NAVY | DRB | 2004 Marine | MD04-00545
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.981008: GCMCA , CG, MCAGCC Twentynine Palms, CA directed the Applicant's discharge under honorable conditions (general) for convenience of the government due to a personality disorder.981009: Counseled: Applicant informed by CO that he is not recommended for...
NAVY | DRB | 2004 Marine | MD04-00546
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant’s service was marred by two nonjudicial punishment proceedings and a summary court martial for nine violations of Articles 86 and 92 of the UCMJ. The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board.
NAVY | DRB | 2004 Marine | MD04-00547
PART I - APPLICANT’S ISSUES AND DOCUMENTATION Chronological Listing of Significant Service Events :871124: NJP for violation of UCMJ, Article 92: Failure to obey an order/regulation.Awarded forfeiture of $150.00 per month for 2 months, restriction and extra duties for 30 das. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article [ e.g., Article...
NAVY | DRB | 2004 Marine | MD04-00548
MD04-00548 Applicant’s Request The application for discharge review was received on 20040212. PART I - APPLICANT’S ISSUES AND DOCUMENTATION The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 123a, checks, intent to deceive.C.
NAVY | DRB | 2004 Marine | MD04-00549
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing. The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.
NAVY | DRB | 2004 Marine | MD04-00550
The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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. Not appealed.980626: Applicant discharge under other than honorable conditions by reason of misconduct due to drug abuse per MARCORSEPMAN par...
NAVY | DRB | 2004 Marine | MD04-00560
The Applicant requests a documentary record discharge review. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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.
NAVY | DRB | 2004 Marine | MD04-00561
The boards decision to upgrade my discharge will help me in getting the opportunity to do just that.Regards,A_D_ (Applicant)” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 000906 - 001010 COG Period of Service Under Review :Date of Enlistment: 001011 Date of...
NAVY | DRB | 2004 Marine | MD04-00562
MD04-00562 Applicant’s Request The application for discharge review was received on 20040220. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Once home, Mr. M_ (Applicant) decided that absenting himself from the Marine Corps was the only way in which he could effectively attend to his family’s needs.This Board should note that Mr. M_ (Applicant) never attempted to evade the Marine Corps.
NAVY | DRB | 2004 Marine | MD04-00563
CA 950203: Sentence approved and, except for the bad conduct discharge, ordered executed, but the execution of that portion of the sentence adjudging confinement in excess of 90 days is suspended for a period of 12 months from date of this action, at which time, unless sooner vacated, the suspended confinement will be remitted without further action. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or...
NAVY | DRB | 2004 Marine | MD04-00564
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:14 pages from Applicant’s medical record PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: Inactive: USMCR(J) 980724 - 981025 COG Period of Service Under Review :Date of Enlistment: 981026 Date of...
NAVY | DRB | 2004 Marine | MD04-00571
The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.000606: NJP for violation of UCMJ, Article 134: On 000531 wrongfully communicated a threat to PFC D_, LCpl V_, LCpl C_, and LCpl F_, by threatening to kill them with rounds issued at...
NAVY | DRB | 2004 Marine | MD04-00572
Issues, as stated Issues submitted by Applicant’s counsel/representative (AMERICAN LEGION): Equity Issue: Pursuant to 10 USC 874 (b) (UCMJ, Article 74) and in accordance with SECNAVINST 5420.174D, part V, paragraph 503 this former member requests the Board’s clemency relief with up-grade of his characterization of service on the basis of his post-service conduct. _______________________________________________________________________In accordance with 32 C.F.R., section 724.166, and...
NAVY | DRB | 2004 Marine | MD04-00573
The Applicant requested the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning...
NAVY | DRB | 2004 Marine | MD04-00574
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.020313: Counseled regarding deficiencies, specifically, failure to adhere to rules and regulations (Applicant was UA from Early Crew at the ASP. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning...
NAVY | DRB | 2004 Marine | MD04-00575
DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-PVT, USMCDocket No. MD04-00575 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 honorable.
NAVY | DRB | 2004 Marine | MD04-00597
Applicant ’s second assignment.020515: Counseled concerning deficiency, specifically, unsatisfactory performance while assigned to the Marine Corps weight control program as evidenced by continued weight gain and only minimal weight loss, failure to adhere to my diet and weight loss plan, advise of assistance available and corrective actions. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was...
NAVY | DRB | 2004 Marine | MD04-00598
DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-Pvt, USMC Docket No. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. “I J_ A_ B_ (Applicant) request permission from the Department of Affairs to upgrade my discharge to a General or RE-3 reentry code, so I can join the National Guard.
NAVY | DRB | 2004 Marine | MD04-00599
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant’s enlistment contract documents admission of pre-service marijuana experimentation. 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.
NAVY | DRB | 2004 Marine | MD04-00600
The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. ________________________________________________________________________ In accordance with 32 C.F.R., section 724.166 and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to this Applicant’s petition. ...
NAVY | DRB | 2004 Marine | MD04-00601
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. _______________________________________________________________________ In accordance with 32 C.F.R., section 724.166 and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to this Applicant’s petition. If processing is based solely upon...
NAVY | DRB | 2004 Marine | MD04-00602
In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 20021010 with a general (under honorable conditions) by reason of convenience of the government due to condition not a disability (A). The Board found that in the Applicant’s case, the characterization of...
NAVY | DRB | 2004 Marine | MD04-00603
MD04-00603 Applicant’s Request The application for discharge review was received on 20040225. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. PART I - APPLICANT’S ISSUES AND DOCUMENTATION
NAVY | DRB | 2004 Marine | MD04-00605
The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 20011228 under other than honorable conditions for misconduct due to drug abuse (A). 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...
NAVY | DRB | 2004 Marine | MD04-00606
_______________________________________________________________________ In accordance with 32 C.F.R., section 724.166 and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to this Applicant’s petition. To that end, we rest assured that the NDRB’s final decision will reflect sound equitable principles consistent in law, regulation, policy and discretion as...
NAVY | DRB | 2004 Marine | MD04-00607
The Board will determine which reason for discharge should have been assigned based upon the facts and circumstances before the Board, including the service regulations governing the reasons for discharge at that time, to determine whether relief is warranted. As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the...
NAVY | DRB | 2004 Marine | MD04-00608
MD04-00608 Applicant’s Request The application for discharge review was received on 20040225. “I would like the Board to review my reentry code. I would like the Review board to review my reentry code and upgrade it so that I may reenlist.
NAVY | DRB | 2004 Marine | MD04-00630
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. During that inspection LCpl B_ blew in a breathalyzer with a result of .06. The NDRB is authorized, however, 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.
NAVY | DRB | 2004 Marine | MD04-00631
MD04-00631 Applicant’s Request The application for discharge review was received on 20030303. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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. Navy and falls far short of that required for an upgrade of his characterization of service.
NAVY | DRB | 2004 Marine | MD04-00632
MD04-00632 Applicant’s Request The application for discharge review was received on 20040302. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 20021106 with a bad conduct discharge which was the sentence adjudged by a properly convened special court-martial. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation...
NAVY | DRB | 2004 Marine | MD04-00633
PART I - APPLICANT’S ISSUES AND DOCUMENTATION “After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current Under Other Than Honorable Conditions discharge to Honorable.The FSM served on active service from December 2, 1995 to April 9, 1999 at which...
NAVY | DRB | 2004 Marine | MD04-00634
MD04-00634 Applicant’s Request The application for discharge review was received on 20040303. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Even though I received my punishment during my NJP.
NAVY | DRB | 2004 Marine | MD04-00637
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. When the service of a member of the U.S. Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable.
NAVY | DRB | 2004 Marine | MD04-00660
Pvt H_ (Applicant) was not unfairly given a Bad Conduct Discharge for this charge. Mr. H_ (Applicant) understands that he will never be able to make up for his lost time in the Marine Corps, however now its time we focus on the future. [Microfiche unreadable]980718: GCMCA [Commander, Marine Corps Base Hawaii] directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.980813: Special Court-Martial.
NAVY | DRB | 2004 Marine | MD04-00661
The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing. As of this time, the Applicant has not provided any documentation for the Board to consider.
NAVY | DRB | 2004 Marine | MD04-00662
Appeal denied 910708.910724: Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions and misconduct due to drug abuse. The applicant’s misconduct warranted separation for misconduct due to minor disciplinary infractions and is clearly documented in the service record. The Applicant’s service record is marred by award of nonjudicial punishment (NJP) for illegal drug use in addition to two separate...
NAVY | DRB | 2004 Marine | MD04-00663
MD04-00663 Applicant’s Request The application for discharge review was received on 20040309. 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. Not appealed.000807: Commanding Officer recommended discharge under other than honorable conditions by reason of defective enlistment and induction due to a fraudulent entry into the...
NAVY | DRB | 2004 Marine | MD04-00664
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19970929 with a general (under honorable conditions) due to unsatisfactory performance due to weight control failure. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper...
NAVY | DRB | 2004 Marine | MD04-00678
DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT ex-PFC, USMC Docket No. The Applicant requested the characterization of service received at the time of discharge changed to honorable. Issues, as stated Issues presented by the Applicant’s American Legion representative supersede those listed on the original application:1 (Equity) Family problems, father’s illness and death, contributed to and mitigate misconduct.
NAVY | DRB | 2004 Marine | MD04-00679
MD04-00679 Applicant’s Request The application for discharge review was received on 20040315. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces, nor can reenlistment serve as a basis for which the Board grants relief.
NAVY | DRB | 2004 Marine | MD04-00680
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. My medical records will show that prior to enlistment my physical condition was prime and prior to discharge it was less than acceptable for Marine Corps standards, which is why I was discharged (because of service connected disabilities) I now receive 20% compensation.” Documentation In addition to the service record, the following additional documentation, submitted by the...
NAVY | DRB | 2004 Marine | MD04-00682
“I contend that my Other Than Honorable Discharge should be upgraded to General Under Honorable Conditions and that the narrative reason of for separation be changed from Misconduct Due To A Pattern Of Misconduct to Weight Control Failure. Not appealed.981106: Vacate suspended forfeiture awarded at CO’s NJP dated 981001.981111: NJP for violation of UCMJ, Article 86:Specification: Absent from appointed place of duty on 0600, 981016.Awarded forfeiture of $591.00 per month for 2 months,...
NAVY | DRB | 2004 Marine | MD04-00683
Please find attached letter from the Battalion Surgeon, C_ B_ D_ regarding the recommendation that my separation should be listed as “erroneous enlistment due to pre-existing medical condition.” Psychiatrist recommends administrative separation for erroneous enlistment due to a pre-existing medical condition: bulimia nervosa, that was disclosed at the time of enlistment. The Applicant’s Commanding Officer recommended the Applicant be discharged by reason of erroneous enlistment.
NAVY | DRB | 2004 Marine | MD04-00690
MD04-00690 Applicant’s Request The application for discharge review was received on 20040322. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review.
NAVY | DRB | 2004 Marine | MD04-00712
MD04-00712 Applicant’s Request The application for discharge review was received on 20040324. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests a documentary record discharge review.
NAVY | DRB | 2004 Marine | MD04-00713
000119: 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 the misconduct warranted separation, and recommended discharge general (under honorable conditions). PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 20000204 with a general (under honorable conditions) for misconduct due to drug abuse (A). Mandatory...
NAVY | DRB | 2004 Marine | MD04-00714
Spec 1: Disorderly conduct. On 20030212, the Applicant’s Battalion Commander recommended that the Applicant be “separated with a general (under honorable conditions), characterization of service, by convenience of the government due to a personality disorder”. In cases where no other reason for separation set forth in the Naval Military Personnel Manual is appropriate, but where separation of a member is considered to be in the best interest of the service, the Secretary of the Navy has...
NAVY | DRB | 2004 Marine | MD04-00715
MD04-00715 Applicant’s Request The application for discharge review was received on 20040324. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 86, unauthorized absence; Article 90, disobeyed a commissioned officer; Article 107,...
NAVY | DRB | 2004 Marine | MD04-00716
Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Letter from Applicant PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USMC None Inactive: USMCR(J) 921130 - 930201 COG Period of Service Under Review :Date of Enlistment: 930202 Date of Discharge: 951222 Length of Service (years, months, days):Active: 02 10 21 Inactive: None PART III – RATIONALE FOR DECISION...
NAVY | DRB | 2004 Marine | MD04-00717
MD04-00717 Applicant’s Request The application for discharge review was received on 20040325. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. _______________________________________________________________________ In accordance with 32 C.F.R., section 724.166 and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following...