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

FOR OFFICIAL USE ONLY

ex-LCPL, USMCR
Docket No. MD05-00881

Applicant’s Request

The application for discharge review was received on 20050419.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  The Applicant requests a personal appearance hearing discharge review before a traveling panel closest to Columbus, MS.  The Applicant designated Civilian Counsel as the representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC, at the Washington Navy Yard.  The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing. 

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060112.  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 by reason of misconduct due to drug abuse.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated by a letter attached to the application:

“Dear Board Members,

I have requested this hearing and the upgrade of my discharge for several reasons.  When I graduated from Parris Island, it was the greatest day of my life.  I had never felt so much honor and pride in my entire life.  I never thought I’d do anything to put that in jeopardy.  I returned home after the completion of my training; Marine Combat Training, Camp Lejeune, North Carolina and Field Artillery School, Fort Sill, Oklahoma.
I always wanted to go to college, so I rented a house with two of my friends.  I was not expecting the serious temptations of college life, although I should have.  I let my choices at college interfere with my obligations and duty to the Marine Corps.  Marijuana and cocaine showed up on a urine analysis and I felt like my life was over.  I was trained and knew better to give into temptations like that.  I blame no one but myself for my mistake.
In an effort to save my life in the Marine Corps.  I made up any and every drill I had ever missed.  I worked as hard as I could and pushed my body to the limits.  What I was doing did not go unnoticed.  I received Meritorious Mast for my performance at Annual Training at Fort Bragg even after the incident which was the basis for my discharge.  I also had received Meritorious Mast before the incident at the previous A.T.  Every thing I did though, was not enough.  They still let me go nearly a year after the incident had happened.  Being let go has hurt me very deeply.  In addition, seeing my brothers fighting in the Middle East and not being able to do anything has really hurt.  I’ll graduate from college and go on with my life no matter what, but , there will always be a piece missing if I do not have the Marine in my life.  No one can take away my accomplishments.  I’ll always be a Marine.  But, the government has spent a lot of money training me.  I am an Expert Rifleman and always a first class PFT.  I would be an asset to the American Military.  And, I’ll go and fight right now for this country, send me.  You see, I don’t want an Honorable Discharge so I can hang it on my wall.  I want it so I can serve and be with my brothers.”

Truly, [signed] T_ F. J_, Jr (Applicant)
SSN #            [deleted]

Documentation

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

Letter from Applicant

PART II - SUMMARY OF SERVICE

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

	Inactive:  None
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20000120		Date of Discharge:  20030907

Length of Service (years, months, days):

Active:    00  05  29 
	Inactive:  00  00  24

Time Lost During This Period (days):

	Unauthorized absence:  none
	Confinement:		  none

Age at Entry:  18 

Years Contracted:  8

Education Level:  12				AFQT:  42

Highest Rank:  LCpl				MOS:  0811

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  NA*			Conduct:  NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  Rifle Marksmanship Expert Badge.

*Not Available

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:

000118:	Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.

000120:	Enlistment contract into the USMCR documents acknowledgement of the requirement to participate in 48 scheduled drills and not less than 14 days of annual training per year for 6 years upon completion of initial active duty training.

000214:	Applicant reported for initial tour of active duty for training.

000812:	Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

010703:	Applicant acknowledged understanding of eligibility but not recommended for promotion to LCpl for the 2001 July promotion period because of Unsat Drill Participation.  

020925:	Applicant acknowledged understanding of eligibility but not recommended for promotion to LCpl due to 18 mos Prom Restr/Drug Use.  Applicant chose not to make a statement.

021005:	Counseling:  Applicant advised of deficiencies in performance and conduct (Illegal drug involvement, Cocaine, THC and possession identified by Navy Drug Lab JAXFL msg 251537Z SEP 02), necessary corrective actions explained, sources of assistance provided.

021005:	NJP for violation of UCMJ, Article 112a:  Wrongful possession of controlled substance (Cocaine, THC).
	Award:  Forfeiture of $82 per month for 2 months, reduction to E-2.  Not appealed.

030907:	GCMCA, Headquarters, Fourth Marine Division, Marine Forces Reserve, New Orleans, LA, directed the Applicant's discharge under other than honorable conditions by reason of misconduct drug abuse.
	
Service Record Book contains a partial Administrative Discharge package.
Service Record Book is missing elements of information (pro/con marks).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030907 by reason of misconduct due to drug abuse (A) with a service characterization of under other than honorable conditions.  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).  The Board presumed regularity in the conduct of governmental affairs (D).

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.  Relief denied.

When the service of a member of the U.S. Marine Corps Reserve has been honest and faithful, it is appropriate to characterize that service as honorable.  An under other than honorable conditions 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 a nonjudicial punishment proceeding for violation of Articles 112a of the UCMJ.  In addition, the Applicant was counseled for unsatisfactory drill participation.   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 U.S. Marine Corps Reserve and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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.  The Marine Corps Separation and Retirement Manual, (MCO P1900.16F, effective 
01 Sep 2001 until Present, Paragraph 6210, MISCONDUCT.

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

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

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.  

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