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

FOR OFFICIAL USE ONLY

 ex-Pvt, USMC
Docket No. MD06-00943

Applicant’s Request

The application for discharge review was received on 20060705.  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 20070510.  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.

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PART I - ISSUES AND DOCUMENTATION

Decisional Issues

None Submitted.

Documentation

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

Applicant’s DD Form 214 (Service 6 and State Director of Veterans Affairs 8)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USMCR (DEP)	20011220 - 20020827	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20020828		Date of Discharge:  20030512

Length of Service (years, months, days):

Active:    00  08  15
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  18

Years Contracted:  5

Education Level:  12				AFQT:  56

Highest Rank:  Pvt				MOS:  6074

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (1)				Conduct:  4.3 (1)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  National Defense Service Medal, 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:

011219:	Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.

020828:	Waiver granted for in-DEP marijuana use in June 2002.

030207:	Counseling:  Advised of deficiencies in performance and conduct (Violation of Article 92, failure to obey order or regulation, Article 107, false official statement, of the UCMJ.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

030214:	Counseling:  Advised of deficiencies in performance and conduct (Violation of Article 112a.), advised processing for administrative separation for this misconduct is mandatory, necessary corrective actions explained, sources of assistance provided, advised of disciplinary being taken and discharge warning issued.

030214:	NJP for violation of UCMJ, Article 112a: Did on or about, 030210, at NAMTRA MARUNIT, CPNC, wrongfully use a controlled substance (marijuana).
	Award:  Forfeiture of $575.00 per month for 2 months, restriction and extra duty for 45 days.  Not appealed.

030411:	NJP for violation of UCMJ, Article 86: Did on or about, 030408, at MCAS CPNC, absent yourself from your appointed place of duty at or about 0800, specifically the Cyogenics schoolhouse, without proper authority.
	Award:  Forfeiture of $575.00 per month for 1 month, restriction for 60 days.  Forfeiture suspended for 6 months.  Appealed 030416.  Appeal denied 030512.

030411:	Counseling:  Advised of deficiencies in performance and conduct (Violation of Article 86, unauthorized absence.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

030512:	DD Form 214:  Applicant discharged under other than honorable conditions by reason of misconduct due to drug abuse, authority:  MARCORSEPMAN 6210.5.

Service Record Book did not contain the Administrative Discharge package.  

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion	

The Applicant was discharged on 20030512 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 Board presumed regularity in the conduct of governmental affairs (D).

The Applicant is requesting a discharge characterization upgrade to honorable.  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 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’s service was further marred by the award of nonjudicial punishment (NJP) on 2 occasions for violations of the Uniform Code of Military Justice (UCMJ).  The Applicant’s misconduct also included unauthorized absence.  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 and falls far short of that required for an upgrade of his characterization of service.  An upgrade to honorable would be inappropriate.  Relief is therefore denied.

The Applicant is attempting to reenlist and is requesting a discharge characterization upgrade and a RE-code change.  Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the 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 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.  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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 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