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

 ex-PFC, USMC
Docket No. MD03-00771

Applicant’s Request

The application for discharge review was received on 20030326.  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: GENERAL (UNDER 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 have considered sending this information in order to upgrade my former military status on a number of occasions.  I feel that there is no more an appropriate time than now, given our country’s current situation.  I beg of you to please take the time to read this letter and my application; and take what I have to say into consideration.  I don’t wish to be upgraded to Honorable conditions just to buy a home, or to go to school, or to get benefits of any kind.  I do not deny that these would all be welcomed, but these are not my intentions.

I don’t want to go into some sob story of how hard my life was, and how I was deprived and only need to be given a chance.  I only mean to say that I truly am from modest means.  There are not many things in my life that I can be proud of.  Next to having a baby girl on 20000410, the Marine Corps is the only thing that I have.  I still hold the Marine Corps in the highest regard.  Joining the United States Marine Corps is the best decision I have ever made, and I am a better man having done so.  Even if an upgrade is not possible, I would not trade the experience for all the world.  I still try to carry myself in a manner that is becoming a Marine.  I wasn’t young when I first went into active duty, but my mind was.  Today I am a different person.  I have different priorities and values, and I owe this to the United States Marine Corps.  I had a drug pop almost directly out of boot camp that cost me everything, including my career as an active duty Marine.  I spent the rest of my time in the Marine Corps trying to fight a discharge in order to be able to remain in active duty.  I went on boards and had many people speak on my behalf, but to no avail.  I was however, released with General/Under Honorable Conditions.

Right now our country is going through some trying times.  I wish to be upgraded to Honorable conditions so that I may re-enlist and join the rest of my fellow Devil Dogs in our fight for freedom.  I say “our fight” because it truly is “ours”.  It is our fight for the right to live in a free America.  I want to fight for myself, my family, my daughter’s future, my fellow Americans and for your right to live in a free country as well.  I am willing to do whatever it takes to make this possible.  I will do boot camp over again.

I will come back into active duty as a Private, or even as a Recruit if necessary.  I do not do drugs.  I am a strong, healthy, 32 year old former Marine who wishes to serve his country.  I do realize that this means that I could die, but death is the only thing that we are guaranteed in life anyway.  I don’t want to be here just sitting on the sidelines when I am a trained, able bodied American that is willing to go and give my life for the rights of others.  In short, I am asking you for the right to have something that I can be proud of again, and I am willing to give my life for it.  I say this to you with Honor, with Courage and with true Commitment.

Sincerely,

M_ A_ (Applicant) (social security number deleted)”

Documentation

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

Letter of recommendation, dated November 19, 1998
Certificate of commendation, dated November 19, 1998
Certificate of good standing from Marine Wing Support Group 37 for November 11, 1997 to November 18, 1998
Meritorious mast for May 7, 1998 to June 10, 1998
Volunteer appreciation award, dated May 27, 1998

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		970331 - 970420	COG

Period of Service Under Review:

Date of Enlistment:  970421		Date of Discharge:  981119

Length of Service (years, months, days):

	Active:    01  06  29
	Inactive:  None

Age at Entry:  26			Years Contracted:  4

Education Level:  12			AFQT:  50

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.5 (3)			Conduct:  4.2 (3)

Military Decorations:  None

Unit/Campaign/Service Awards:  Letter of Appreciation, MM, Certificate of Commendation

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  MARCORSEPMAN 6210.5.

Chronological Listing of Significant Service Events:

970326:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

971218:	NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 971205, tested positive for amphetamine/methamphetamine.

980108:	Counseled for deficiencies in performance and conduct.  [Illegal drug involvement; specifically drug usage (amphetamine and methamphetamine).  Urine sample collected on 9711201 identified at Naval Drug Lab San Diego, CA.]  Discharge warning issued.

980114:	NJP for violation of UCMJ, Article 112A:
Specification: Wrongful use of a controlled substance on 971201.
Awarded forfeiture of $463.00 per month for 1 month, extra duties for 30 days, reduction to Pvt.  Reduction and extra duty for 15 days suspended for 6 months.  Not appealed.

980128:	Medical evaluation for drug abuse found the Applicant does not meet the criteria for drug abuse or drug dependence.  

980217:	Applicant notified of intended recommendation for retention as a result of misconduct due to drug abuse.  Notified that discharge may be under other than honorable conditions.

980217:	Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

980415:	Commanding Officer recommended retention as a result of mandatory processing for administrative separation  by reason of misconduct due to drug abuse.  The factual basis for this recommendation was your positive testing for methamphetamine and amphetamine.  

980730:	CO, MWSG 37 recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was your positive testing for methamphetamine and amphetamine.  Commanding Officer’s comments (verbatim): PFC A_’s (Applicant’s) DD Form 1996/2 indicates that he entered the Marine Corps on a drug waiver.  Although A_ (Applicant) is a hard worker, I cannot endorse his retention in the Marine Corps.  He was already provided a second chance when he enlisted in our Corps.

981014:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, that the misconduct warranted separation, and recommended discharge general (under honorable conditions).

981105:	SJA review determined the case sufficient in law and fact.

981116:	GCMCA [3d Marine Aircraft Wing] directed the Applicant's discharge general (under 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 19981119 under honorable conditions (general) 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