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

 ex-PFC, USMC
Docket No. MD05-00484

Applicant’s Request

The application for discharge review was received on 20050125.  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 20050516.  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.  “Dear Naval Council of Personnel Boards, there are several reason that I request an upgrade to a honorable discharge. However, I do not wish to lie to anyone because my reasons have not or do not benefit the armed forces in any way.  My time in the Marines did not go as I had wished.  Most of the time I was being punished for being overweight “according to military standard.” I was only 220 pounds at 6 feet tall.  Anyway, I believe that I was sort of a late bloomer and the title of Marine made me feel indestructible.  I did not get into any trouble in high school.  I did not drink, smoke, or attend any parties.  My time was spent trying to achieve my goals in athletics.  I was captain of the football and track and field team.  Our football team was not great as we lost in the first round of the playoffs.  Our track team was outstanding winning the Mississippi Valley Conference in 1993. I set a school record in the discus, won sectionals and was invited to compete in the state championship as well as throw in the Junior Olympics in Barcelona, Spain.  After graduation, my goals were gone and I needed a new one.  The Marines sounded like a great option for me but nothing could have been further from the truth. I turned into a person that was not me.  I was filled with hatred of anyone who was not a brother or sister of service.  This sounds sadistic but I volunteered for a mission so I could do what I was trained to do.  I thank God that I was not chosen.  Prior to my service I was a person of open-mindedness and compassion and during my tenure was turned into a killing machine.  I found myself spiraling downward.  With a legal drinking age of 18 on Pendleton I began drinking.  I also began smoking cigarettes.  These habits carried with me to North Carolina, where I met others who also enjoyed alcohol.  During a 96 hour weekend I went with another Marine named A___ J___ to his home in Kentucky.  One night while we were drinking we were offered marijuana by a friend of his.  Being intoxicated I made the dumbest decision of my life.  It was a short time after that leave that we had a urinalysis which I obviously failed.  I do not know if it was a good thing or not.  If I wasn’t caught I may have kept doing drugs but as it was, it was the last time that I tried anything.  I am also not sure if I was deserving of a title “discharged due to substance abuse.” If abuse is defined as one time then yes I did deserve it.  I also wonder what some counseling could have done for me or even others in the service.  But it did not matter, we had a no tolerance policy and I did not follow the rules.  So in some senses I am deserving of my discharge.  I just believe that I turned into something that was not me during my service.  It also took a while to “deprogram” myself after discharge but finally the hatred went away.

The largest reason that I wish to have my discharge changed is for my future.  I am now thirty years old.  I have held a few successful jobs but I can not find satisfaction within them.  I have worked in a factory and have mastered every aspect of it.  It was the electrical field and I worked of transformers.  I’ve built them, wound their coils, and tested them.  I was then promoted to work as a relay technician but after about a year I had mastered all the circuit board components.  After five years with the company, I decided I could not learn anymore.  I moved to Effingham and found a Menards that was opening soon.  I thought I would give the store a shot.  Out of 3000 applications I was one of 178 that were hired.  Within two weeks of the store setup I was promoted to a assistant department manager.  They needed me to work in floor coverings which was a mathematical challenge.  Along with figuring out how much carpet, wood, or tile you might need, I was in charge of payroll, inventory, sales, and employee scheduling.  Soon I was promoted to the electrical department which was familiar due to my time at the electric company.  Shortly after, I decided that I would not be my happiest in the retail business so I decided to go back to school.  This is the greatest move of my life.  Why I didn’t do it when I graduated I will never know.  I now work for the Sherwin Williams Distribution Center in Effingham.  I work for them because I have a flexible schedule in which I can work between 20-40 hours.

The reason that I am going back to school is to do something that I love.  Why go through life working in factories or jobs you don’t like.  It didn’t take long to realize that I love athletics and after helping coach a 17 year old girls volleyball team I was hooked.  I love to share any knowledge that I have about anything with anyone and I am very passionate about almost any sport.  Therefore, I am currently attending my second semester a Lakeland College in Mattoon, Il majoring in physical education.  I hope to one day become a high school physical education teacher and have my own football team to coach.  I love helping children succeed in anything.  Whatever makes them happy.  I want to be able to help them and guide them in any aspect of life.  This is would make me happy.  This is know my goal and I will stop at nothing to get to it!

During high school, my concentration was on athletics and not my grades.  I really did not care about them and was normally a C student with an occasional B or D.  Now that my grades are a part of my goal to get a teaching degree I am excelling like I probably always could have.  If you think of physical education degrees most people think that it is a blow off degree but here are a list of my class so far.  I have taken ethics, humanities through the arts, composition 1 and 2, sociology, psychology, public speaking.  These are core classes that are required for any associates degree.  I have also taken a skills class called advanced golf.  My first semester I received two A’s and two B’s.  I was so excited that I set my goals for a 4.0 the next semester and I got it, 5 A’s.  Now I plan on getting straight A’s the rest of my college career which will probably be a long time.  I plan on staying in school after my four years to get my masters and maybe someday be able to teach and coach at the college level.

With all of this in mind, I need to erase the only blemish on my record.  I fear that after four years of hard work that my background will hurt me when I apply for a job with the state of Illinois.  You may check my civilian record before, during, or after the service.  I am a good person with great intentions.  I am not sure if I would be able to come to a hearing with school and work, that is why I typed this letter.  I apologize for behavior in the military and I do not want any benefits from the military.  I just want to reach my goal.  Thank you for your time and considerations.

Sincerely,

T___ L.  J.  T____”

Documentation

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

Student Transcript
Letter from National Personnel Record Center dated August 2, 2004
Service Related Documents (22 pages)
Letter from Department of Veterans Affairs dated July 23, 2004
Request for Military Record
Applicant’s DD Form 214  
Medical/Dental Related Documents (68 pages)

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		930629 - 930906	COG

Period of Service Under Review:

Date of Enlistment:  930907		Date of Discharge:  960726

Length of Service (years, months, days):

	Active:    02  10  20
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  73

Highest Rank:  LCpl			MOS:  2531

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.4 (12)			Conduct:  4.3 (12)

Military Decorations:  None

Unit/Campaign/Service Awards:  RSB, 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:

930626:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

950426:	NJP for violation of UCMJ, Article 130: Did on board 29 Palms, CA, barracks #1664, on or about 0230, 940820, unlawfully enter BEQ room #334, the property of LCpl L___, D.S. with the intent to commit a criminal offense, to wit: removing Bose speakers, 19” TV, VCR, clothes, and a 5 disc CD player, therein. Estimated value $2,029.48; violation of UCMJ, Article 81: Did on board 29 Palms, CA, on or about 0230, 940820, conspire with LCpl S___, J.R and Pvt P___, R.M., to an offense under the UCMJ, to wit: larceny of Bose speakers, 19” TV, VCR, clothes, and a 5 disc CD player, of a value of $2,029.48 the property of LCpl L___, D.S, in order to effect the object of the object of the conspiracy the said LCpl T___, T.L. LCpl S___, J.R. and Pvt P___, R.M. broke into LCpl L___’s room and did commit larceny; violation of UCMJ, Article 134: (111) Did on board 29 Palms, CA, on or about 0230, 940820, unlawfully enter the  room of LCpl L___. 
Awarded forfeiture of $478.00 pay per month for 2 months, restriction and 
extra duties for 45 days, reduction to E-2.  Not appealed.

950901:	NJP for violation of UCMJ, Article 115: Did on or about 950821 for the purpose of avoiding his duty as an enlisted person feign an injured back, to wit: SNM was seen playing Frisbee for two hours, this was not constant with the finding of his medical complaints or the findings of his medical board.    
Awarded forfeiture of $223.00 (suspended for 3 months), restriction and extra duties for 14 days (suspended for 3 months).  Not appealed.

951219:	Counseled for noneligibility for promotion due to weight control.

960117:	Counseled for noneligibility for promotion due to immaturity.

960614:	NAVDRUGLAB Jacksonville, FL, reported Applicant’s urine sample, received 960603, tested positive for THC.

960617:	NJP for violation of UCMJ, Article 112a: Did on or about 960617, wrongfully use a controlled substance, to wit: THC.
Awarded forfeiture of $490.00 pay per month for 2 months, restriction and extra duties for 45 days, reduction to E-2.  Not appealed.

960617:	Applicant notified of intended recommendation for discharge with the least favorable characterization under other than honorable conditions by reason of misconduct due to drug abuse.

960617:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

960617:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was your nonjudicial punishment of 960617 for wrongful use of marijuana.

960619:	Director, Consolidated Drug and Alcohol Treatment Center Preliminary Substance Abuse Assessment: Drug abuse, recommended administrative separation IAW MCO P5300.12 CH 4 due to misconduct per drug abuse.

960624:	Administrative Director, Alcohol Treatment Facility Substance Abuse Evaluation indicates applicant was evaluated 960619 as a result of a command referral.  The counselor’s diagnostic impression was drug abuse (isolated incident) and was confirmed by a medical officer’s diagnosis.  Recommend administrative separation.       

960702:	SJA review determined the case sufficient in law and fact.

960723:	Commanding General, 2d Marine Division, U.S. Marine Corps Forces, Atlantic 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 19960726 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.  Certain serious offenses, even though isolated, warrant separation from the naval service in order to maintain proper order and discipline.  The Applicant’s service record is marred by award of nonjudicial punishment (NJP) for illegal drug use, thus substantiating the misconduct for which he was separated.  Separation under these conditions generally results in characterization of service under other than honorable conditions.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  In the Applicant’s case, the Board could discern no impropriety or inequity and therefore consider his discharge proper and equitable.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Relief denied.

An under other than honorable conditions discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The Applicant’s service was marred by three nonjudicial punishment proceedings for violations of Articles 81, 112a, 115, 130 and 134 of the UCMJ.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the Marine Corps and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question.  The Board discovered no impropriety after a review of Applicant’s case.  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 Naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  As of this time, the Applicant has not provided sufficient documentation for the Board to consider.  Relief denied.

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 5420.174D 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