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

  ex-PVT, USMC
Docket No. MD03-00939

Applicant’s Request

The application for discharge review was received on 20030424.  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 20040401.  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.  Mistakes can happen for one or two reasons, the first is for you to Learn from the mistake.  The other is so you don’t do it again.  And repercussion came so hard and fast that if I didn’t learn from this I should be seeking help.  My mistake was being easily influenced and peer-pressured into certain situations that I knew would hurt me in the long run.  No matter how I, or anyone else look at it I was stupid and not using my head.  The mistake I made was experimenting with cannabis sativa atop of being young and dumb.  I was just turning eighteen no parental guidance, basically trying to form a family with those that surrounded me wanting to fit in.  I let myself down big time; I was doing great in the service no article 15 a hardcore devil dog.  Now look back and just wish I could do it over, but that’s like wishing hell would freeze over.  So I just look to the future and move on with my life but my discharge is holding me back from certain positions I am looking for.  I could apologize till I’m blue in the face knowing it wouldn’t make a difference unless it was something like taking a lollipop from a child.  I just want you all to know I’m a good, kindhearted person ready to make a new leaf like any government official (president, supreme court council, judge).  What I’m asking is for someone to check my civilian as well as my service duties to see if I’m worthy of being upgraded.  My life has going down a winding road that I wont to start moving up so I can see the sun instead of chasing the dark clouds.  As my closing words get heartfelt ask yourself, would you forgive your own self for some of your mistakes or the bones in your closet that you don’t want to leak out if the answer is yes, then please consider a guy of my stature should be given that second chance.  A hardworking, trustworthy, energetic individual who’s not looking for a handout but more of a kid who was young and stupid trying to better his life.  To consider me with a upgrade would be a blessing from the sky.  I also can take rejection just not as well as receiving a blessing or gift.”

Documentation

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

Memo from Employer dated March 19, 2003
Reference Letter from ITT Program Chairman I_ H. K_
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		960307 - 960827	COG

Period of Service Under Review:

Date of Enlistment:  960828		Date of Discharge:  971120

Length of Service (years, months, days):

	Active:    01  02  23
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  45

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.2 (4)			Conduct:  4.0 (4)

Military Decorations:  None

Unit/Campaign/Service Awards:  MUC, Rifle Marksman

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:

960307:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

970730:	NAVDRUGLAB [JACKSONVILLE, FL] reported Applicant’s urine sample, received 970721, tested positive for [THC].

970819:	NAVDRUGLAB [JACKSONVILLE, FL] reported Applicant’s urine sample, received 970814, tested positive for [THC].

970919:	NJP for violation of UCMJ, Article 112a: (2 Specifications), Spec 1:  Did on or about 970717 wrongfully use marijuana (a schedule I controlled substance), as evidenced by NAVDRUGLAB, MSG DTG R300901Z JUL 97 ZYB, Batch #6377, Spec 2: Did on or about 970812 wrongfully use marijuana (a schedule I controlled substance), as evidenced by NAVDRUGLAB, MSG DTG R190924Z AUG 97 ZYB, Batch #6380.
Awarded forfeiture of $450.00 pay per month for 2 months, restriction and extra duties for 45 days, reduction to E-1.  Not appealed.

xxxxxx:	SACC Evaluation:  PFC S_ reported smoking marijuana a total of one (1) time during July 97 while on leave.  Client received a district waiver for pre-service marijuana use (20 times).  Based on the information provided it appears, at this time, PFC S_ does not meet criteria for alcohol/drug abuse or dependency.

971017:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

971017:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

971017:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was the respondent’s abuse of a controlled substance, specifically, THC as evidenced by Naval Drug Lab Jacksonville, Florida messages R 300910Z JUL, and R 190924 AUG 97.  

971031:	SJA review determined the case sufficient in law and fact [Extracted from CG message.]

971031:	GCMCA [Commanding General, Marine Corps Recruit Depot/Eastern Recruiting Region, Parris Island] 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 19971120 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 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