NAVY | DRB | 2004 Marine | MD04-00748
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) and following statement in supplement to this Applicant’s petition. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Hepatitis Test Results (3 pages) Copy of DD Form 214 VA Claim to NDRB (2 pages) VA Claim Applications...
NAVY | DRB | 2004 Marine | MD04-00749
The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to “administrative.” The Applicant requests a documentary record review. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:None PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive:...
NAVY | DRB | 2004 Marine | MD04-00750
971209: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by wrongful use of marijuana.971209: Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.971209: Commanding officer recommended discharge under other than...
NAVY | DRB | 2004 Marine | MD04-00751
CA 920324: Sentence approved and ordered executed except for the BCD.911106: To confinement, Sentence of SPCM. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19930715 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...
NAVY | DRB | 2004 Marine | MD04-00752
MD04-00752 Applicant’s Request The application for discharge review was received on 20040330. He is pending NJP.”020624: SJA review determined the case sufficient in law and fact.020627: GCMCA, CG, 1 st Marine Division, directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.020701: NJP for violation of UCMJ, Article 112a (1 Spec):Spec 1: In that PVT Jones, did at CamPen, or in civilian community, on or about 020602,...
NAVY | DRB | 2004 Marine | MD04-00753
The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.021209: Applicant requested to waive the administrative discharge board on the condition that he receive a general discharge.030122: CG, III MEF denied Applicant’s conditional waiver of the administrative discharge board.030124: Counseled for...
NAVY | DRB | 2004 Marine | MD04-00754
Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 911025 - 920329 COG Period of Service Under Review :Date of Enlistment: 920330 Date of Discharge: 940819 Length of Service (years, months, days):Active: 02 04 21 Inactive: None After a thorough review of the records,...
NAVY | DRB | 2004 Marine | MD04-00755
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. Chronological Listing of Significant Service Events :930715: Applicant briefed upon and certified understanding of Marine Corps policy...
NAVY | DRB | 2004 Marine | MD04-00757
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 As of this time, the Applicant has not provided sufficient documentation for the Board to consider.
NAVY | DRB | 2004 Marine | MD04-00758
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 (Member 1 and...
NAVY | DRB | 2004 Marine | MD04-00786
Further, the command failed to notify applicant regarding his administrative discharge even though the command had been given the address to contact applicant to permit applicant to exercise his rights during the administrative discharge process. Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNDER OTHER THAN HONORABLE CONDITIONS/Failure to Participate (Reserve not on active duty) (administrative discharge board required but waived); authority: MARCORSEPMAN...
NAVY | DRB | 2004 Marine | MD04-00787
The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Please take this into consideration when you are making your decision.Applicant)” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 1 and 4) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active:...
NAVY | DRB | 2004 Marine | MD04-00788
1105.. PART I - APPLICANT’S ISSUES AND DOCUMENTATION After a thorough review of the Applicant’s record and issues submitted, the Board determined that clemency was not warranted and that the sentence awarded the Applicant at his court-martial was appropriate for the offenses he committed. 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...
NAVY | DRB | 2004 Marine | MD04-00789
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. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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...
NAVY | DRB | 2004 Marine | MD04-00790
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 000307: Applicant notified of intended recommendation for discharge under honorable conditions (general) for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder. 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...
NAVY | DRB | 2004 Marine | MD04-00791
The Applicant requested the characterization of service received at the time of discharge be changed to general/under honorable conditions. CA action 980706: Sentence approved and ordered executed.980710: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by his Summary Court Martial for violation of UCMJ Article 86: failure to go at the time prescribed to your...
NAVY | DRB | 2004 Marine | MD04-00793
MD04-00793 Applicant’s Request The application for discharge review was received on 20040414. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions or uncharacterized. I would like to have my case reviewed and my discharge to be upgraded.
NAVY | DRB | 2004 Marine | MD04-00794
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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. 930330: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to...
NAVY | DRB | 2004 Marine | MD04-00795
The Applicant requested 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. [Your injury (proximal tibia stress fracture), which caused you to be dropped from training on 020821 form TITB.
NAVY | DRB | 2004 Marine | MD04-00796
The applicant reported that he has and would engage in homosexual acts on his personal and private time away from the base and military personnel. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Memorandum from the Assistant Secretary of Defense (Personnel and Readiness), undated DoD Policy on Homosexual Conduct, Training Plan (20 pages) PART II - SUMMARY OF SERVICE Prior Service...
NAVY | DRB | 2004 Marine | MD04-00797
The Applicant requested the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. .” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:None PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None HON Inactive: USMCR (J) 980524 - 980823 COG Period of Service Under Review :Date of Enlistment:...
NAVY | DRB | 2004 Marine | MD04-00798
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant admitted guilt to the following violations of the UCMJ, Article 86: Unauthorized absence from 850716 to 890710 (1455 days).890823: SJA review determined the case sufficient in law and fact.890824: Applicant from confinement.890830: GCMCA [Commanding General, 2d Marine Division, FMF, Camp Lejeune, NC] determined that Applicant had no potential for further service,...
NAVY | DRB | 2004 Marine | MD04-00823
Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.020905: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by your numerous violations of the UCMJ..020906: Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to...
NAVY | DRB | 2004 Marine | MD04-00825
E_ (Applicant). 941213: Applicant discharged 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 (E and F).Issue 1: The Applicant signed a contract with the United States Marine Corps on 900120, while enlisting into the USMCR, that acknowledged his understanding of the requirement to participate in 48 scheduled drills and not less than 14 days of annual training per year for...
NAVY | DRB | 2004 Marine | MD04-00826
The Applicant requested 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. The Applicant’s personal situation does...
NAVY | DRB | 2004 Marine | MD04-00827
MD04-00827 Applicant’s Request The application for discharge review was received on 20040421. I never denied what I did was wrong but I have had to pay for my crime for the past 10- years. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 8 pages for Applicant’s medical record PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active:...
NAVY | DRB | 2004 Marine | MD04-00828
The Applicant requested the characterization of service received at the time of discharge be changed to honorable. Homosexual conduct is grounds for separation from the Marine Corps. Relief not warranted.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 | MD04-00829
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Issues, as stated No issues were submitted by the Applicant.Issues submitted by Applicant’s representative (American Legion):“1.
NAVY | DRB | 2004 Marine | MD04-00830
The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 010726 - 010910 COG Period of Service Under Review :Date of Enlistment: 010911 Date of Discharge: 020823 Length of Service (years, months, days):Active: 00 11 12 (Does not include lost time.) Reenlistment policy of the Marine...
NAVY | DRB | 2004 Marine | MD04-00831
Applicant failed to submit a statement within the authorized 20 day period.921008: Letter of intent to administratively separate under other than honorable conditions for the failure to participate in reserve training was sent via certified mail, return receipt requested. When personally served with the notification of separation proceedings letter, acknowledgement to rights, and the purpose and scope of the BCNR and NDRB on 8 October 1992, PFC M__ indicated that he would gladly sign...
NAVY | DRB | 2004 Marine | MD04-00832
________________________________________________________________________ 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. Necessary corrective actions explained, sources of assistance provided.021206: Applicant informed eligible but not recommended for promotion to Corporal...
NAVY | DRB | 2004 Marine | MD04-00834
MD04-00834 Applicant’s Request The application for discharge review was received on 20040416. The Applicant requests a documentary record discharge review. PART I - APPLICANT’S ISSUES AND DOCUMENTATION
NAVY | DRB | 2004 Marine | MD04-00835
The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. ” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 Ltr frm J_ H_, MD, dated 040325 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 020515 - 021006 COG Period of Service Under...
NAVY | DRB | 2004 Marine | MD04-00836
MD04-00836 Applicant’s Request The application for discharge review was received on 20040421. I have two requests from the discharge review board. (f) (1).As the representative, we ask that consideration be given to equitable relief, as this is also a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174C.
NAVY | DRB | 2004 Marine | MD04-00861
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.
NAVY | DRB | 2004 Marine | MD04-00862
The Applicant requests the characterization of service received at the time of discharge be changed to honorable or 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. You should read Enclosure (5) of the Directive before submitting such a complaint.
NAVY | DRB | 2004 Marine | MD04-00863
The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 020515: GCMCA, CG, MCRD San Diego, CA, directed the Applicant's discharge with an uncharacterized (entry level) convenience of the government. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 20020517 with uncharacterized service by reason of convenience of the government due to condition not a...
NAVY | DRB | 2004 Marine | MD04-00864
MD04-00864 Applicant’s Request The application for discharge review was received on 20040427. _______________________________________________________________________ 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. The Applicant’s Representative states that “this Applicant is...
NAVY | DRB | 2004 Marine | MD04-00865
Additional issues submitted by Applicant’s representative (New Jersey Department of Military & Veterans Affairs): 950124: GCMCA, Commander, 2d Marine Division, directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.
NAVY | DRB | 2004 Marine | MD04-00866
Under current regulations and case law, a finding of fact may infer knowing use of a controlled substance on the part of the Applicant merely on the basis of a positive urinalysis. As of this time, the Applicant has not provided sufficient documentation for the Board to consider. 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 | MD04-00888
The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. As of this time, the Applicant has not provided sufficient documentation for the Board to consider.
NAVY | DRB | 2004 Marine | MD04-00889
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Mandatory processing for separation is required for Marines who abuse illegal drugs. As of this time, the Applicant has not provided sufficient documentation for the Board to consider.
NAVY | DRB | 2004 Marine | MD04-00891
MD04-00891 Applicant’s Request The application for discharge review was received on 20040506. Issues, as stated Applicant’s issues, as stated on the application:“Issue I: Change type of discharge to "Honorable" based on the fact that the positive urinalysis was one isolated incident involving drugs in almost five years.Issue II: Change narrative reason for separation to “Completion of Enlistment”, based on the fact that before acquired leave time was sold back, the vetern would have been...
NAVY | DRB | 2004 Marine | MD04-00892
The Applicant requested the characterization of service received at the time of discharge be changed to honorable. I was also told in Separations class that I should recive honorable.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 1 and 4) DD Form 149, dated October 18, 2001Applicant’s letter to the Board, dated June 29, 2004Six pages from Applicant’s service...
NAVY | DRB | 2004 Marine | MD04-00893
MD04-00893 Applicant’s Request The application for discharge review was received on 20040505. The Applicant requested the characterization of service received at the time of discharge be changed to honorable. Issue 2: Again for the Applicant’s edification, in order to receive a good conduct medal, which the Applicant is not qualified to receive, a Marine must have “3 years of continuous active service.” The Applicant was only in the Marine Corps for seven months and six days, which is well...
NAVY | DRB | 2004 Marine | MD04-00894
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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 Applicant’s service record did not contain any unusual circumstances during his less than two months in the military to warrant a change of discharge.
NAVY | DRB | 2004 Marine | MD04-00895
The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Recommended administrative separation. The Applicant’s service was marred by award of nonjudicial punishment (NJP) for violating orders, assault upon a fellow officer, and conduct unbecoming an officer.
NAVY | DRB | 2004 Marine | MD04-00897
6203.3 PART I - APPLICANT’S ISSUES AND DOCUMENTATION “I was discharged from the United States Marine Corps with a General Under Honorable Conditions Discharge.” 7. _______________________________________________________________________ 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...
NAVY | DRB | 2004 Marine | MD04-00898
PART I - APPLICANT’S ISSUES AND DOCUMENTATION As of this time, the Applicant has not provided any documentation for the Board to consider. 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.
NAVY | DRB | 2004 Marine | MD04-00900
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 20031022 with an entry level separation by reason of...