USMC | DRB | 2009_Marine | MD0900280
The Board determined the characterization of service received, “Under Other Than Honorable Conditions”, was an appropriate characterization considering the length of service and the UCMJ violations involved, and based on the lack of post-service documentation provided an upgrade would be inappropriate.Should the Applicant feel at some later time his post-service conduct is worthy of personally presenting to the NDRB there are organizations, such as the American Legion, Disabled American...
USMC | DRB | 2009_Marine | MD0900287
Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements:From Applicant:From Representation: From Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...
USMC | DRB | 2009_Marine | MD0900288
By a vote of the Narrative Reason shall WEIGHT CONTROL FAILURE.Discussion :().The Applicant contends after 12 plus years of decorated and faithful service, he believes his discharge, due to weight control, does not rate a “General (Under Honorable Conditions)” and his misconduct was due to mitigating circumstances (family issues). The Board determined the characterization of service received, “General (Under Honorable Conditions)”, was an appropriate characterization considering the length...
USMC | DRB | 2009_Marine | MD0900289
Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements:From Applicant:From Representation: From Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...
USMC | DRB | 2009_Marine | MD0900290
However, by unanimous vote, the narrative reason for the discharge, “Condition not a disability” shall remain as issued. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or other medical related reasons.
USMC | DRB | 2009_Marine | MD0900291
Types of Documents Submitted/reviewedRelated to Military Service: DD 214: Service/Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements: From Applicant: From Representation: From Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...
USMC | DRB | 2009_Marine | MD0900292
Without further documentary evidence, the NDRB cannot form a basis of relief.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. ” Additional Reviews :...
USMC | DRB | 2009_Marine | MD0900293
” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons.
USMC | DRB | 2009_Marine | MD0900302
After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : 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...
USMC | DRB | 2009_Marine | MD0900325
The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.The Applicant provided only a statement in his DD Form 293 stating he is “…on the right track for my family since discharge…” While the Board...
USMC | DRB | 2009_Marine | MD0900326
The NDRB is not authorized to consider the Applicant’s upgrade request based on this Issue.The Applicant was referred to a SPCM and the NDRB determined the awarded discharge was appropriate and an upgrade would be inappropriate. The record shows the command acted within regulations and the specifics of the Applicant’s plea agreement; an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record, Discharge Process...
USMC | DRB | 2009_Marine | MD0900327
The NDRB reviewed the Applicant’s concerns as submitted with his DD-293 Form and the following is provided: A. Finally, the NDRB notes the medical records do not indicate the Applicant made any complaints while being examined by military medical officials he sustained abuse or maltreatmentduring recruit training, nor is there any indication the Applicant’s doctor suspected abuse or maltreatment during his examination.The NDRB determined the evidence available does not show the Applicant’s...
USMC | DRB | 2009_Marine | MD0900328
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. The NDRB advises the Applicant that despite a service member’s record of service prior to or following misconduct, certain serious offenseswarrant separation from the Marine Corps in order to maintain good order and discipline—the offenses committed by the Applicant met this standard. ” Additional Reviews : After a document review has been conducted, former members are...
USMC | DRB | 2009_Marine | MD0900329
The Board determined the characterization of service received, “Under Other Than Honorable Conditions”, was an appropriate characterization considering the length of service and the UCMJ violations involved, and based on the lack of post service documentation provided an upgrade would be inappropriate. The NDRB determined the awarded discharge was appropriate and an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of...
USMC | DRB | 2009_Marine | MD0900330
The Applicant should understand he did not receive his discharge as part of the punishment awarded at NJP. While the Board applauds the Applicant’s post service efforts to be a good citizen, the Board determined the evidence of post-service conduct did not support an upgrade. The Board determined the characterization of service received, “General (Under Honorable Conditions)”, was an appropriate characterization considering the length of service and the UCMJ violations involved, and based...
USMC | DRB | 2009_Marine | MD0900331
The Board determined the characterization of service received, “Under Other Than Honorable Conditions”, was an appropriate characterization considering the length of service and the UCMJ violations involved, and based on the lack of post service documentation provided an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record, Discharge Process and evidence submitted by the Applicant, the Board found Pertinent...
USMC | DRB | 2009_Marine | MD0900332
Despite a service member’s prior record of service certain serious offenses, even though isolated, warrant separation from the service to maintain proper order and discipline. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing...
USMC | DRB | 2009_Marine | MD0900333
After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : 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...
USMC | DRB | 2009_Marine | MD0900334
The NDRB determined a change to the Applicant’s discharge would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : 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...
USMC | DRB | 2009_Marine | MD0900335
:(Decisional) () .The Applicant contends his discharge was improper due to his medical condition, which prevented him from attending his drills.He also requested to change his narrative reason for separation to “Secretarial Authority.” In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Applicant did receive and sign his...
USMC | DRB | 2009_Marine | MD0900336
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. Record, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : 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...
USMC | DRB | 2009_Marine | MD0900337
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.The Applicant’s record of service included 6105 counseling warnings.The Applicant was discharged after her request for separation in lieu of a trial by...
USMC | DRB | 2009_Marine | MD0900355
The Board determined the awarded discharge characterization was appropriate and an upgrade wouldbe inappropriate.The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. The Board determined the characterization of service received, “Under Other Than Honorable Conditions”, was an appropriate characterization considering the length of service and the UCMJ violations involved, and based on the limited post service documentation provided an upgrade...
USMC | DRB | 2009_Marine | MD0900356
The Applicant contends his discharge was unjust because he was sent to a SPCM for a charge where there was no evidence against him and the JAG used the Applicant’s prior civilian conviction against him at his hearing. The Board determined the characterization of service received, “Bad Conduct Discharge”, was an appropriate characterization considering the length of service and the UCMJ violations involved, and based on the lack of post service documentation provided, clemency would be...
USMC | DRB | 2009_Marine | MD0900357
The NDRB determined the awarded discharge characterization was appropriate and an upgrade founded upon the Applicant’s record of service would be inappropriate. ” After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : If you believe that the decision in your case is unclear, not responsive to the issues...
USMC | DRB | 2009_Marine | MD0900358
The Marine Corps Separations and Retirement Manual (MCO P1900.16F) directs that Marines separated upon completion of required active service be given a “General (Under Honorable Conditions)” characterization of service when their average proficiency and conduct marks are below 3.0 and 4.0, respectively. The Board determined the characterization of service received, “General (Under Honorable Conditions)”, was an appropriate characterization considering the length of service and the UCMJ...
USMC | DRB | 2009_Marine | MD0900359
Record of service. The NDRB ‘s review found the Applicant’s record of service did not contain any evidence of misconduct or substandard performance and determined the Applicant’s service meets the criteria to warrant an upgrade of his characterization of service to “Honorable.” :The NDRB did not consider this issue since an upgrade is warranted as described under Issue 1. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing,...
USMC | DRB | 2009_Marine | MD0900360
By a vote of the Narrative Reason shall COMPLETION OR REQUIRED ACTIVE SERVICE.Discussion : either which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. The NDRB concurs with the Applicant’s contention his Narrative Reason for Separation should not indicate his discharge was ordered by a Court-Martial; therefore the Narrative Reason should be changed to “Completion of Required Active...
USMC | DRB | 2009_Marine | MD0900361
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Reenlistment opportunity. The NDRB determined clemency was not warranted.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found clemency was not warranted and the sentence awarded the Applicant at his court-martial was appropriate for the...
USMC | DRB | 2009_Marine | MD0900362
The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.The Applicant provided only a statement in his DD Form 293 application claiming employment and non-involvement with civil authorities. ”...
USMC | DRB | 2009_Marine | MD0900363
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Education opportunities. The NDRB determined a discharge upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : If you believe that the decision in your case is...
USMC | DRB | 2009_Marine | MD0900364
The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.The Applicant provided two certificates, one for completion of welding training and the other for “Moral Reconation [sic] Therapy.” He also...
USMC | DRB | 2009_Marine | MD0900387
By a vote of the Narrative Reason shall IN LIEU OF TRIAL BY COURT MARTIAL.Discussion :().The Applicant contends he received “double jeopardy” for traffic violations. Violation of Article 112a is one such offense requiring mandatory separation regardless of time in service or grade. The Board determined the characterization of service received, Under Other Than Honorable Conditions, was an appropriate characterization considering the length of service and the UCMJ violations involved, and...
USMC | DRB | 2009_Marine | MD0900388
Types of Documents Submitted/reviewedRelated to Military Service: DD 214: Service/Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements: From Applicant: From Representation: From Congress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues...
USMC | DRB | 2009_Marine | MD0900389
Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements:From Applicant:From Representation: From Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...
USMC | DRB | 2009_Marine | MD0900390
Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements:From Applicant:From Representation: From Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...
USMC | DRB | 2009_Marine | MD0900391
Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements:From Applicant:From Representation: From Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...
USMC | DRB | 2009_Marine | MD0900392
The Board determined the characterization of service received, “Bad Conduct”, was an appropriate characterization considering the length of service and the UCMJ violations involved, and based on the limited post-service documentation provided,the Board determined this does not meet the high standards required to warrant clemency.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Record of Trial, Discharge Process and...
USMC | DRB | 2009_Marine | MD0900393
Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USMCR (DEP)20030228 - 20030921Active: Period of Service Under Review: Date of Enlistment: 20030922Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20050316Highest Rank:Length of Service: Year Month(s)25 Day(s)Education Level: AFQT:50MOS: 0151Proficiency/Conduct Marks (# of occasions):/Fitness Reports: Awards and Decorations (per DD 214):Rifle Periods...
USMC | DRB | 2009_Marine | MD0900394
The Board determined the characterization of service received, “Under Other Than Honorable Conditions”, was an appropriate characterization considering the length of service and the UCMJ violations involved, and based on the limited post-service documentation provided an upgrade would be inappropriate.The Applicant remains eligible for a personal appearance hearing andis directed to the Addendum, specifically the paragraph concerning Additional Reviews .Should the Applicant feel at some...
USMC | DRB | 2009_Marine | MD0900395
The Board voted 5-0 to upgrade the characterization of the discharge to an “Honorable.” However, by unanimous vote, the narrative reason for the discharge, “Condition not a disability” shall remain as issued. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge. Additionally, the Board has no authority to upgrade a discharge for the...
USMC | DRB | 2009_Marine | MD0900396
The Board determined the characterization of service received, “Bad Conduct Discharge, ” was an appropriate characterization considering the length of service and the UCMJ violation involved, and based on the limited post-service documentation provided clemency would be inappropriate.Should the Applicant obtain additional evidence or post-servicedocumentation she may wish to apply for a personal appearance. After a thorough review of the available evidence, to include the Applicant’s...
USMC | DRB | 2009_Marine | MD0900397
The Applicant’s service medical record, which was reviewed by the NDRB in determining the Applicant’s case, was very limitedin content. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not...
USMC | DRB | 2009_Marine | MD0900398
Types of Documents Submitted/reviewed Related to Military Service: DD 214: Service/Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements: From Applicant: From Representation: From Congress member: Other Documentation: DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...
USMC | DRB | 2009_Marine | MD0900399
By a vote of the Narrative Reason shall MISCONDUCT.Discussion :().The Applicant contends he is entitled to a discharge upgrade because he was not sentenced to discharge at his Summary Court-Martial.In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The NDRB determined a discharge upgrade would be inappropriate.The NDRB is authorized...
USMC | DRB | 2009_Marine | MD0900400
The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case by case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.Besides the Applicants statement on the DD Form 293 there was no post service documentation provided. After a thorough review of the available...
USMC | DRB | 2009_Marine | MD0900401
2.Record of service. The NDRB determined an upgrade would be inappropriate.The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. The Board determined the characterization of service received, “Under Other Than Honorable,” was an appropriate characterization considering the length of service and the UCMJ violation involved.Should the Applicant obtain additional evidence or post-servicedocumentation she may wish to apply for a personal appearance.
USMC | DRB | 2009_Marine | MD0900402
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. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Reenlistment/RE-code : Since the NDRB has no jurisdiction over...
USMC | DRB | 2009_Marine | MD0900403
Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements:From Applicant:From Representation: From Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...
USMC | DRB | 2009_Marine | MD0900404
However, the Applicant is advised completion of these items alone does not guarantee the upgrade of an unfavorable discharge as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service conduct warrants clemency. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record, Discharge Process and DD Form 293 submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures :...