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

ex-Pvt, USMC
Docket No. MD05-00265

Applicant’s Request

The application for discharge review was received on 20041115.  The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions.  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 20050210.  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 believe my discharge should be upgraded to GENERAL/UNDER HONORABLE CONDITIONS.  The reason I feel this way is because I had a promising military career in front of me, yet I succumbed to peer pressure.  Now that I am home in Maryland I am getting back on my feet, slowly but surely.  I have started taking college courses again and I am a good law-abiding citizen.  My current discharge is holding me back from achieving my dreams.  I ask that the Board review my discharge and upgrade it to a GENERAL/UNDER HONORABLE CONDITIONS, so that I may move forward in my life and remain a productive member of society.”

Documentation

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

College transcript

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		020114 - 020730	COG

Period of Service Under Review:

Date of Enlistment:  020731		Date of Discharge:  030604

Length of Service (years, months, days):

	Active:    00  10  05  (Does not exclude lost time)
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  82

Highest Rank:  PFC			MOS:  6000

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.4 (3)			Conduct:  3.4 (3)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, RMB

Days of Unauthorized Absence:  1

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:

020111:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

030325:	NAVDRUGLAB Jacksonville, FL, reported Applicant’s urine sample, received 030321, tested positive for THC, MDA, and MDMA.

030403:	NJP for violation of UCMJ, Article 86: UA from 0600, 030317 to 0900, 030318; violation of the UCMJ, Article 112a: On or about 030318, wrongfully use THC, MDA, and MDMA.
Awarded forfeiture of $575.00 per month for 2 months, restriction for 60 days, reduction to Pvt.  Not appealed.

030403:	Counseled for deficiencies in performance and conduct.  [NJP for violation of UCMJ Articles 86 and 112a.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

030411:	Medical evaluation for drug abuse found the Applicant did not meet criteria for drug or alcohol abuse/dependence.  Recommended Applicant attend Alcohol IMPACT Program (Level 0.5).

030416:	Counseled regarding deficiencies, specifically, the illegal use of marijuana, MDA, and MDMA.  Necessary corrective actions explained.  Sources of assistance identified.  Disciplinary and administrative discharge warnings issued.

030424:	Applicant refused recommended treatment for substance abuse.

030429:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and substance abuse rehabilitation failure as evidenced by NJP on 030403 and failure to participate in your own recovery.

030501:	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.

030512:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and substance abuse rehabilitation failure.  

030602:	GCMCA [Commander, Marine Corps Air Bases, Eastern Area] 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 20030604 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.  The Applicant received nonjudicial punishment for illegal drug use and unauthorized absence.  Drug abuse warranted processing for separation.  Separation under these conditions generally results in characterization of service under other than honorable conditions.  Relief denied.

The Applicant’s discharge characterization accurately reflects her service to her country.  Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question.  No such inequity or impropriety occurred 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, to enhance employment opportunities, or for good conduct in civilian life, subsequent to leaving the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge.  An employment record, documentation of community service, certification of non-involvement with civil authorities and evidence of a substance free lifestyle, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct.  The Applicant’s evidence of post-service conduct was found not to mitigate her misconduct sufficient to warrant an upgrade to her discharge.  

The Applicant is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her discharge.  The Applicant can provide additional documentation to support any claims of post-service accomplishments 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 P1900.16F), effective 01 September 2001 until Present.

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 “http://Boards.law.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:

		Secretary of the Navy 	Council of Review Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023