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

 ex-LCpl, USMC
Docket No. MD03-01256

Applicant’s Request

The application for discharge review was received on 20030721.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record 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 20040430.  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.  The discharge is improper because it was based on one isolated incident in 29 months of service.  I have a Documented Knee injury Due to Marine Corps. Wear and tear.  The weekend I was rock climbing and fell reinsuring my knee.  My supposed friends and girlfriend (civilians) gave me a pill that was supposed to be a pain killer but turned out to be an illegal meth amphetamine.  I failed a urine test and was punished and finally discharged under other than honorable conditions.  I was told by base/authorities that I was lieing about taking a pill that have methamphedmins in them.  I come to find that there are pills that include this drug.  Certain illegal diet pills and ecstasy both do.  When I went up for NJP in front of the Battalion Command he told me that he was sorry that I had made such a bad disition and that he wished he could help me out the but the rules state no toleration of drugs.  He then told me that I could have this Discharge changed to and honorable discharge.  I served in a security force detachment on the island of Crete and in 29 Palms 1/7.  I had countless urine tests and passed them all – except the last one.  While serving in Greece I was pulling a Corporal’s Billet as a LPL.  I was the Corporal of the guard.  I did my job exceptionally well for the time I was in and sacrificed for the Corps and the country.  I get into trouble one time.  Once the corps turns their back on me.  I have lost out on jobs because of this discharge. I don’t believe that I can still be punished for something I did when I was 22 yrs. Old.  I have graduated from college now and I want this to be corrected.  Thank you – P_ H_.”

Documentation

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

Applicant’s DD Form 214
“Medical Documentation” (20 pages)
“Outstanding performance documentation” (13 pages)
Unofficial college transcripts
Copy of college diploma

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		930211 - 931031	COG

Period of Service Under Review:

Date of Enlistment:  931101		Date of Discharge:  960311

Length of Service (years, months, days):

	Active:    02  04  11
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  78

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (10)			Conduct:  4.2 (10)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, LoA, MM

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:

930209:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

951208:	NAVDRUGLAB [SAN DIEGO, CA], reported Applicant’s urine sample, received 951201, tested positive for [METHAMP].

951213:	NJP for violation of UCMJ, Article 112a (1 specs):
Specification 1:  Wrongful use of a controlled substance
Awarded red to E-2, forfeiture of $478.00 per month for 2 months, restriction and extra duties for 45 days.  Not appealed.

951215:	Medical evaluation for drug abuse found the Applicant to be a drug abuser, not drug dependent [drug dependent].  

951219:	SNCOIC CDACC reports Applicant examined by Substance Abuse Counselor and a Medical Officer and diagnosed as a Methamphetamine abuser and recommended for administrative processing.

960109:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by a failure to conform to the standards of the Marine Corps.

960110:	Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies.

960110:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  

960206:	SJA review determined the case sufficient in law and fact.

960208:	GCMCA [CG, 1st MarDiv 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 19960311 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 states his discharge was based on one isolated incident in “29 months.”  To maintain proper order and discipline the military does not view isolated offenses as minor infractions even though they are a first time offense on an otherwise clear record.  There is credible evidence in the record that the Applicant used illegal drugs.  Mandatory processing for separation is required for Marines who abuse illegal drugs.  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.  

The Applicant's other than honorable discharge was proper and equitable.  The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted.  There is no evidence of impropriety, inequity or procedural irregularities in the Applicant's discharge.  The Applicant's misconduct is clearly documented.  He acknowledged and waived his rights to administrative review.  He was notified that by waiving his rights and accepting an other than honorable discharge, he could possibly encounter significant difficulties in obtaining employment and other benefits.  The Applicant was afforded the appropriate due process during the processing of his case.  Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time.  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 18 Aug 95 to 30 Jan 97. 

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