Upgrade.Vet

USMC | DRB | 2006_Marine | MD0601192

Original file (MD0601192.rtf) Auto-classification: Denied

ex-, USMC
MD06-01192

Current Discharge and Applicant’s Request:

Application Received:                               20 060912
Characterization of Service:
Narrative Reason for Separation:
Discharge Authority :                                MARCORSEPMAN 6210.6
Last Duty Assignment/ Command at Discharge:       1 ^st maintbn, 1 ^st fssf, campen, ca

Applicant’s Request:
         Characterization change to:
         Narrative Reason change to:
         Review Requested:
Representation:

Applicant’s issues:
1. Request upgrade due to acquittal of civilian charges.

Decision:

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall .

Date of Decision:                                            20 070809
Location of Board:                                  Washington D.C.
Complete Service Record:
Complete Medical Record:
Complete Discharge Package:

Regarding propriety, the Board found the discharge:
Regarding equity, the Board found the discharge:

Issue 1 ( ). Commission of a serious offense does not require adjudication by nonjudicial, judicial proceedings or civilian conviction; however, the offense must be substantiated by a preponderance of evidence. The statements and documents provided by the Applicant do not refute the presumption of regularity in this case. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his action. The Applicant was provided the opportunity to present his case before an administrative board, but waived that right, thus accepting the discharge recommended in the letter of notification.

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. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

Summary of Service:

Prior Service:
Inactive: USMCR (DEP)                               19980217 - 19980302
Active:

Period of Service Under Review:
Date of Enlistment:                                 19980303
Years Contracted :
Date of Discharge:                                  20000708
Length of Service
         Active:                                     02 Yrs 04 Mths 06 D ys (Does not exclude lost time)

Time Lost During This Period:
Days UA:                                             NONE
Days Confinement:                                   NONE

Education Level:
Age at this Enlistment:
AFQT:                                                 49
MOS:                                                  0161
Highest Rank:

Proficiency/Conduct marks (# of occasions):               4.5 (5) / 4.5 (5)

Awards and Decorations (as listed on the DD Form 214):   MERITORIOUS MAST, RIFLE MARKSMAN BADGE

Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

200 0 0504:        Applicant arrested and charged by San Diego Police with assault on a child/force likely to produce great bodily injury, resulting in death and a misdemeanor of cruelty to child by endangering health.

20000515:        Applicant waived administrative discharge board.

Elements of Discharge: [INVOLUNTARY]

Discharge Process:
Date Notified:                                       20000512
Basis for Discharge:     due to:
Least Favorable Characterization:
Commanding Officer’s Intended Recommendation:

Date Applicant Responded to Notification:                 20000515
Rights Elected at Notification:
         Consult with Counsel
         Obtain Copies of Documents
         Submit Statement(s) (date)                ELECTED
         Administrative Board

Commanding Officer Recommendation (date):        ( 20000519 )
SJA review (date):                                  ( 20000615 )
Separation Authority (date):     COMMANDER, MARINE CORPS BASE WESTERN AREA ( 20000616 )
Narrative Reason directed:
Characterization directed:
Date Applicant Discharged:                         20000708

Additional Information Considered by Board

Type of d ocumentation submitted by t he Applicant and considered by the Board

        Document Type                                        #Pages
Related to Period of Service Under Review :
         Service/Medical Record :                            1
         Other Period of Service:                                    0
Related to Post-Service Period:
         Community Service :                                   0
         Education :                                           0
         Employment :                                          0
         Health /Medical :                                     0
         Character Statements:                               0
         Criminal Records Checks:                                    0
         Additional Statements from Applicant:             0
Other Documentation (Describe Below)                      2

Total Number of Pages:                            3

D escription of Other Documentation:
        Superior Court of California decision
         Superior Court of California verdict

Pertinent Regulation/Law

A. The Marine Corps Separation and Retirement Manual, (MCO P1900. 16E ), paragraph 6210.6 , effective 950818 until 010831.

B . Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II , Para 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Para 503, Equity.

C. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a civil cour t for violation of California Penal Code 273ab Assault on a child/force likely to produce great bodily injury, resulting in death, and a misdemeanor violation of the California Penal code 273a (b). Cruelty to child by endangering health..

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 Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil . ”

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. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge. Representation at a personal appearance hearing is recommended but not required. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits: The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board. 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.

Employmen t / Educational Opportunities : The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.

Reenlistment/RE-code: Since 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. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.” Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. The NDRB is authorized 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. Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a court-martial, 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.

Board Membership: 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

Similar Decisions

NAVY | DRB | 2011_Navy | ND1101343

Original file (ND1101343.rtf) Auto-classification: Denied

Upon conclusion of the hearing, the Senior Member of the ASB forwarded the findings to the Applicant’s Commanding Officer as follows: (By 3-0 vote) via a preponderance of the evidence, the Applicant committed Misconduct- Serious Offense and Misconduct- Civil Conviction; (By 3-0 vote) the Applicant should be separated from the Navy; (By 3-0 vote) the Applicant should receive an Under Other Than Honorable Conditions discharge due to Misconduct.The Applicant was separated from the Navy on 28...
NAVY | DRB | 2012_Navy | ND1201569

Original file (ND1201569.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.In reviewing discharges, the Board presumes regularity in the...
USMC | DRB | 2010_Marine | MD1001149

Original file (MD1001149.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)20021003 - 20030526Active: Period of Service Under Review: Date of Current Enlistment: 20030527Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20070724Highest Rank:Length of Service: Year(s)Month(s)28 Day(s)Education Level: AFQT:45MOS: 0612Proficiency/Conduct Marks (# of occasions):()/()Fitness Reports: Awards and Decorations (per DD...
USMC | DRB | 2007_Marine | MD0700262

Original file (MD0700262.rtf) Auto-classification: Denied

Certain serious offenses, even though isolated, warrant separation from the Naval service in order to maintain proper order and discipline.The Applicant’s service was marred by one nonjudicial punishment for violating the UCMJ Article 81 and 92 and one felony conviction for DUI with injury. ” 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...
USMC | DRB | 2007_Marine | MD0700298

Original file (MD0700298.rtf) Auto-classification: Denied

The record clearly documents that this misconduct was the reason the Applicant was discharged. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that Administrative Corrections to the Applicant’s DD 214 The NDRB did note administrative error(s) on the original DD Form 214: “930125 ” “ UNDER OTHER THAN HONORABLE...
NAVY | DRB | 2014_Navy | ND1400089

Original file (ND1400089.rtf) Auto-classification: Denied

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: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...
USMC | DRB | 2015_Marine | MD1500229

Original file (MD1500229.rtf) Auto-classification: Denied

The Applicant’s record of service included 6105 counseling warnings, arrest for annoying and molesting a child, and civilian conviction for indecent exposure to a minor. ” 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. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of...
USMC | DRB | 2015_Marine | MD1501095

Original file (MD1501095.rtf) Auto-classification: Denied

Based on the offenses committed by the Applicant, his command administratively processed him for separation. ” 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. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits and this issue does not serve to...
USMC | DRB | 2013_Marine | MD1300523

Original file (MD1300523.pdf) Auto-classification: Denied

MD13-00523 ex-LCpl, USMC CURRENT DISCHARGE AND APPLICANT’S REQUEST Application Received: 20130111 Characterization of Service Received: (per DD 214) GENERAL (UNDER HONORABLE CONDITIONS) Narrative Reason for Discharge: (corrected) MISCONDUCT Authority for Discharge: (corrected) MARCORSEPMAN 6210.6 [COMMISSION OF A SERIOUS OFFENSE] Applicant’s Request: Characterization change to: HONORABLE Narrative Reason change to: NONE REQUESTED SUMMARY OF SERVICE Prior Service: Inactive: USMCR (DEP)...
USMC | DRB | 2009_Marine | MD0901318

Original file (MD0901318.doc) Auto-classification: Denied

ex-, USMC Current Discharge and Applicant’s Request Application Received: 20090416 Characterization of Service Received: Narrative Reason for Discharge: Authority for Discharge: MARCORSEPMAN Applicant’s Request: Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USMCR (DEP) 20040223 - 20040907 Active: Period of Service Under Review: Date of Enlistment: 20040908 Age at Enlistment: Period of Current Enlistment: Years Months Date of Discharge:...

Search Decisions

Decision Text

USMC | DRB | 2006_Marine | MD0601192

Similar Decisions