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

 
ex-PVT, USMC
Docket No. MD04-00573

Applicant’s Request

The application for discharge review was received on 20040224.  The Applicant requested the characterization of service received at the time of discharge be changed to general/under honorable conditions.  The Applicant requests a documentary record review.  The Applicant did not list any representative on his DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041015.  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, authority: MARCORSEPMAN 6210.5.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  I am not making any excuses for my actions, because I know that I acted inappropriately and went about solving problems the wrong way.  After a 2 year period in the Marine Corps the unit was falling apart.  We had a battery gunny sergeant and commanding staff get relieved.  We also had alot of marines try to kill themselves and other marines.  I also started having problems at home.  I had tried requesting leave, but it was denied with all the problems going on.  I tried to make a lat. move three times and they were all denied by my unit.  So I started having stress problems and I seemed like that unit was making it worse.  So I went U.A and smoked marijuana just to try to get out.  I want my discharge changed because I miss all the Marine Corps traditions that existed outside of my unit.

Documentation

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

Applicant’s DD Form 214
Letter from Applicant

PART II - SUMMARY OF SERVICE

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

	Active:    			None			HON
	Inactive: USMCR (J)		970430 - 980623	COG

Period of Service Under Review:

Date of Enlistment:  980624		Date of Discharge:  010312

Length of Service (years, months, days):

	Active:    02  05  29  (Includes lost time.)
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  62

Highest Rank:  LCpl  (MOS:  0811, Field Artillery Cannoneer)

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  *NMA			Conduct:  *NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Marksman Badge

Days of Unauthorized Absence:  (49) 19991117-20000105; (30) 20000901-20001001

*No Marks made available for review.

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:

970213:	Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.

990415:	Counseled for deficiencies in performance and conduct.  [Disobeying rules and regulations by consumption of alcohol under the legal age of 21.  Over consumption of over the counter drug (Motrin) and mixing Motrin and alcohol causing Syncopal episode.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990715:	Not recommended for promotion to LCpl for August 99 period because of lack of judgment on 990415.

991117:	To UA.

991217:	Dropped from roll declared a deserter.

000105:	From UA (49 days).  Surrendered.

000109:	Counseled for deficiencies in performance and conduct.  [The behavior you demonstrated by being UA and a deserter is unacceptable and will not be tolerated.  Disobeying orders, acting irresponsible, and showing a total lack of leadership, maturity and self discipline.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000126:	NJP for violation of UCMJ, Article 86: Was on or about, 0730, 991117 UA from his appointed place of duty until on or about 1920, 000105; violation of UCMJ, Article 85: Was in a desertion status on or about 0730, 991217 until on or about 0730, 000105.
Awarded forfeiture of $537.00 pay per month for 2 months (1 months suspended for 6 months), restriction and extra duties for 45 days, reduction to E-2.  Not appealed.

000404:	Counseled for deficiencies in performance and conduct.  [Being UA on several occasions, being a deserter, and lying to a NCO and a Commissioned Officer.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000417:	NJP for violation of UCMJ, Article 86: Was on or about, 0730, 000331 UA until on or about 1530, 000331.
Awarded forfeiture of $263.00 (7) days pay, restriction and extra duties for 14 days.  Not appealed.

000807:	Counseled for deficiencies in performance and conduct.  [Failure to properly maintain your Military Identification Card and meal card].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000901:	NJP for violation of UCMJ, Article 86: UA 1745 to 2115, 000810; violation of UCMJ, Article 112a: Did on 000831 at an unknown location, wrongfully used marijuana.
Awarded forfeiture of $465.00 pay per month for 2 months, restriction and extra duties for 45 days, reduction to E-1.  Not appealed.

000901:	To UA.

001001:	From UA (30 days).  Apprehended. 

001019:	Counseled for deficiencies in performance and conduct.  [Concerning my illegal drug involvement (the usage of THC) identified through urinalysis confirmed by NAVDRUGLAB JAXFL msg R142039Z Aug 00].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

001019:	Counseled for deficiencies in performance and conduct.  [Failure to obey orders.  Being UA and a deserter.  Failure to obey Bn restriction order by wearing civilian clothes, driving a POV, and not making assigned check ins.  Being UA for over 30 days and being in deserter status.  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

001019:	Counseled for deficiencies in performance and conduct.  [Concerning my illegal drug involvement (the usage of THC) identified through urinalysis confirmed by NAVDRUGLAB JAXFL msg R211405Z Aug 00].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

001120:	Summary Court-Martial.
	Charge I:  violation of the UCMJ, Article 86.
	Specification: Did on or about 000901 without authority absent himself from his organization to wit: 3rd Battalion, 12th Marines, 2d Marine Division located at Marine Corps Base, Camp Lejuene, North Carolina and did remain so absent until on or about 001001. 
	Finding:  to Charge I and the specification thereunder, guilty.
	Sentence:  Forfeiture of $630.00 pay per month for 1 month, restriction for 60 days.
	CA action 001120:  Sentence approved and ordered executed.

010302:	GCMCA [Commanding General, 2d Marine Division] 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 20010312 under other than honorable conditions for misconduct due to drug abuse (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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 (C and D).

Issue 1:  In the Applicant’s case, the Board discovered no impropriety or inequity; thereby, considering his discharge proper and equitable. A service characterization of under other than honorable conditions is warranted when the service member’s conduct constitutes a significant departure from that expected of a member of the United States Marine Corps.  The record is devoid of any evidence the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  The Applicant’s service record is marred by award of nonjudicial punishment (NJP) on three separate occasions and a Summary Court-Martial, for unauthorized absence on several occasions, desertion and illegal drug use.  While he may feel unit turmoil and problems at home were contributing factors, it does not mitigate the Applicant’s disobedience of the orders and directives regulating good order and discipline in the naval service, demonstrating he was unsuitable for further service.  An upgrade to general (under honorable conditions) would be inappropriate.  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 additional documentation to support any claims of post-service accomplishments 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 P1900.16E), effective 31 Jan 97 until 31 August 2001. 

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 “afls14.jag.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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023