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

  ex-PFC, USMCR
Docket No. MD03-00747

Applicant’s Request

The application for discharge review was received on 20030320.  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 20040224.  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.  “During my four years of service in the United States Marine Corp Reserves I believe I was a motivated and dedicated soldier.  In 1999 I suffered from a lot of emotional and personal problems.  My stepmother whom I was very close to passed away from cancer.  My fiancée whom was pregnant with my daughter at the time left me.  And also my grades had dropped in college and I was suspended for a year. At the time this was a lot for me to deal with so I turned to alcohol and marijuana for a brief period.  I know this wrong but I was young and immature and I beg for the mercy of the review board.  Since my discharge I have completed college and received a Bachelor of Science in Engineering Technology and pursuing a career in Engineering field.  Also I am back together with my daughter and fiancée and I am completely alcohol and drug free.  I would like for my discharge to be reviewed because I am considering re enlisting into the service to once again defend my country.  Thank you very much.”

Documentation

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

Letter from Old Dominion University, dated March 12, 2003
Acknowledgment of paternity, dated June 30, 2003

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: None

Period of Service Under Review:

Date of Enlistment:  950106			Date of Discharge:  990616

Length of Service (years, months, days):

	Active:    00  07  28
	Inactive:  03  09  14

Age at Entry:  17  Parental Consent		Years Contracted:  8

Education Level:  12				AFQT:  80

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (6)				Conduct:  4.3 (6)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

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:

950105:	Enlistment contract into the USMCR documents acknowledgement of the requirement to participate in 48 scheduled drills and not less than 14 days of annual training per year for 6 years upon completion of initial active duty training.

950105:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

950927:	Applicant reported for initial tour of active duty for training.

960525:	Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

Undated:	Counseled for deficiencies in performance and conduct.  [Alcohol-related incident, specifically, underage drinking that occurred on 970716.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

Undated:	Counseled for deficiencies in performance and conduct.  [Conviction on 970825 of an alcohol related incident, specifically drinking under the legal age, public intoxication and providing false information to a police officer that occurred on 970716.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990110:	Counseled for deficiencies in performance and conduct.  [Unsatisfactory participation with the Selected Marine Corps Reserve.  Member received unexcused absences for missing a scheduled inactive duty training period on (IDTs) 990110 (2).  Member will be processed for discharge upon missing 9 IDT training periods.]  Necessary corrective actions explained, sources of assistance provided.

990222:	NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 990216, tested positive for THC.

990411:	NJP for violation of UCMJ, Article 112A:
Specification: Wrongful use of a controlled substance as confirmed by NAVDRUGLAB Jacksonville 222307ZFEB99 for a positive result for THC during random urinalysis testing conducted at MACS-24 on 990110.
Awarded reduction to PFC. Not appealed.

990411:	Counseled for deficiencies in performance and conduct.  [Unsatisfactory participation with the selected Marine Corps Reserve.  Member received unexcused absences for missing a scheduled inactive duty training period (IDTs) 990410 (2), 990411 (1).  Member will be processed for discharge upon missing 9 IDT training periods.]  Necessary corrective actions explained, sources of assistance provided.

990411:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

990411:	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 statement.

990502:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was a positive urinalysis test for THC dated 990222.  

990614:	SJA review determined the case sufficient in law and fact.

990614:	GCMCA [Commander, Marine Forces Reserve] 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 19990616 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.  The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  Relief denied.

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’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