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


FOR OFFICIAL USE ONLY


ex-Pvt, USMC
Docket No. MD05-01311

Applicant’s Request

The application for discharge review was received on 20050727. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “MEDICAL.” The Applicant requests a documentary record discharge review. The Applicant designated Department of Veterans Affairs as the representative on the DD Form 293. Subsequent to the application, the Applicant obtained representation from the Disabled American Veterans.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060403. 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 and reason for discharge shall not change. The discharge shall remain as a bad conduct discharge by reason of court-marital.

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“I’m Proud to have served my Country. Proud to be a marine special forces – My Conduct and Behavior when I got back from Desert Storm was DUE to a tottle Break Down. Looking Back I wish I could have done things different – but I was Young and inexperienced War can change you.
The War, My inability to just handles everything. No Support. Caused me to just completely Break down – I had one year left on my 4-year contract. You cant plain for a mental breakdown it just happens. I was a good solder and previous to my discharge-I had no write-ups or problems-I just snapped after the war.
I feel I deserve an honorable discharge or medical. It’s Been 12 years since my exit from the marine corps-I’ve been In and out of hospitals and in therapy the whole time-PTSD is my #1 problem along with high Anxiety- (I have 12 years of my medical files and Records). Since I got out. I’ve stayed out of trouble-know jail-know criminal file at all-I’ve Kept my nose clean-Just Mental trouble-Thanks for Your Time I deserve a second chance [signed] D_ M_(Applicant)”

Additional issues submitted by Applicant’s counsel/representative (Disabled American Veterans):

“Dear Chairperson:

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 the request for a discharge upgrade of the current Bad Conduct discharge to Honorable, with the narrative reason to be changed to Medical.

The FSM served on active service from January 8, 1990 to February 13, 1995 at which time he was discharged as a result of a Court Martial (SPCM) other.

The FSM makes contentions on application and shares his belief that he was a god Marine for all purposes, until he got into a situation / Unit that required more of him intellectually than he could offer. Due to his own immaturity he chose to try and hide his inabilities instead of reporting them. This action caused a slow mental breakdown, due to the harassment by his peers, which eventually erupted into a series of mistakes and poor judgment.

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 Applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174D.

We maintain that the current character of discharge prohibits the FSM from treatment at any VA Medical Center a General discharge would allow for equitable relief for this combat veteran, allowing him to gain access to needed medical treatment with the Department of Veterans Affairs.

We ask for the Board’s careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the Applicant.

Respectfully, ”


Documentation

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

Letter from Veterans Service Center Manager, dtd April 16, 2001 (2)
Letter from Headquarters United States Marine Corps, dtd September 16, 1993
Letter from Disabled American Veterans, dtd October 27, 1004
Decree changing name, dtd June 22, 1995
License and certificate of marriage, issued April 13, 1995
FICA earnings statement
Letter from Santa Fe Community Guidance Center, L_ C_ MA LPCC, dtd June 29, 2005
Statement from Applicant, dtd July 12, 2005 (3 pages)
Character reference from K_ H_, Applicant’s stepmother, dtd July 13, 2005
Social Work assessment, dtd May 24, 2000 (pages 4 and 5)
46 pages of Applicant’s medical record during the periods the Applicant was on appellant leave and after discharge
38 pages from Applicant’s service record
Proposal, dtd July 15, 2005
Two newspaper articles

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PART II - SUMMARY OF SERVICE

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

         Inactive: USMCR (DEP)    19890624 - 19900107      COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 19900108             Date of Discharge: 19950213

Length of Service (years, months, days):

Active: 05 00 11 (excludes lost time)
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: 25 days
         Confinement:              unable to determine

Age at Entry: 19

Years Contracted: 4

Education Level: 12                                 AFQT: 42

Highest Rank: LCpl                                  MOS: 0311

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency: 4.3 (5)                                Conduct: 4.3 (5)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Expert Badge (2awds), Pistol Marksmanship Badge, National Defense Service Medal, Sea Service Deployment Ribbon, Southwest Asia Service Medal (4awds), Combat Action Ribbon, Navy Unit Commendation, Humanitarian Service Medal, Joint Meritorious Unit Award, Kuwait Liberation Medal

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Character, Narrative Reason, and Authority of Discharge (at time of issuance):

BAD CONDUCT DISCHARGE/As a result of a courts-martial (SPCM) - Other, authority: MARCORSEPMAN Par. 1105.

Chronological Listing of Significant Service Events :

890621:  Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.

911105:  Counseling: Advised of deficiencies in performance and conduct (Violation of California Laws specific deficiencies Public Intoxication and involvement of a discreditable nature with military/civilian authorities.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920912:  Applicant to unauthorized absence at 0801 on 920912.

920918:  Applicant from unauthorized absence at 0100 on 920918.

920921:  Applicant to unauthorized absence at 0730 on 920921.

920927:  Applicant from unauthorized absence at 1300 on 920927.

921013:  Applicant to unauthorized absence at 0730 on 921013.

921015:  Applicant from unauthorized absence at 0730 on 921015.

921016:  Counseling: Advised of deficiencies in performance and conduct (Loss of military Identification Card (DD2MC)) and disciplinary warning issued.

921103:  Applicant to unauthorized absence at 0730 on 921103.

921105:  Applicant from unauthorized absence at 1338 on 921105.

921109:  Applicant’s statement.

921204:  Applicant to unauthorized absence at 1300 on 921204.

921209:  Applicant from unauthorized absence at 0730 on 921209.

930126:  Charges preferred for violation of the Uniform Code of Military Justice (UCMJ) Article 86: (6 specifications):
Specification 1: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5 ^th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, on or about 12 September 1992, without authority, absent himself from his organization, to wit: Battalion Landing Team 2/9, 15 ^th Marine Expeditionary Unit, I Marine Expeditionary located Force, located Marine Corps Based, Camp Pendleton, California, and did remain so absent until on or about 18 September 1992.
Specification 2: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5 ^th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, on or about 21 September 1992, without authority, absent himself from his organization, to wit: Battalion Landing Team 2/9, 15 ^th Marine Expeditionary Unit, I Marine Expeditionary Force, located at Marine Corps Base, Camp Pendleton, California, and did remain 27 September 1992.
Specification 3: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine, Recon Company, 5 ^th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, on or about 13 October 1992, without authority, absent himself from his organization, to wit: 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, located at Marine Corps Base, Camp Pendleton, California, and did remain so absent until on or about 15 October 1992.
Specification 4: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, at or about 0730 on 16 October 1992, without authority, fail to go at the time prescribed to his appointed place of duty, to wit: Recon Company office located in building #620589.
Specification 5: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, on or about 3 November 1992, without authority, absent himself from his organization, to wit: 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, located at Marine Corps Base, Camp Pendleton, California, and did remain so absent until on or about 5 November 1992.
Specification 6: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, on or about 4 December 1992, without authority, absent himself from his organization, to wit: 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, located at Marine Corps Base, Camp Pendleton, California, and did remain so absent until on or about 9 December 1992.
Charge II: Violation of the UCMJ, Article 91:
Specification: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, on or about 15 October 1992, was disrespectful in deportment toward First Sergeant R. G_, Jr., U.S. Marine Corps, a superior staff noncommissioned officer, then known by the said Lance Corporal H_(Applicant) to be a superior staff noncommissioned officer, who was then in the execution of his office, by smirking, turning his head from side to side, and rolling his eyes.
Charge III: Violation of the UCMJ, Article 92:
Specification: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, at Marine Corps Base, Camp Pendleton, California, on or about 23 October 1992, violate a lawful general order, to wit: paragraph 2204.2.c, Base Order P5000.2H, dated 10 August 1988, by wrongfully possessing two (2) Armed Forces Identification cards.
Charge IV: Violation of the UCMJ, Article 107 (4 specifications):
Specification 1: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, at Marine Corps Base, Camp Pendleton, California, on or about 9 October 1992, with intent to deceive, sign an official record, to wit: Headquarters Company, 5th Marines Mealcard logbook, which record was totally false, and was then known by the said Lance Corporal H_(Applicant) to be so false.
Specification 2: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, at Marine Corps Base, Camp Pendleton, California, on or about 22 October 1992, with intent to deceive, sign an official record, to wit: Headquarters Company, 5th Marines Mealcard logbook, which record was totally false, and was then known by the said Lance Corporal H_(Applicant) to be so false.
Specification 3: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, at Marine Corps Base, Camp Pendleton, California, on or about 9 October 1992, with intent to deceive, sign an official record, to wit: Headquarters Company, 5th Marines Armed Forces Identification card logbook, which record was totally false, and was then known by the said Lance Corporal H_(Applicant) to be so false.
Specification 4: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, at Marine Corps Base, Camp Pendleton, California, on or about 23 October 1992, with intent to deceive, sign an official record, to wit: Headquarters Company, 5th Marines Armed Forces Identification card logbook, which record was totally false, and was then known by the said Lance Corporal H_(Applicant) to be so false.
Charge V: Violation of the UCMJ, Article 112a (2 specifications):
Specification 1: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, at an unknown location, on or about or between 23 November 1992 to 30 November 1992, wrongfully use amphetamines/ methamphetamines.
Specification 2: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, in the surrounding civilian community of Oceanside, California, on or about 4 December 1992, wrongfully possess some amount of methamphetamine.
Charge VI: Violation of the UCMJ, Article 121:
Specification: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, on or about 3 December 1992, steal one (1) 1986 Ford Escort automobile, of a value in excess of $100.00, the property of Corporal A_ D. M_, U.S. Marine Corps.
Additional Charge: Violation of the UCMJ, Article 112a:
Specification: Wrongfully use methamphetamines on or about or between 5 Dec 92 and 10 Dec 92.

930212:  Charges referred to special court-martial.

930218:  Special Court Martial
         Charge I: violation of the UCMJ, Article 86 (6 specifications):
Specification 1: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5 ^th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, on or about 12 September 1992, without authority, absent himself from his organization, to wit: Battalion Landing Team 2/9, 15 ^th Marine Expeditionary Unit, I Marine Expeditionary located Force, located Marine Corps Based, Camp Pendleton, California, and did remain so absent until on or about 18 September 1992. Plea : Guilty. Finding : Guilty.
Specification 2: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5 ^th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, on or about 21 September 1992, without authority, absent himself from his organization, to wit: Battalion Landing Team 2/9, 15 ^th Marine Expeditionary Unit, I Marine Expeditionary Force, located at Marine Corps Base, Camp Pendleton, California, and did remain 27 September 1992. Plea : Guilty. Finding : Guilty.
Specification 3: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine, Recon Company, 5 ^th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, on or about 13 October 1992, without authority, absent himself from his organization, to wit: 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, located at Marine Corps Base, Camp Pendleton, California, and did remain so absent until on or about 15 October 1992. Plea : Guilty. Finding : Guilty.
Specification 4: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, at or about 0730 on 16 October 1992, without authority, fail to go at the time prescribed to his appointed place of duty, to wit: Recon Company office located in building #620589. Plea : Guilty. Finding : Guilty.
Specification 5: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, on or about 3 November 1992, without authority, absent himself from his organization, to wit: 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, located at Marine Corps Base, Camp Pendleton, California, and did remain so absent until on or about 5 November 1992. Plea : Guilty. Finding : Guilty.
Specification 6: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, on or about 4 December 1992, without authority, absent himself from his organization, to wit: 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, located at Marine Corps Base, Camp Pendleton, California, and did remain so absent until on or about 9 December 1992. Plea : Guilty. Finding : Guilty.
Charge II: Violation of the UCMJ, Article 91:
Specification: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, on or about 15 October 1992, was disrespectful in deportment toward First Sergeant R. G_, Jr., U.S. Marine Corps, a superior staff noncommissioned officer, then known by the said Lance Corporal H_(Applicant) to be a superior staff noncommissioned officer, who was then in the execution of his office, by smirking, turning his head from side to side, and rolling his eyes. Plea : Not Guilty. Finding : Withdrawn.
Charge III: Violation of the UCMJ, Article 92:
Specification: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, at Marine Corps Base, Camp Pendleton, California, on or about 23 October 1992, violate a lawful general order, to wit: paragraph 2204.2.c, Base Order P5000.2H, dated 10 August 1988, by wrongfully possessing two (2) Armed Forces Identification cards. Plea : Not Guilty. Finding : Withdrawn.
Charge IV: Violation of the UCMJ, Article 107 (4 specifications):
Specification 1: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, at Marine Corps Base, Camp Pendleton, California, on or about 9 October 1992, with intent to deceive, sign an official record, to wit: Headquarters Company, 5th Marines Mealcard logbook, which record was totally false, and was then known by the said Lance Corporal H_(Applicant) to be so false. Plea : Not Guilty. Finding : Withdrawn
Specification 2: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, at Marine Corps Base, Camp Pendleton, California, on or about 22 October 1992, with intent to deceive, sign an official record, to wit: Headquarters Company, 5th Marines Mealcard logbook, which record was totally false, and was then known by the said Lance Corporal H_(Applicant) to be so false. Plea : Not Guilty. Finding : Withdrawn.
Specification 3: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, at Marine Corps Base, Camp Pendleton, California, on or about 9 October 1992, with intent to deceive, sign an official record, to wit: Headquarters Company, 5th Marines Armed Forces Identification card logbook, which record was totally false, and was then known by the said Lance Corporal H_(Applicant) to be so false. Plea : Not Guilty. Finding : Withdrawn.
Specification 4: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, at Marine Corps Base, Camp Pendleton, California, on or about 23 October 1992, with intent to deceive, sign an official record, to wit: Headquarters Company, 5th Marines Armed Forces Identification card logbook, which record was totally false, and was then known by the said Lance Corporal H_(Applicant) to be so false. Plea : Not Guilty. Finding : Withdrawn.
Charge V: Violation of the UCMJ, Article 112a (2 specifications):
Specification 1: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, at an unknown location, on or about or between 23 November 1992 to 30 November 1992, wrongfully use amphetamines/ methamphetamines. Plea : Guilty. Finding : Guilty.
Specification 2: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, in the surrounding civilian community of Oceanside, California, on or about 4 December 1992, wrongfully possess some amount of methamphetamine. Plea : Not Guilty. Finding : Withdrawn.
Charge VI: Violation of the UCMJ, Article 121:
Specification: In that Lance Corporal D_ L. H_(Applicant), U.S. Marine Corps, Recon Company, 5th Marines, 1st Marine Division (Rein), Fleet Marine Force, did, on or about 3 December 1992, steal one (1) 1986 Ford Escort automobile, of a value in excess of $100.00, the property of Corporal A_ D. M_, U.S. Marine Corps. Plea : Guilty. Finding : Guilty excepting steal substituting “wrongful appropriation.”
Additional Charge: Violation of the UCMJ, Article 112a:
Specification: Wrongfully use methamphetamines on or about or between 5 Dec 92 and 10 Dec 92. Plea : Guilty. Finding : Guilty.
         Sentence: Confinement for 4 months, forfeiture of $525 per month for 4 months, reduction to E-1, Bad Conduct discharge.
         CA 930726: The sentence approved and ordered executed, except for bad conduct discharge, but execution of that portion of the sentence adjudging confinement in excess of 90 days is suspended for a period of 12 months from the date of trial, at which time, unless sooner vacated, the suspended confinement will be remitted without further action.
         SA: see SSPCMO.

930219:  Applicant to unauthorized absence at 0700 on 930219.

930223:  Applicant from unauthorized absence at 0730 on 930223.

930301:  Applicant to unauthorized absence at 0700 on 930301.

930302:  Applicant from unauthorized absence at 0028 on 930302 (surrendered).

930303:  Applicant found fit for confinement and to confinement.

930305:  Applicant’s request for voluntary appellate leave was approved.

930923:  NC&PB clemency not granted; restoration denied, offer VA treatment.

940421:  NMCCCA: Affirmed findings and sentence.

941229:  Applicant to involuntary appellate leave.

950111:  Letter to Applicant from Commanding Officer, Navy and Marine Corps Appellate Leave Activity offering inpatient treatment at a VA Hospital prior to discharge.

950213:  SSPCMO: Article 71c, UCMJ, having been complied with, Bad Conduct discharge ordered executed.

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PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19950213 with a bad conduct discharge which was the sentence adjudged by a properly convened special court-martial. That sentence was subsequently approved by both the convening and appellate review authorities (A and B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the Applicant’s issues were insufficient to merit clemency (C).

The following is for the edification of the Applicant. With respect to a discharge adjudged by a court-martial case, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed. After a thorough review of the Applicant’s record, issues submitted, and post service documentation, 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. 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. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A. Paragraph 1105, DISCHARGE ADJUDGED BY SENTENCE OF COURTS-MARTIAL , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

B. 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 112a, wrongful use of a controlled substance.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 205(2), Jurisdictional Limitations Authority for Review of Discharges.

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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 “ 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