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

FOR OFFICIAL USE ONLY

 ex-PFC, USMC
Docket No. MD05-00974

Applicant’s Request

The application for discharge review was received on 20050517.  The Applicant requests the Discharge 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 designate any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050831.  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-Drug abuse (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“I am requesting an upgrade for personal and professional reasons.  First, I would like this for the peace of mind an Honorable discharge would bring.  Also, so my family can see I served honorably and served my country with pride.  Second, I would like this upgrade for professional reasons.  I have applied for the position of Deputy Sheriff in Sacramento, CA.  An upgrade of my discharge would be very helpful in this application.  As far as justification, I believe I am a patriot and love my country.  Being a law enforcement officer is a good way to serve my country again.  I would like a career where I could devote my time to protecting the peace and freedom in our country and community.  It is my duty and honor to protect and serve. 
While serving in the Marines, I was assigned to the 13th Marine Expeditionary Force.  We were in Kuwait and the Persian Gulf during Desert Storm.
Looking back at those experiences, I realize how much I love my country.  My family and friends in my community are the most important thing in life.
I am requesting this upgrade so I may serve my country again.  If given this upgrade I will apply to join the U.S. Army and help defend the freedom of our country and our allies.
I promise you (respected officials) I have been sober (no drunkenness or drugs) for 3 ½ years.  I have been working with youth at our local youth outreach.  I have been teaching them good morals and to not make the mistakes I made.
Please upgrade my discharge.  It would mean the world to me.  Thank you.

Respectfully,
[signed] C_ L_ (Applicant)”

Documentation

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

Applicant’s DD Form 214  (Member 4)
Letter of Appreciation from CO, MEU Service Support Group-13
Meritorious Mast from Commanding Officer, MEU Service Support Group-13
Character reference from Pastor D_ B_, dated January 16, 2005
Character reference from J_ M_, friend, dated January 13, 2005
Character reference from K_ M_ H_, Mother, dated January 16, 2005  (2 pages)
Character reference from A_ R_, Principal and CEO, Board of Directors, dated January 15, 2005
Character reference from A_ D. J_, Sister, dated January 13, 2005
Character reference from H_ M. R_, LtCol USMCR, dated February 13, 2005
Character reference from A_ D_, friend, dated February 17, 2005
National Personnel Records Center, St Louis, MO, letter to Applicant dated April 1, 2005
Copy of DD Form 214  (Service 2)  (2 copies)
89 pages of Applicant’s Service Record Book

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR (DEP)		880408 - 881101	COG

Period of Service Under Review:

Date of Enlistment:  881102			Date of Discharge:  920821

Length of Service (years, months, days):

	Active:    03 09  20 (Doesn’t exclude lost time.)
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:	29
	Confinement:			

Age at Entry:  17 (Parental Consent)	Years Contracted:  4 

Education Level:  12				AFQT:  68

Highest Rank:  LCpl				MOS:  3043

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.4 (11)			Conduct:  4.2 (11)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized (as stated on the DD Form 214):  Rifle Expert Badge (2nd Award), National Defense Service Medal, Sea Service Deployment Ribbon, Meritorious Mast, Southwest Asia Service Medal (w/2 stats), Letter of Appreciation, Navy Unit Commendation.

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS /Misconduct-Drug abuse (administrative discharge board required but waived), authority:  MARCORSEPMAN Par. 6210.5.

Chronological Listing of Significant Service Events:

880407:	Briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.

911028:	Group NJP for violation of UCMJ, Article 86:
Specification:  SNM did on board MCB, Camp Pendleton, CA on or about 0730, 911021 without authority, fail to go at the time prescribed to appointed place of duty, to wit:  Supply Det, MSSG-13, 1st FSSG, located at Bldg 14171, at which time SNM reported to on or about 0945, 911021.
Awarded forfeiture of $463.00 per month for 1 month, concurrent restriction and extra duties for 45 days (all suspended for 3 months).  Not appealed.

920224:	Counseled for deficiencies in performance and conduct (concerning drug use of THC, a controlled substance, and frequent involvement w/civil and military authorities).  Corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920225:	Battalion NJP for violation of UCMJ, Article 112a:  
Specification:  Wrongfully used THC/AMP/METHAMP, controlled substances, on board MCB, Camp Pendleton, CA or in the vicinity thereof on or about 920115.
Awarded forfeiture of $440.00 per month for 2 months, extra duties for 30 days.  Reduction in rate E-2.  Not appealed.

920227:	To UA (AWOL) at 1800 on 920225.

920327:	From UA (AWOL) at 1500 on 920324.  Surrendered to his unit.

920514:	Special Court Martial:
	Charge I: violation of the UCMJ, Article 86:
	Specification:  Unauthorized absence from 1800, 920225 until 1500, 920324.
	Findings: to Charge I and the specification thereunder, guilty.
	Sentence: Confinement for 1 month, forfeiture of $350.00 per month for 2 months, reduction to E-1.  Awarded 30 days credit for time spent in pretrial confinement.
[Note: Unable to find Convening Authority action in records.  However, notification and recommendation elements of discharge package reference special court-martial conviction.]

920617:	Evaluation for Substance Abuse/Dependency:  LT. T. S. P_, MC, USNR, determined the Applicant was not dependent.

920629:	Commanding Officer, 1st Supply Battalion, 1st Force Service Support Group, Camp Pendleton, CA notified Applicant of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to minor disciplinary infractions, a pattern of misconduct and drug abuse.  The factual bases for this recommendation were your two NJPs of which one evidenced the illegal use of drugs and your one special court –martial conviction.

920701:	Applicant advised of rights and having consulted with counsel, elected to waive all rights.

920702:	Commanding Officer, 1st Supply Battalion, recommended to Commanding General, 1st Force Service Support Group, the Applicant’s discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions, a pattern of misconduct and drug abuse.  

920722:	Staff Judge Advocate review determined the case sufficient in law and fact to support administrative discharge action for a pattern of misconduct and drug abuse.

920724:	GCMCA [Commanding General, 1st Force Service Support Group] informed the Commandant of the Marine Corps (MMSB) that the Applicant was directed discharged 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 19920821 under other than honorable conditions for misconduct due to drug abuse (administrative discharge board required but waived) (A).  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 (B and C).

The Applicant desires an upgrade for peace of mind and to show his family and friends that he honorably served with pride.  When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions.  Characterization of service as 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.  There is irrefutable evidence that the Applicant’s conduct during his time in the Marine Corps was not honorable.  Indeed, the Applicant’s records contain:
•	Non-judicial punishment proceedings on 19911028 for violation of UCMJ Article 86 Unauthorized absence;
•	Retention warning entry on 19920224 for deficiencies in performance and conduct concerning drug use of THC, a controlled substance, and frequent involvement with civil and military authorities;
•	Non-judicial punishment on 19920225 for violation of UCMJ Article 112a Wrongful use of THC/AMP/METHAMP, controlled substances; and
•	Conviction by special court-martial on 19920514 for violation of UCMJ Article 86 Unauthorized absence for twenty-nine days.
The Applicant’s conduct, which forms the primary basis for determining the character of his service, falls well below that required for an honorable characterization of service.  An upgrade to honorable would be inappropriate; therefore relief is denied.

The Board recognizes the Applicant’s service with the 13th Marine Expeditionary Unit in the Persian Gulf during Desert Storm.  Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country.  It must be mentioned that most Marines serve honorably and therefore earn honorable discharges.  In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due.  After review of the Applicant’s records, the Board found that his service was equitably characterized.  Relief on this basis is denied.

The Applicant informs the Board that he has presently applied for the position of Deputy Sheriff in Sacramento, CA and will later apply to join the U.S. Army.  The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  Further, the Board has no jurisdiction over reenlistment, reentry, or reinstatement into any of the Armed Forces.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  Relief on this basis is denied.

Normally, to permit relief, a procedural impropriety or inequity must have existed during the discharge process for the period of enlistment in question, but the Board found no such impropriety or inequity.  While 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 Marine Corps, the Board 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.  The Applicant provided seven character references for consideration.  The Applicant is advised that his efforts need to be more encompassing to include proof of verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle, and certification of non-involvement with civil authorities.  At this time, there is not sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in his characterization of discharge.  And so, no relief is granted on this basis.

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 P1900.16D), effective 27 Jun 89 until 17 Aug 95. 

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.

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