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

 
 ex-Pvt, USMC 
Docket No. MD03-00499

Applicant’s Request

The application for discharge review was received on 20030203.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions.  The Applicant requests 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 20031229.  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 stated

Applicant’s issues, as stated on the application:

1.  “*Active in community affairs sees attachments*

*Active in my children’s life’s and there schooling*
*See attachments*

*Out standing work ethic*
*See attachments*

*My life has changed sense discharge*
*From Marine Corps, see attachments.*

To whom it may concern:

I am writing this letter in regards to my discharge from the United States Marine Corps. I was discharged from service on March 1st 2000 after completion of my basic training and S.O.I because of a failed drug test. I was a very confused young man at the time and chose to ruin my career in the military for marijuana. I since have learned that it was one of the biggest mistakes of my life. I joined the Marines because I wanted to do the right thing for my family and myself. When I enlisted I had two daughters; A_ 4, R_ 2 and we were expecting our 3rd child. It was a hard decision for me to leave my family but after training began I realized that I made the right choice for my family and our futures. I adapted very quickly and went on to train very well if I might say so my self.  My final P.T. score was a 298. I graduated form Paris Island on my 20 birthday, December 3,1999 and went home on leave until January 2,2000.

While at home for that month I got married and we had our son N_ Jr. I also made the mistake of smoking marijuana on several occasions, which clouded my thoughts about why I went in the military in the first place. I started to doubt my decision and started looking for a way out. I continued to smoke more thinking it was my ticket home.

I reported to Camp Giger in North Carolina on January 3 2000. Upon arrival, I was given a drug test. I began my training and realized that I wanted to be in the Marine Corps and that I had made a mistake and regretted using drugs on my leave from the military. I prayed that my test would come back negative. I completed my training and was informed that I failed the drug test and was sent to a separation platoon. While there I was given 2 more drug tests both of which I passed. I met with several of my commanding officer and was informed that the Marine Corps had no room for someone that does drugs. I was sent home on March 1, 2000.

I was happy to be going home to see my wife and kids but deep in my soul I knew that I made the biggest mistake of my life and I would not get over it very easily. Being a Marine isn’t something you do, it’s who you are. In my heart I felt like I deserved the title of Marine but I let them down, I let my family down and I let myself down. So I did more drugs to try and forget how much I messed up. While in my addiction with drugs, I managed to keep the same job and be a somewhat decent father and husband but I was miserable. I had a void in my life and for the longest time I wouldn’t even admit that it was the military that I longed for. I finally sought help for my drug problem and entered a drug rehab program on April 19, 2002.  I successfully completed a 21-day program. It was one of the best things I could have done because it gave me back myself. I realized that I am only human and I have made mistakes but I can go on and be the best person I can be from here on out.

I am trying to live life to the fullest. I participate in my children's lives so much more. I enjoy volunteering at both of my older daughter’s schools. A_, age 7, and I bowl every Saturday in a league. I also am a DCNR volunteer at Canoe Creek State Park. I have been awarded at work for outstanding accuracy 3 separate times. I have truly changed my life for the better and feel that I have made amends to my family and myself for the mistakes I have made. Now I would like to prove myself to the Marine Corps. Please except my deepest apologies for what I have done and give me one more chance to be in the Marines.

Thank you for your attention in this matter.

Sincerely

N_ D_ P_ (Applicant)”

Documentation

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

Applicant’s DD Form 214
Letter from Cove Forge Behavioral Health System, dated May 7, 2002
Letter of recommendation, undated
Character reference, dated January 12, 2003
Job/character reference, undated
Job/character reference, dated January 15, 2002
Job/character reference, dated January 13, 2001

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		990813 - 990906	COG

Period of Service Under Review:

Date of Enlistment:  990907		Date of Discharge:  000324

Length of Service (years, months, days):

	Active:    00  06  18
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  36

Highest Rank:  Pvt

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.7 (2)			Conduct:  3.7 (2)

Military Decorations:  None

Unit/Campaign/Service Awards:  None

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:

980812:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

000113:	NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 000106, tested positive for THC.

000125:	Counseled for deficiencies in performance and conduct.  [Illegal usage of a controlled substance marijuana as verified by the NAVDRUGLAB  message R132359Z Jan 00.]  Necessary corrective actions explained, sources of assistance provided.

000127:	NJP for violation of UCMJ, Article 112A:
Specification: Wrongfully used marijuana between 991216 and 991230.
Awarded forfeiture of $502.00 per month for 2 months, restriction for 60 days.  Not appealed.

000131:	Medical evaluation for drug abuse found the Applicant to be a drug abuser (isolated incident), not drug dependent.  

000224:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

000224:	Applicant advised of 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 to submit a written statement.

000228:	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 use of marijuana, as identified by positive unit urinalysis. 

000320:	SJA review determined the case sufficient in law and fact.

000322:	GCMCA [Commanding General, Marine Corps Base, Camp Lejeune, 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 20000324 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.  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 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 may 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 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.  

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