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

FOR OFFICIAL USE ONLY

ex-PVT, USMC
Docket No. MD05-01230

Applicant’s Request

The application for discharge review was received on 20050718.  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 a representative on the DD Form 293.  

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060302.  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 on the application and attached documentation:

“My discharge was inequitable because it was based on several incidents that occurred during my last 18 mths of service and had no bearing on the Marine that I was the four years prior to this.”

“I wanted to be a Marine since I was twelve years old.  To be a Marine meant the world to me.  To this day it is still the best thing that ever happened to me.  I have a good conduct medal and several meritorious awards and I went on a sergeant board, and I have a lot of great memories.  It was truly an honor for me to serve my country.

Toward the end of my service I got mixed up with the wrong crowd and got heavily into drugs.  I lost everything I had, my dreams as a marine and my family.

Today my life is very different.  I have been clean for years now.  I am remarried, I have my children back and have been blessed with two more.  I work two jobs and I am an active member of my church.

I would like to have my discharge upgraded, so that I can look back at my career as a Marine with no regrets, and get on with my life.”

Documentation

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

Applicant’s DD Form 214  (Member 1)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USMCR (DEP)	19870212 – 19870630		COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19870701		Date of Discharge:  19930302

Length of Service (years, months, days):

Active:    05  07  09  (Excludes lost time)
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  23 days
	Confinement:		  None

Age at Entry:  18 

Years Contracted:  6 

Education Level:  12				AFQT:  78

Highest Rank:  Cpl				MOS:  3381

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.2 (18)				Conduct:  4.0 (18) 

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  Southwest Asia Service Medal (w/2 stars), Sea Service Deployment Ribbon (w/2 stars), National Defense Service Medal, Navy Unit Commendation (1/1 900814-910416), Rifle Marksman Badge, Letter of Appreciation, Kuwait Liberation Medal, Good Conduct Medal

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 6210.5.

Chronological Listing of Significant Service Events:

870211:	Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.

870212:	RS level enlistment wavier granted.

870701:	Enlistment waiver granted.

920609:	NJP for violation of UCMJ, Article 112a:
	Specification: At Camp Pendleton, CA or in the Civilian community, between 24 January 1992 and 29 January 1992, did wrongfully use methamphetamines, a Schedule III controlled substance.
Award:  Reduction to E-3.  Not appealed.

920729:	Medical Evaluation for Drug or Alcohol Abuse:  
	Physiological findings:  Unremarkable
	Diagnosis:  Psychologically dependent on alcohol and drugs.

920915:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse   with the least favorable characterization of service as under other than honorable conditions.

920917:	Veterans Administration Statement of Understanding:  Applicant requested to be enrolled in the Veteran’s Administration Hospital/Facility Drug and Alcohol Rehabilitation Program in conjunction with discharge.  Applicant also agreed to remain in the program for a minimum of (30) thirty days subsequent to arrival.

920921:	Commanding Officer, 3d Battalion, 1st Marine Regiment, recommended to Commanding General, 1st Marine Division (Rein), via Commanding Officer, 1st Marine Regiment that the Applicant be discharged under other than honorable conditions by reason of misconduct due to drug abuse.  Commanding Officer’s comments:  “Lance Corporal P_ (Applicant) has been a good performer prior to this incident.  The seriousness of this incident places him in jeopardy.  He has violated a basic commandment of the Corps – Marines do not use drugs!  I feel that this offense (use of methamphetamines) cannot be overlooked and he should be discharged with the characterization of service being under other than honorable conditions.”

920921:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

921020:	Commanding Officer, Battalion Landing Team 3/1, recommended to Commanding General, 1st Marine Division (Rein), that the Applicant be discharged under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was due to a positive urinalysis for methamphetamine.  Commanding Officer’s comments:  “Lance Corporal P_ (Applicant)’s SACO case file reveals not a one time user but a highly drug and alcohol dependent Marine whose use predates his entry into the Marine Corps.  Beginning in high school, SNM has used THC, methamphetamine, cocaine, and alcohol separately or in combination.  Lance Corporal P_ (Applicant) was admitted into the Marine Corps with a drug (THC) waiver and has continued to use drugs to, in his words, function in his job as a cook.  The drug counselor and Medical Officer have determined SNM to be drug and alcohol dependent.
Lance Corporal P_ (Applicant)’s case obviously involves severe problems with drugs, including almost constant use for the months prior to his positive urinalysis.  In light of this new information, I strongly recommend Lance Corporal P_ (Applicant)’s discharge for misconduct due to drug abuse be approved.” 

921102:	SJA review determined the case sufficient in law and fact.

921104:	Commanding General, 1st Marine Division (Rein), directed the Applicant’s discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The Commanding General’s letter indicated the he considered the Applicant’s pre-service drug waiver when evaluating the Applicant’s potential for further service, but not for determining character of service.

921110:	Veterans Administration Statement of Understanding:  Applicant requested to be enrolled in the Veteran’s Administration Hospital/Facility Drug and Alcohol Rehabilitation Program in conjunction with discharge.  Applicant also agreed to remain in the program for a minimum of (30) thirty days subsequent to arrival.

921117:	Applicant to unauthorized absence at 0700 on 921117.

921210:	Applicant from unauthorized absence at 1130 on 921210. 

921211:	NJP for violation of UCMJ, Article 86:
	Specification:  0700, 921117 to 1130, 921210.
	Award:  Forfeiture of $440.00 pay per month for 2 months, restriction for 30 days, reduction to E-2.  Not appealed.

921216:	Counseling:  Advised of deficiencies in performance and conduct (UA 921117 to 921211 & 921213, 0900-2145.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

921216:	NJP for violation of UCMJ, Article 134:
Specification:  SNM having been restricted to the limits of mess, billet, duty and place of worship, by a person authorized to do so, did on or about 921213, break said restriction.
	Award:  Forfeiture of $228.00 pay per month for 1 month, restriction and extra duty for 14 days.  Not appealed.

930108:	NJP for violation of UCMJ, Article 134:
Specification:  Breaking restriction on or about 0700-2146, 921226.  SNM failed to sign-in for restriction.
Violation of UCMJ, Article 112a:
Specification:  SNM on or about 921218, did wrongfully use a controlled substance to wit;  Amp/Methamp.
	Award:  Restriction for 30 days, reduction to E-1.  Not appealed.

930125:	Veterans Administration Statement of Understanding:  Applicant requested to be enrolled in the Veteran’s Administration Hospital/Facility Drug and Alcohol Rehabilitation Program in conjunction with discharge.  Applicant also agreed to remain in the program for a minimum of (30) thirty days subsequent to arrival.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930302 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 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 contends that his discharge is inequitable because, “it was based on several incidents that occurred during my last 18 mths of service and had no bearing on the Marine that I was the four years prior to this.”  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 four nonjudicial punishment proceedings for violations of Articles 86, 112a and 134 of the UCMJ.  The Applicant’s conduct is a violation of the special consideration given at the time of the Applicant’s dual-waiver enlistment.  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.

The Applicant contends that he has lead a “clean” life for years, is remarried, works two jobs and is active in his church.  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 any post-service documentation for the Board to consider.  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 additional evidence related to this discharge.  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