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

 ex-PVT, USMC
Docket No. MD02-01003

Applicant’s Request

The application for discharge review, received 020708, 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 030515.  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.  I am 27 years old now and currently enrolled in school, where I'm finishing up (EMT).  I'm pursuing a career in the firefighting field.  I just completed firefighting academy and am now a certified firefighter and need EMT certification to become hirable.  I'm asking for an upgrade because I've always been proud about being a marine and I was a good marine under the command of LT C_ and SSGT P_-Fox Co, Camp Leijiune where I came from Recon, Oslo Bch, after passing the indoct. I chose to stay with infantry.  I was stationed at camp Wilson-Mohabbi Dessert not far from Camp Pendleton.  We were celebrating, well having a few beers at the beer tent getting ready to come home in the next day or so, when another marine offered a marijuana cigarette to me and a third person (marine).  I took a couple of drags and to make a long story short, myself and two other marines were caught and discharged a couple of weeks after the incident.  It was not what I had planned for myself and not how I wanted to spend the next 3 yrs of my contract, as a civilian not an active marine.  Well, I've learned to move on with my life and never make the same mistake twice.  That incident happened when I was 18 or 19 yrs old.  I don't want what happened as a teenager to effect the rest of my life.  Please consider my request.  I would like to continue my career, as a firefighter-EMT at the same time is proud that I served as an infantry marine with an honorable discharge.

Documentation

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

Copy of DD Form 214
Character Reference Letter from A_ L_, dated June 27, 2002
Certificate of Completion (Firefighting Minimum Standards Course) from Daytona Beach Community College dated April 24, 2002
Certificate of Completion (Medical First Responder Course) from Daytona Beach Community College
Certificate of Completion (IRHMI Concept Implementation) from Daytona Beach Community College dated April 9, 2002
Certificate of Completion (IRHMI Basic Concepts) from Daytona Beach Community College dated February 19, 2002

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		940422 - 941213	COG

Period of Service Under Review:

Date of Enlistment:  941214		Date of Discharge:  951010

Length of Service (years, months, days):

	Active:    00  09  27
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  35

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.6 (3)			Conduct:  3.5 (3)

Military Decorations:  None

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

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:

940420:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

940421:	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.

950907:	NAVDRUGLAB [JACKSONVILLE, FL] reported Applicant’s urine sample, received 950829, tested positive for THC.

950929:	Counseled concerning involvement with a controlled substance/drug.
 
950929:	NJP for violation of UCMJ, Article 112a: Did at CamLej, NC on or about 950825, test positive for a controlled substance, marijuana (THC), NavDrugLab, Jacksonville, FL msg R071722Z Sep 95 Batch # DK47, Spec 07, Lab# 470068. 
Awarded forfeiture of $395.00 pay per month for 2 months, restriction and extra duties for 45 days, reduction to E-1.  Not appealed.

951003:	Director, Consolidated Drug and Alcohol Center substance abuse evaluation indicates Applicant was evaluated as the result of a command referral: Diagnostic Impression: Drug abuse.

951003:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

951003:	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 and the right to submit a statement.

951003:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was based upon violation of Article 112a on or about 950825 for the wrongful use of a controlled substance, marijuana, (THC), Lab Batch #470068/Spec # 07 Message dated 071722Z Sep 95.

951005:	SJA review determined the case sufficient in law and fact.

951005:	GCMCA [Commanding General, 2d Marine, 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 951010 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).

Issue 1.  There is credible evidence in the record that the Applicant used illegal drugs.  Drug abuse warranted processing for separation, normally under other than honorable conditions.  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 inequity must have existed during the period of enlistment in question.  No such error or inequity 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, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that should be provided to receive consideration for relief, based on post-service conduct.  The Applicant’s evidence of post-service conduct was found not to mitigate the offense for which he was discharged.  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 18 Aug 95 to 30 Jan 97. 

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