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USMC | DRB | 2007_Marine | MD0700357
Original file (MD0700357.rtf) Auto-classification: Denied
ex-, USMC
MD07-00357
Current Discharge and Applicant’s Request
Application Received: 20070119                                       Characterization Received:
Narrative Reason: Invol Dis. Entry level performance and conduct                  Authority: MARCORSEPMAN 6205

 Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. Enlist in MD Air National Guard
                           2. Abused by DI
                           3. Post-service conduct

Decision

 By a vote of the Characterization shall .     
By a vote of the Narrative Reason shall ENTRY LEVEL PERFORMANCE AND CONDUCT.

Date: 20 071011                                               Location: Washington D.C.

Discussion

 Issue(s) 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. The Applicant is directed to the Addendum regarding .

Issue 2 ( ). The Applicant alleges that he sought to be discharged due to abuse from his drill instructor, and therefore provided false information to medical authorities. The government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue. There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that he was abused during boot camp. The Applicant’s statements alone do not overcome the government’s presumption of regularity in this case. Further, and in contradiction to his claim to the NDRB, the Applicant certified in writing at the time of his discharge that he had not been abused in boot camp. The Board determined that the Applicant’s claim was not credible.

Issue 3 ( ). 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 the service. The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate and that the evidence of post-service conduct was found insufficient to warrant an upgrade. For the Applicant’s edification, per Marine Corps regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are in an entry-level status and are eligible for an uncharacterized characterization of service. Unless there were unusual circumstances regarding a servicemember’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is normally the most appropriate characterization of a member’s service. The Applicant's service record did not contain any unusual circumstances during his mere month in the military to warrant a change of discharge to honorable. With respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) 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. 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, t he Board found that

Administrative Corrections to the Applicant’s DD 214

 The NDRB did note administrative error(s) on the original DD Form 214 :

         “ ENTRY LEVEL PERFORMANCE AND CONDUCT ”
        
The NDRB will recommend to the Commandant of the Marine Corps that the DD 214 be corrected as appropriate.

Summary of Service

 Prior Service:
Period of Service Under Review:
 Date of Enlistment: 20000428      Years Contracted : (6 SMCR + 2 IRR)       Date of Discharge: 20000710
Length of Service : Active: 00 Yrs 01 Mths 06 D ys Inactive: 00 Yrs 01 Mths 0 6      D ys      Lost Time : NONE
Education Level:         Age at Enlistment:       AFQT: 72          MOS: 9900 Highest Rank:
Proficiency/Conduct marks (# of occasions):      N/A / N/A   Awards and Decorations ( per DD 214): NONE

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

 20000605:        Applicant to Recruit Depot, Parris Island for IADT.

 20000626:        Medical Record: Reason for visit: Psychological evaluation
         Assessment: Adaptment disorder w/depressed mood/obsessive-compulsive personality. Pt’s anger…stirred..by training…hates himself for it and gets depressed. Religion is involved…may be a conscientious objector…contracts for safety.
          Recommendation: Not warrant separation…potential for recruit training appears to be limited.

 20000626:        MARCORSEPMAN 6105 counseling for n ot adapting to the Marine Corps’ due to suicidal ideation.

 20000630:        Medical Record: Reason for visit: Psychological evaluation
         Diagnosis: Failure to adapt/depressive disorder not otherwise specified . Admits to intermittent suicidal thoughts, no current plan or intent…history of depressed mood …will likely gesture self-harm again.
         Recommendation: Failure to adapt, immediate transfer to casual. MHU follow up as needed. Mental health treatment after discharge.

20000701:        Applicant certified that he had not been physically or verbally maltreated.
Discharge Process

 Date Notified:   20000706
Basis for Discharge:     
Least Favorable Characterization:       
Commanding Officer’s Intended Recommendation:   
Date Applicant Responded to Notification:                  20000706
Rights Elected at Notification:
         Consult with Counsel                      
         Obtain Copies of Documents               
         Submit Statement(s) (date)                        
         Administrative Board                      
Commanding Officer Recommendation (date):        ( 20000710 )
Separation Authority (date):     COMMANDING GENERAL, MARINE CORPS RECRUIT DEPOT/EASTERN RECRUITING REGION, PARRIS ISLAND ( 20000710 )
Basis for discharge directed:  
Characterization directed:     
Date Applicant Discharged:       20000710

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. The Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 18 August 1995 until 31 August 2001), paragraph 6205, ENTRY LEVEL PERFORMANCE AND CONDUCT.
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

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