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

ex-Pvt, USMC
Docket No. MD02-01083

Applicant’s Request

The application for discharge review, received 20020725, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20030812.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  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.  Do not think that an isolated incident of a 20 yr old warrants a discharge of other than honorable.  Have never been in trouble with the law and have always helped those in need even when it hurt me to do so.  Believe an example was made out of me, though much of it I caused on my myself.  I work for a drug free company that uses random testing – SACO  and I both agreed I had no drug problem.

To Whomever it may concern:

The reason I am requesting a review/ upgrade of my discharge has little to do with the actions of my peers, the integrity of the process by which I was separated, or the UCMJ.  I knowingly broke the rules that were there in black and white.

Prior to entering the Marine Corps and throughout my enlistment, I was aware of the zero tolerance policy.  Although I had seen and heard of many instances where separation and/or courts martial were not enforced, I knew what consequences could be if I broke a rule and got caught.  I offer no excuse for the actions that led to my discharge.  I made the decision to do wrong and was held accountable for my actions.

However, I believe I made the right decision to request separation before and after my trail.  I basically had to tell Lt. Col. G_ that I would never make any improvement in my life in order for him to recommend my discharge.  He really cared and I believe he wanted me to stay in.  He told me so and said that the Corps had spent a lot of money training me and I still had 3 years left on a 5 year contract, He also knew I had potential because I had developed a way to test 26pair cables on a MTDR and wrote a class on it.

My reasons for wanting separation were different then, but it was still the best thing for the Corps and me.  I was well liked by those who knew me personally, but I had brought attention on myself by having a sometimes-rebellious attitude when it came to issues I didn't agree with.  I made it easy for superiors to scrutinize me all throughout my career.  After failing a urine analysis I was put on the skyline and sometimes treated unfairly.  At times it was made very clear what some superiors thought of that and me my presence was despised and not wanted.  All of that was to be expected in such a situation, though it was hard to deal with.  I remember instances when I would be punished unfairly, for example, being 5 minutes late with a flat tire while the next two guys in my shop was an hour late with no excuse- I got punished, they didn't.  Regardless, if I had not made any mistakes, there would be nothing that could be done to me.  I was not strong enough to deal with the attitudes and actions of those towards me who did not know me.

I tried hard at times, but still did things "my way".  To sum it up, from the beginning of my enlistment till the time of my discharge, I had the wrong attitude and perception.  I was a good friend, and did my job well, but I was a bad Marine.  I may not have been in the best situations at times or been surrounded by good leaders who could inspire change sincerely, but regardless of circumstance or situation, I failed to take advantage of the other programs the Marine Corps and VA had for my use.  I did not spend my free time very constructively nor did I make any serious effort to improve myself

I never learned how to submit myself to authority when it came to things I disagreed with or little rules I knew I would not get in to major trouble for not following.  For example, I never tried to put on a good dog and pony for a wall locker inspection, did not iron cammies and shine boots every day and did not get haircuts every week.  I did not think these things mattered and by breaking what I considered "nit pick stuff” regularly I had already caused anomnosity between myself and my superiors.  When I finally broke a big rule and got caught, they were already fed up with me breaking little rules and came down hard on me.  Once again I had caused this on myself.  I was 19-20 years old and had a hard head.  I didn't fully see my problems, and if I had I was not ready to deal with them.  All I knew was I needed to get away so I could get my head strait.

Although I wanted out because I couldn't be a man and deal with the problems I had caused on myself, I still believe I made the right decision.  In order for me to take an honest and full inventory of myself and deal with my demons, I had to remove myself from the situation.  At the time it was the only way I could get my priorities straight and make positive changes.  If I had stayed in, I would have gotten myself into more trouble, making a bad name for myself, the Marine Corps, and being a bad example to others around me.

By removing myself from the situation, I was a less threat to myself as well as to the attitudes and perceptions of others around me.  I was able to face my faults, work through most of them, and grow as an individual.  I have never been in any trouble before or after my enlistment with anyone and any position of authority.  I work for a drug free company (although I never really cared for drugs) and believe that I am a good influence to society and a good asset to my company.  I feel that I am a good citizen who is trying to make a difference.  I can honestly say that at this time if I had found myself back in the Corps, I would not just endure, but excels.

I do believe to a certain extent we are "brainwashed" but it is necessary sometimes.  I prefer honesty and wish that I had known some of the things I know now, I probably would not have felt so isolated and trapped.  If you don't know where you are going you will probably end up somewhere else, right?  It is hard to say if I could have made the same changes had I stayed in.  Given the state of my mind and the people around me, probably not.  So, for where I failed, I’m trying to make up.  I wrote a paper to my company CO, Gunner D_ E_ (last I heard he was still a Captain but could be a Major now for all I know) going into detail the factors that contributed into making me a "shitbag" and what mistakes were made and what lessons were learned.  It is meant for other Marines who may be going through some of the same problems I went through.  I believe it is something that can be very useful for anyone in the Corps, whether it be someone in authority with a chance to be a leader or someone that is having problems and knees insight from someone who has been through it.  I have enclosed a copy of this paper with this letter.

I am asking for an honorable discharge because I believe I have made every right and honorable decision since making my mistake.  I believe I did the right thing in requesting separation and I believe I have become a good asset to the Marine Corps and society.  I believe that a mistake made at such a young age, a mistake that would not be persecuted in the civilian world (failing a urine analysis a 1st time), should not affect that person for the rest of his life.  I believe that the discharge received is inequitable and harsh.  I believe in the American Dream and God.  I believe that I have done everything possible and have now tried my best.  I believe you will do the same. 

Thank You for Your Time and Consideration
(Signed P_ J_ G_ (Applicant))

Documentation

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

Confessions of a Shitbag by P_ J. G_ (Applicant) (9 pages)
Copy of DD Form 214 (Copy 4 and Copy 1)

PART II - SUMMARY OF SERVICE

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

	Inactive: USMCR(J)		981219 - 990118	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  990119		Date of Discharge:  010224

Length of Service (years, months, days):

	Active:    02  01  06 (Doesn’t exclude confinement time.)
	Inactive:  None

Age at Entry:  18			Years Contracted:  5

Education Level:  12			AFQT:  90

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.2 (5)			Conduct:  4.2 (5)

Military Decorations:  None

Unit/Campaign/Service Awards:  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:

981219:	Pre-Service drug usage waiver granted for enlistment.

981219:	Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.

000418:	Counseled for deficiencies in performance and conduct  [unauthorized absence, specifically, on 000329, Applicant was UA from H&S Company physical training session].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000725:	NAVDRUGLAB Jacksonville, FL, reported Applicant’s urine sample, received 000717, tested positive for THC.

000920:	U.S. Marine Corps Criminal Investigation Report contained in service record book.

001107:	SACO/DACO eval/comment:  Diagnosis was alcohol dependence (DSM IV 303.90), but did not meet requirements for cannabis or other illegal substance abuse or dependence (DSM IV.V71.09).  Member assigned to Intensive Outpatient (IOP) treatment beginning on 20 Nov2000.  Length of treatment will vary according to individual’s specific needs.

001116:	Summary Court-Martial.
	Charge I:  violation of the UCMJ, Article 112a (2 Specs).
	Specification 1:  On diverse occasions between 30 Jun and 6 Jul 00 member did wrongfully use marijuana.
	Specification 2:  Did at or near Atlantic Beach, NC on or about 8 Jul 00 wrongfully use marijuana.
	Finding:  to Charge I and the specifications 1 and 2 thereunder, guilty.
	Sentence:  CHL for 30 days, forfeiture of $620.00 pay per month for 1 month (suspended for 6 months), reduced to E-1.
CA action 001116:  Sentence approved and ordered executed.

Undated:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by Naval Drug Laboratory Message 251502Z of July 2000 and Criminal Investigation Division Report of 21 September 2000.

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

001221:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was due to positive urinalysis from Naval Drug Screening Lab in Jacksonville.  Commanding Officer’s comments (verbatim):  “Although PVT G_’s (Applicant) performance within his MOS has been satisfactory, he has stated that he no longer desires to be a Marine.  He has no dedication to the core values of the Marine Corps and no desire to improve upon his shortcomings.  Based upon personal interviews with PVT G_ (Applicant) by the Sergeant Major and myself on 21 Dec 2000, it is our recommendation that PVT G_ (Applicant) be expeditiously separated from the Marine Corps under Other Than Honorable (OTH) characterization of service.”

010220:	SJA review determined the case sufficient in law and fact.

010220:	GCMCA [CG, 2d MAW, Cherry Point, NC] 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 20010224 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 have been 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 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