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

 ex-PVT, USMC
Docket No. MD02-00785

Applicant’s Request

The application for discharge review, received 020509, 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 030206.  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, as submitted

1.  My undesirable discharge was unfair because I loved being a marine.  I'm still one because "Once A Marine, Always A Marine" but I would like to get a 2nd chance to serve my country.

2.  My undesirable discharge if it gets upgraded I will become a member of National Guard Reserve. (because I like military discipline) I want to serve my country & Law Enforcement.

3.  Just because I committed a mistake does'nt mean I'm a not good citizen. Please reconsider in upgrading my discharge.  I have no criminal history, no traffic tickets, I don't drink, I don't do drugs.  I want to become a police officer.

4.  If you reconsider in upgrading my discharge. I won't be a mistake because I want to serve & protect people.  I work in the security Industry but I want to be in Law Enforcement & in the Reserves.

5.  To Discharge Review Board.
 I K_ M_ S.S. XXX-XX-XXX, would like the opportunity for a second chance due to the fact that the indicated incident of which I lost my case in my Summary Court-Martial, is that they didn't believe why I should have stayed in the Corps.  Before I went to my Court-Martial, I was advised by the Military Lawyer (JAG) to plead guilty, due to the fact that I was going to lose my case, and I would get a other than honorable discharge, instead of a bad conduct discharge if I would have wanted to fight it on a special court martial. So I say or better I'm begging you to please help me and give me a second chance to serve my country especially with all that’s happening in the world since Sept 11, 01.  I am a infantryman and & very good marksman.  Please reconsider in upgrading my discharge.  I promise that it's not going to be a mistake.  Thanks.

P.S.  I also want to serve my community by being a Police Officer, please take this matter in consideration.

Incident Report:  It all one time around April 2000, that myself & 5 marine buddies we went to a party at the sorototy in University of San Diego, it turned out that I ask a guy for an cigarette because I was out & it started to smell & burned weird.  So I threw it away & then confronted the guy and almost ended the party because he had packed his cigarettes or some of his cigarettes with marijuana, then I threw up, because of the mix with beer & then we went back on base.  A couple of days later the hole company had a urine sample test & I failed.  I tried to explain the SACO Officer, & told him my story, he told me that I had to be careful & never ask for cigarettes to people I didn't knew, then I was called by the company 1st Sargeant, and he told me that I was going to be Court Martialed & that I was going to get a other than honorable discharge, I explained to him what happened & he said not to fight my case because I was going to lose, then the JAG also advised me not to do so & I went with that.  But ever since I left the military I can't stop wanting to join back in.  This time in the reserves because I would like to serve my country again.  Please help me, to be useful to my country in the military.  Thank you.

Documentation

In addition to the service record (NO DISCHARGE PACKAGE AVAILABLE), the following additional documentation, submitted by the Applicant, was considered:

Copies of Letter of Recommendation from G_ C_, Chaplain (Capt), U.S. Army (2)
Letter of Recommendation from Officer B_ G., UHPD
Employment Reference Letter from T_ Y_, Security Recruiter
Copies of DD Form 214 (2)
Copy of Certificate of Completion (Drivers Improvement School)
Copy of Certificate of Completion (Machinegunner MOS 0331)
Copy of Security Class Schedule
Letter from Applicant
Copies of Academic Commendation Certificate University of Houston-Downtown Criminal Justice Training Center (2)
Copy of Certificate of Completion (Level I Ambassador Course) Terrace Security Company
Copy of Certificate of Completion (Level II Training Course) Security Academy of Texas
Copy of Certificate of Completion (Level I Training Course) Security Academy of Texas

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		 990512 - 990819	COG

Period of Service Under Review:

Date of Enlistment:  990820		Date of Discharge:  000828

Length of Service (years, months, days):

	Active:    01  00  09
	Inactive:  None

Age at Entry:  21			Years Contracted:  4 

Education Level:  12			AFQT:  31

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.7 (4)			Conduct:  3.6 (4)

Military Decorations:  None

Unit/Campaign/Service Awards:  Marksman Rifle Badge, GCM

Days of Unauthorized Absence:  76

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:

000302:	Counseled for deficiencies in performance and conduct.  [Unauthorized absence.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000302:	NJP for violation of UCMJ, Article 86: Did on or about 1630, 000222, without authority, absent himself from his place of duty at which he was required to be, to wit: Wpns Co, 2d Bn, 4th Mar, located at CamPen, CA, until his return on or about 2030, 000224.
Awarded forfeiture of $263.00 pay per month for 1 month, restriction and extra duties for 14 days.  Not appealed.

000323:	Applicant refused Medical Officer's Evaluation for substance abuse.

000501:	Summary Court-Martial.
	Charge I:  violation of the UCMJ, Article 112a.
	Specification: Use of an illegal drug, marijuana. 
	Finding:  to Charge I and the specification thereunder, guilty.
	Sentence:  Confinement for 30 days, forfeiture of $670.00 pay per month for 1 month, reduced to E-1.
	CA action 000501:  Sentence approved and ordered executed.

000517:	Counseled for deficiencies in performance and conduct.  [Misconduct due to illegal drug use.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000615:	GCMCA [Commanding General, 1st Marine Division] 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 000828 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 and equitable (C and D).

Issues 1 and 5.  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.

Issues 2 and 4.  The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested in the issue.  The Board’s charter limits its review to a determination on the propriety and equity of the discharge.  In the Applicant’s case the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge was proper and equitable.  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.

Issue 3.  The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident 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.  Relief not warranted.

The Applicant 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.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210, MISCONDUCT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 31 Jan 97 until Present. 

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