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

FOR OFFICIAL USE ONLY

 ex-Pvt, USMC
Docket No. MD05-01575

Applicant’s Request

The application for discharge review was received on 20050922.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions).  The Applicant requests a personal appearance discharge review before a traveling panel closest to Atlanta, Georgia.  The Applicant did not designate a 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 20060608.  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:

“I received the wrong discharge.  I received an other Than Honorable discharge.  I tested positive for substance I have never used and have no prior history of ever using.
I have never used that substance.  I have no prior history of ever using the substance.  I pleaded not guilty through out the non-judicial hearing, and throughout the seperations hearing.  I asked for a second drug test but never got one.”

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214
Letter to the Board for Correction of Naval Records, undtd
Letter from the Board for Correction of Naval Records, August 11, 2005
Applicant’s DD Form 149
Letter from Congress of the United States, dtd April 7
Partial Response to congressman’s letter

PART II - SUMMARY OF SERVICE

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

	Inactive:  USMCR (DEP)	19990730 - 19990830	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19990831		Date of Discharge:  20000616

Length of Service (years, months, days):

Active:    00  09  16
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  21

Years Contracted:  4

Education Level:  12				AFQT:  35

Highest Rank:  Pvt				MOS:  9900

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.5 (2)				Conduct:  3.5 (2)

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

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:

990130:	Pre-service waiver for HCB/marijuana usage (FBE) granted.

990727:	Pre-service waiver for physical standards granted.

990902: 	Applicant makes voluntary statement regarding previous hospitalization for depression.  

990903:	Applicant examined by Clinical Psychologist after admitting to history of depression.  Applicant states that he was hospitalized for 34 days and placed on Prozac.  No signs of distress.  No suicidal or homicidal thoughts.  No diagnosis.

991104:	Applicant examined at Mental Health Unit, Branch Medical Clinic, MCRD PISC.  Applicant reports difficulties learning tasks throughout recruit training.  
	Observations:  Applicant does not appear to have any depressive symptoms.

991105:	Applicant examined by clinical psychologist.  Applicant voluntarily presents himself, reporting that he is misunderstood by drill instructors. 
	Observations: “ He (Applicant) has many narcissistic and paranoid features which probably result in misunderstanding and the thought that he has an attitude problem.”
	Assessment:  Narcissistic and Paranoid traits.   

000113	NAVDRUGLAB, Jacksonville, FL reported Applicant’s urine sample, received 000106, tested positive (area has been marked through and is unreadable).

000120:	NJP for violation of UCMJ, Article 112a: At CoF, MCTBn, SOI, MCB, CamLej, bwtn 991216 to 991230, wrongfully used cocaine.
	Award:  Forfeiture of $502 per month for 2 months, restriction for 60 days.  Appealed 000121.  Appeal denied (letter undated).

000120:	Counseling:  Advised of deficiencies in performance and conduct (Illegal usage of controlled substance cocaine as verified by the NAVDRUGLAB msg # R132357Z JAN 00.), necessary corrective actions explained, sources of assistance provided, and advised being processed for administrative discharge action. 

000131:	Substance Abuse Evaluation by M. A. P_, LCDR, MSC, USN, Clinical Psychologist:  Applicant substance abuse/dependence was found to drug abuse, isolated incident.

000211:	Applicant found qualified for release from active duty.

000212:	Applicant unauthorized absence on 1445-1540, 000212.

000214:	Counseling:  Advised of deficiencies in performance and conduct (Disrespectful actions toward Sgt. G_ in that SNM showed disrespect to an NCO by rolling eyes and walking away while Sgt G_ was counselling SNM on unprofessional conduct towards superiors.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000224:	Counseling:  Advised of deficiencies in performance and conduct (Unauthorized absence from 1445, 000212 to 1540, 000212 from MATCo, HqSptBn, SOI, MARCORSCOLS, CamLej.  Disrespect to Sgt G_ in that SNM wrote on a sickcall screening form that Sgt G_ was ignorant.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000301:	NJP for violation of UCMJ, Article 86: UA from 1445, 000212 – 1540, 000212, fr MATCo, HqSptBn, SOI, MARCORSCOLS, CamLej.
Violation of UCMJ, Article 91: At MATCo, HqSptBn, SOI, MARCORSCOLS, CamLej, did, on or about 0800, 000214, disrespect SGT G_ by writing “He is an idiot” or words to that effect on his BAS Sickcall Screening Form Questionnaire.
Article 91 dismissed.
	Award:  Forfeiture of $245 per month for 1 month, restriction for 14 days.  Not appealed.

000310:	Report of Investigation: Applicant was administered a polygraph examination at Naval Criminal Investigative Service on 000225.  At conclusion of the polygraph it was the opinion of the examiner that deception was indicated in Applicant’s responses.

000313:	Commanding Officer, Marines Awaiting Training Company recommended Applicant’s discharge with an other than honorable by reason of misconduct due to illegal drug use.

000315:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service other than honorable by reason of misconduct based on drug use.  

000315:	Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.

000315:	Commanding Officer, Headquarters and Support Battalion, School of Infantry, Marine Corps Base, Camp Lejeune via Commanding Officer. School of Infantry, Marine Corps Base, Camp Lejeune recommended to Commanding General, Marine Corps Base, Camp Lejeune Applicant’s discharge under other than honorable conditions by reason of misconduct due to drug abuse.  The factual basis for this recommendation was use of cocaine.  Commanding Officer’s comments:  “Private W_(Applicant) demonstrated a blatant disregard for the Marine Corps’s policy towards drug use and has shown a definite lack of Honor, Courage and Commitment.  He does not possess the discipline required for continued service in the Marine Corps.”

000322:	Commanding Officer, School of Infantry forwarded, concurring with the recommendation of the Battalion Commander for Applicant’s discharge under other than honorable conditions of by reason of misconduct due to drug abuse.

000509:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to drug abuse, that such misconduct warranted separation, and recommended discharge under other than honorable conditions.

000607:	Commanding Officer, School of Infantry, Marine Corps Schools, Camp Lejeune forwarded, concurring with the recommendation of the Board.

000608:	SJA review determined the case sufficient in law and fact.

000613:	GCMCA, Commanding General, Marine Corps Base, Camp Lejeune, North Carolina, 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 20000613 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 states that he never used cocaine. 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 Applicant was found guilty at NJP 000120 for violation of UCMJ, Article 112a, wrongful use of cocaine. At his request, he was administered a polygraph test on 000225 which indicated deception in his responses regarding drug use. On 000509, an administrative board found, by unanimous vote, that the Applicant had committed misconduct due to drug abuse. 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.

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 P1900.16E), effective 31 Jan 97 until 31 August 2001.

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