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

 ex-Pvt, USMC
Docket No. MD02-00155

Applicant’s Request

The application for discharge review, received 011126, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The Applicant requested a personal appearance hearing in the Washington National Capital Region.  The Applicant did not list any representative on the DD Form 293.

Decision

A personal appearance discharge review hearing was conducted in Washington, D.C. on 021106.  After a thorough review of the testimony, records, supporting documents, facts and circumstances unique to this case, NDRB discerned no impropriety but did discern an inequity in the characterization of the Applicant’s service.  The Board’s vote was four to one that the character of the discharge shall change.  The discharge shall change to:  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 documents listed in section 7 of the document support issues, which were recognized by the Naval Discharge Review Board (NDRB) during my initial documents review, on September 5, 1995, as well as issues that provide a basis for upgrading my current class of discharge. Since May 1995, I have been employed with Cessna Aircraft Company.  I am an Air Safety Investigator for the company.  My job function is two-fold: 1) to assist the National Transportation Safety Board (NTSB) and Federal Aviation Administration (FAA) in order to provide them with aircraft technical support and data, which assists them in their determination of probable cause for aircraft accidents, 2) to bring technical data to Cessna Aircraft Company's engineering department to enhance if need be, the safety of our product.  My current status working in the civilian industry as a safety professional is building my skills and knowledge to provide me with an opportunity to become a member of the National Transportation Safety Board (NTSB). I have proven to be an asset, not only to my company, but also to the continuing safety within our aviation industry.  Being bilingual also allows me to coordinate and provide technical support to the government agencies in Latin America.
I have earned a Master of Science degree in Aviation Safety from Central Missouri State University (CMSU) and have completed the Mini MBA Program offered through Wichita State University (WSU).  I plan on returning to school in the fall of 2002, to begin the Executive MBA Program, which will enhance my management and business skills that will be implemented in our aviation industry. I continue to give aviation safety presentations and am a mentor to college students at my "Alma Matar" CMSU.
As a contributing member of society, I am involved in The Boy Scouts of America, in Pack 714 of the Quivera Council in Wichita, Kansas.  In keeping with Wichita Kansas' vision to be a model community, I volunteer my time with the "March of Dimes - Walk America Organization" and the "Kansas Special Olympics." I am also involved in the Wichita sponsored program, "Youth Entrepreneurs of Kansas" (YEK), which teach youths business skills that help them be self sufficient and productive members of society. Married now more than 10 years and with two children, (10 year old son and 5 year old daughter), my wife and I have college educations and sound employment.  We have settled in the mid west making Wichita, Kansas, our home. My initial review by the NDRB was on September 5, 1995, which was based upon a review of my records and documentary evidence.  The NDRB determined the discharge was appropriately issued, and relief was not warranted.  I believe the enclosed documents and issues addressed comply with the issues addressed by the NDRB.  The initial review by the NDRB concluded that my field, medical and dental records were not available for review.  I have requested these records and have only been provided with the records enclosed.  I have also requested a copy of all my records to be sent to the NDRB. It has been 11 years since my discharge from the United States Marine Corp. I feel confident that I have accomplished and will continue to accomplish post service contributions and personal achievements, which provide an adequate portrayal of a fully recovered alcoholic and drug abuser.  I have made amends for my misconduct.

Documentation

In addition to the service record and previous case, the following additional documentation, submitted by the Applicant, was considered:

Copy of driver's license
Copy of social security card
Copy of Cessna identification cards
Copy of Professional Aviation Maintenance Association cards
Certificate of membership of the International Society of Air Safety Investigators dated September 11, 2000
Copy of Mechanic card
Copy of Private Pilot card
Copy of physiological training dated August 8, 1995
Copy of general radiotelephone operator license
Copy of Flight Safety Maintenance training certificates dated February 28, 1997, January 23, 1998, March 23, 1999, and September 29, 2000
Copy of passport
Current Employment records (12 pages)
Educational certificates/Technical certificates (12 pages)
Character reference dated September 10, 2001
Character reference dated February 21, 2001
Character reference dated March 22, 2000
Character reference dated November 19, 1998
National Transportation Safety Board information (2 pages)
Fifty-six pages from Applicant's service record
Fourteen pages from Applicant's medical record
Copy of DD Form 214 (Member 1 and 4, current and past)

PART II - SUMMARY OF SERVICE

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

	Active:   USMCR		860623 - 861121	RELAD
	Inactive: USMCR(J)		851004 - 860622	COG

Period of Service Under Review:

Date of Enlistment:  871001		Date of Discharge:  900511

Length of Service (years, months, days):

	Active:    02  07  11
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  64

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (6)			Conduct:  4.0 (6)

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR

Days of Unauthorized Absence:  13

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:

871001:	Applicant reenlisted for 4 years.

871201:	NJP for violation of UCMJ, Article 112a:
Specification: Wrongfully used THC on 11Mar87.
Awarded restriction for 30 days, reduction to PFC.  Restriction suspended for 6 months.  Not appealed.

880729:	NJP for violation of UCMJ, Article 92 (2 specs):
Specification 1: No ID card.
Specification 2: Improper liberty attire.
Violation of UCMJ, Article 128:
Specification: Assault.
Violation of UCMJ, Article 134:
Specification: Drunk and disorderly.
Awarded forfeiture of $175.00 per month for 1 month, restriction and extra duties for 14 days.  Not appealed.

880809:	Counseled for deficiencies in performance and conduct.  [Frequent involvement with military authorities due to numerous alcohol related incidents.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

890223:	Applicant admitted to the Alcohol Rehabilitation Department.  Self referral.

890307:	Discharge summary: Diagnosis: alcoholism, methamphetamine, THC abuse.  Placed on an aftercare plan consisting of daily AA and NA meetings for 90 days, then AA two times a week, NA 3 times a week, antabuse, CREDO workshop, various meetings to sustain abstinence from drugs and alcohol for 1 year.

890828:	NJP for violation of UCMJ, Article 86:
Specification: Absence from appointed place of duty on 0500, 10Aug89 until 0830, 23Aug89 (13 days).
Awarded forfeiture of $400.00 per month for 1 month, restriction and extra duties for 30 days, reduction to PFC.  Restriction and extra duty suspended for 6 months.  Not appealed.

900131:	NJP for violation of UCMJ, Article 86 (3 specs):
Specification 1: Absence from appointed place of duty on 0800 - 1300, 9Jan90. 
Specification 2: Absence from appointed place of duty on 0800 - 1300, 10Jan90.
Specification 3: Absence from appointed place of duty on 0930 - 1300, 11Jan90.
Awarded forfeiture of $189.00 per month for 1 month, restriction and extra duties for 14 days.  Not appealed.

900222:	NJP for violation of UCMJ, Article 112a:
Specification: Wrongfully use a Schedule I controlled substance, to wit: amphetamines/methamphetamine as detected by NAVDRUGLAB, Oakland, CA on 9Jan90.
Awarded forfeiture of $300.00 per month for 2 months, restriction and extra duties for 45 days, reduction to Pvt.  Not appealed.

900330:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct and drug abuse.

900404:	Applicant advised of rights and having consulted 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.

900405:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was Applicant’s failure to conform to the standards of the Marine Corps.  Due to Applicant’s continued misconduct and illegal use of drugs, I have determined that there is no potential for further service and, accordingly, retention is not warranted. 

900416:	SJA review determined the case sufficient in law and fact.

900424:	GCMCA [Commanding General, 7th Marine Expeditionary Brigade, FMF] directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

960220:	NDRB documentary record review Docket Number MD95-01613 conducted.  Determination:  discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 900511 under other than honorable conditions for misconduct due to drug abuse (A).  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 was proper but not equitable (C and D).

Issue 1.  The Board found that the Applicant’s post-service conduct was sufficiently creditable to mitigate his misconduct while on active duty and warrant an upgrade of his characterization of service to under honorable conditions (general).  The Applicant’s education, volunteer service, career progression, and strong references demonstrated that the Applicant possessed character and drive that was not evident during his tour of active duty.  Relief granted.

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 “afls14.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