed.

951005:	Medically diagnosed as alcohol dependent.

951017:	Counseled regarding deficiencies, specifically, the illegal use of marijuana identified through urinalysis testing at NDSL JAX, batch #0677.  Drug identified: TCH.  Advised that processing for administrative separation for misconduct is mandatory per MCO P1900.16.  Advised the within 5 working days after acknowledgement of this entry a written rebuttal will be filed on the document side of the service record.  Applicant chose not to make a statement.  

951213:	Applicant completed Level III Treatment and assigned to Level III Aftercare Counseling.

960322:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

xxxxxx:	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.

960325:	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 in-service substance abuse namely, THC, as evidenced by NAVDRUGLAB, JAXFL, MSG R 271000Z SEP 95 and page 12 of your service record.

960411:	SJA review determined the case sufficient in law and fact.

960411:	GCMCA [Commanding General, 2d Marine Aircraft Wing] 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 960416 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 found that the applicant’s age, education level, and test scores qualified him for enlistment.  While he may feel that his immaturity and youth was a factor 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 applicant used illegal drugs. Drug abuse warranted processing for separation, normally under other than honorable conditions.  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