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

  ex-Pvt, USMC
Docket No. MD03-00599

Applicant’s Request

The application for discharge review was received on 20030221.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  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 20040205.  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.  “I am writing to you on behalf of my Montgomery GI. Bill.  I have just recently found out that I need to have an Honorable discharge.  This came as a surprise to me.  While filling out the paper work for the Montgomery GI. Bill, I was not informed of this.  Just that I had to pay $100.00 a month for twelve months.  And GI. Bill will be given to us if we served thirty-six months or more.  I realize that I was discharged before my said enlistment.  Do to my own fault.  And that I am willing to do what ever it takes to upgrade my discharge.  Plus it states on my DD 214 that I submitted my $1200.00 to the Montgomery G.I. Bill. Now, I am suppose to tell you of my discharge.  On or around Feb 15, 2000 I was at a party in Wilmington, NC…I was drinking heavily and was not stable enough to make deceptions.  A college student offered me some cocaine and in my drunk and stupor I did it.  The next day I kind of remembered what happened, But it wasn’t clear.  I didn’t know what to do about it.  So I went back to duty as any Marine would.  I look back on this know, and it was the single most stupid thing I have done in my twenty four years of life.  I was a disgrace to my name, the United States Marine Corp and to this country. After returning to duty.  The company had a drug test.  When the results returned.  I was informed that I had tested positive for cocaine.  Thus, was sent up for an battalion NJP.  Sent to the brig for thirty-days.  Lost rank and pay along with the respect of my higher ups.  This came as a shock to the company and my fellow Marines.  But I never let my head down; I served my time, and went on with my enlistment. While serving my enlistment I made a few mistakes and paid for them.  But nothing likes the citation in Feb of 2000.  There is no way I can undo this, if there was, I would.  I did drink a lot when serving in the Marine Corp.  And I am not blaming this on anything but myself.  And I have paid the bitter price.  Being separated from one of the things in my life I took pride in doing, loved what I did and serving my country.  The only thing I gave to hold onto is the memories, comradely and the wisdom the Marine Corp infantry gave me.
I have been out for two and a half years and am attending in the Marine Mechanics Institute, Orlando, Florida.  I am currently an “A” student, holding a perfect attendance, and 100% in professionalism.  This another part of my life I am really enjoying and do not want to mess it up like I did two and a half years ago.  I never drink uncontrollably and have never touched an illegal substance since that night.
So in my closing words I would like to ask for an upgrade of my discharge.  Please take in consideration what I have told you that I have straightened my path.  And I am trying to go on to lead a normal and fulfilling life.  To provide for my future family and myself.  If you do not choose to upgrade my discharge.  I will except that fact.  But I would like to thank the United States Marine Corp for what they taught me.  The discipline, the tact, the courage, and leadership to guide me through life.  I will never forget that. “Once a Marine, Always a Marine.” P.S. If the United States goes to war.  Do not hesitate to call me for duty.  I am still willing to die for this country.
Semper Fidelis
N_ J_ P_ (Applicant)”

Documentation

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

Student progress report, dated November 27, 2002
Student progress report, dated December 20 2002
Student progress report, dated January 17, 2003

PART II - SUMMARY OF SERVICE

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

	Active:    None
	Inactive: USMCR(J)		970417 - 970421	COG

Period of Service Under Review:

Date of Enlistment:  970422		Date of Discharge:  000519

Length of Service (years, months, days):

	Active:    03  00  28
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  41

Highest Rank:  Cpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.4 (10)			Conduct:  4.2 (10)

Military Decorations:  None

Unit/Campaign/Service Awards:  AFEM, MM, SSDR, NATO, AFSM, MUC

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:

970409:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

980318:	Counseled for deficiencies in performance and conduct.  [Disobeying orders and demonstration of an extreme lack of judgment by underage consumption of alcohol in the barracks on 980306.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990708:	NJP for violation of UCMJ, Article 86:
Specification: Unauthorized absence on 2359, 990629.
Violation of UCMJ, Article 134:
Specification: Drunk and disorderly on 990629.
Awarded forfeiture of $589.00 per month for 2 months, restriction and extra duties for 45 days (forfeiture, restriction, and extra duty suspended for 6 months), reduction to LCpl.  Not appealed.

000217:	NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 000214, tested positive for cocaine.

000224:	Summary Court-Martial.
	Charge I: violation of the UCMJ, Article 112A.
	Specification: Wrongful use of cocaine.
	Finding: to Charge I and the specification thereunder, guilty.
	Sentence: Not found in service record.
	CA action 000224:  Sentence approved and ordered executed.

000224:	Counseled for deficiencies in performance and conduct.  [Wrongful use of cocaine.]  Necessary corrective actions explained.  Sources of assistance identified.

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 his 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.

000316:	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 illegal drug use as evidenced by Naval Drug Lab message 172152Z Feb 00.  

000406:	Medical evaluation for drug abuse found the Applicant to be a drug abuser, (isolated incident) and alcohol abuse (chronic).  

000428:	SJA review determined the case sufficient in law and fact.

000502:	GCMCA [Commanding General, 2d Marine Division, II Marine Expeditionary Force, 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 20000519 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.  Separation under these conditions generally results in characterization of service under other than honorable conditions.  Relief denied.

The Veterans Administration determines eligibility for post-service benefits, not the NDRB.  There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and the issue of the Applicant’s Montgomery GI Bill does not serve to provide a foundation upon which the Board can grant relief.

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