Search Decisions

Decision Text

USMC | DRB | 2007_Marine | MD0700156
Original file (MD0700156.rtf) Auto-classification: Denied
ex-, USMC
MD07-00156
Current Discharge and Applicant’s Request
Application Received: 20061114   Characterization Received: OTHER THAN HONORABLE
Narrative Reason: MISCONDUCT              Authority: MARCORSEPMAN 6210.3

 Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. Employment opportunities
                           2. Medical Benefits
                           3. Immature at time of Service

Decision

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

Date: 20 0709 12      Location: Washington D.C. The Board found that

Discussion

 Issue s 1 - 2 : 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 Applicant is directed to the Addendum regarding .

Issue 3: ( ). The Applicant contends that his problems were attributed to his immaturity. While he may feel that this was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. An under other than honorable conditions discharge is warranted when a pattern of significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s service was marred by two retention warning s and three nonjudicial punishments (NJP) for violation of Article 86 [Unauthorized Absence (seven specifications) ] and violation of Article 134 (Drunkeness-incapacitating oneself for performance of duties through prior indulgence in intoxicating li quor) . An upgrade to honorable would be inappropriate.

.




Summary of Service

Prior Service:
 Inactive: USMCR (DEP)     19990730 - 20000820     Active:
Period of Service Under Review:
 Date of Enlistment: 20000821               Years Contracted :        Date of Discharge: 20030210
Length of Service : 02 Yrs 05 Mths 10 D ys          Lost Time : Days UA: Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 31          MOS: 3381 Highest Rank:
Proficiency/Conduct marks (# of occasions):      3.8 ( 7 ) / 3.8 ( 7 )     Fitness reports :
Awards and Decorations ( per DD 214): NATIONAL SERVICE DEFENSE MEDAL, LETTER OF APPRECIATION, RIFLE MARKSMAN BADGE

Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge

 20010129:        MARCORSEPMAN 6105 counseling for lost your ID card.

20000222:        CO's NJP -- Viol UCMJ Art. 86 - Fail to go to appointed place of duty.
         Awarded - - FOP ( $300.00 ) for ( 1 month); Restr for ( 14 days); Extra duties ( 14 days). FOP suspended for 3 months.

20020222:        MARCORSEPMAN 6105 counseling for recent violations of Article 86, which resulted in nonjudicial punishment on 20020222. Failure to take corrective actions could result in an Administrative Separation or NJP.

20020913:        CO's NJP -- Viol UCMJ Art. 86 (2 specs) - (1) Absent from appointed place of duty, (2) Absent from appointed place of duty .
         Awarded - - FOP ( $619.00 ) for ( 2 months); RIR ( E-2 ); CCU for ( 30 days).
20020916:        Applicant to confinement.

 20021015:        MARCORSEPMAN 6105 counseling for my NJP on 20020915 for violation of Article 86 (2X) unauthorized absent. You failed to report to your place of duty Mess hall 620 at 0600 on 20020811 and remain absent until 0715 20020822. You were also unauthorized absence from Mess hall 620 at 0400 on 20020812 and remain absent until 0715 20020812. Failure to take corrective actions could result in an Administrative Separation or limit further service.

20021219 :        CO's NJP -- Viol UCMJ Art. 86 (4 specs) - (1) Absent from appointed place of duty, (2) Absent from appointed place of duty, (3) Absent from appointed place of duty, (4) Absent from appointed place of duty. Art. 134 - Wrongful previous overindulgence in intoxicating liquor - incapacitated for proper performance of duties.
         Awarded - - FOP ( $552.00 ) for ( 2 months); RIR ( E-1 ); Restr for ( 45 days); Extra duties ( 45 days). FOP suspended for 6 months.



Discharge Process

 Date Notified:   20030110
Basis for Discharge:      DUE TO:
Least Favorable Characterization:       
Commanding Officer’s Intended Recommendation:   

Date Applicant Responded to Notification:                  20030114
Rights Elected at Notification:
         Consult with Counsel                      
         Obtain Copies of Documents               
         Submit Statement(s) (date)                        
         Administrative Board                      

Commanding Officer Recommendation (date):        ( 20030114 )
SJA review (date):       ( 20030122 )
Separation Authority (date):     COMMANDING GENERAL, MCRD/WRR SAN DIEGO ( 20030127 )
 Basis for discharge directed:   DUE TO:
Characterization directed:     
Date Applicant Discharged:       20030210





Types of Documents Submitted by Applicant and Considered By Board

 Related to Military Service:      Service and/or Medical Record:            Other Records:

Related to Post-Service Period:         
         Employment:                        Finances:                          Education:               
         Health/Medical Records:                   Substance Abuse:                           Criminal Records:       
         Family/Personal Status:                   Community Service:                References:              
        
Additional Statements From Applicant:    From Representative:
Other Documentation (Describe)      

Pertinent Regulation/Law

 A. Paragraph 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective
1 Sep tember 2001 until Present.

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 .



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 to the Joint Service Review Activity , OUSD (P&R) PI-LP , The Pentagon , Washington, DC 20301-4000 . 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, provi ded 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 grante d 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

  • USMC | DRB | 2007_Marine | MD0700570

    Original file (MD0700570.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to:Narrative Reason change to: Applicant’s Issues:None submitted. 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 Summary of Service Prior Service: Inactive: USMCR (DEP)19930312 - 19940123Active: Period of Service Under Review: Date of Enlistment: 19940124Years Contracted:; Extension:...

  • USMC | DRB | 2007_Marine | MD0700516

    Original file (MD0700516.rtf) Auto-classification: Denied

    Absent any documentation provided by the Applicant for the Board to consider, the Board determined that the Applicant’s service record did notmitigate the misconduct that resulted in the characterization of discharge.An upgrade would be inappropriate.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...

  • USMC | DRB | 2007_Marine | MD0701052

    Original file (MD0701052.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 a five discharge warnings and four nonjudicial punishments for violations of UCMJ Article(s) 86 and 92. ” 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. ...

  • USMC | DRB | 2007_Marine | MD0701093

    Original file (MD0701093.rtf) Auto-classification: Denied

    The Board determined that the documentation provided by the Applicant did not mitigate the circumstances that resulted in the characterization of discharge.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. 20050318: Vacate FOP for 1 month, Restr and Extra duties for 45 days awarded at NJP dated 20050116.20050331: MARCORSEPMAN 6105...

  • USMC | DRB | 2007_Marine | MD0700261

    Original file (MD0700261.rtf) Auto-classification: Denied

    Discharge Process Date Notified: 19930428Basis for Discharge: DUE TO Least Favorable Characterization: Commanding Officer’s Intended Recommendation: Date Applicant Responded to Notification:19930428Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) Administrative Board Commanding Officer Recommendation (date): (19930428) SJA review (date): (19930518) Separation Authority (date): COMMANDER, 2D MARINE DIVISION(19930519) Basis for...

  • USMC | DRB | 2007_Marine | MD0700714

    Original file (MD0700714.rtf) Auto-classification: Denied

    By a vote of the Narrative Reason shall MISCONDUCT Date: 20071205Location:Washington D.C.Representation: Discussion Issue 1: 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. 20031201 Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) Administrative Board Commanding Officer Recommendation (date): (20040104) SJA...

  • USMC | DRB | 2007_Marine | MD0700452

    Original file (MD0700452.rtf) Auto-classification: Denied

    Service Record 5. 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 Summary of Service Prior Service: Inactive: USMCR (DEP)19960731 - 19960903Active: Period of Service Under Review: Date of Enlistment: 19960904Years Contracted:Date of Discharge:20000824 Length of Service: 03 Yrs 11Mths21 DysLost Time:Days UA: Days Confined:...

  • USMC | DRB | 2007_Marine | MD0700324

    Original file (MD0700324.rtf) Auto-classification: Denied

    The Applicant’s service was marred by two discharge warnings and four nonjudicial punishments for a violations of UCMJ Article(s) 86, Unauthorized absence and 92, Failure to obey order, regulation. 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 Summary of Service Prior Service: Inactive: USMCR (DEP)20010220 - 20010827 Period...

  • USMC | DRB | 2007_Marine | MD0701101

    Original file (MD0701101.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 tworetention warnings and two nonjudicial punishments (NJP) for a violations of Uniform Code of Military Justice (UCMJ), Article 86 {Unauthorized absence (more than 30 days)] and Article 134 (Breaking restriction). After a thorough review of the available evidence, to include the Applicant’s Summary of Service,...

  • USMC | DRB | 2007_Marine | MD0700379

    Original file (MD0700379.rtf) Auto-classification: Denied

    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 Summary of Service Prior Service: Inactive: USMCR (DEP)20000625 - 20010605Active: Period of Service Under Review: Date of Enlistment: 20010606Years Contracted:Date of Discharge:20050317 Length of Service: 03 Yrs 09Mths12 DysLost Time:Days UA: Days Confined: Education Level: Age at...