Search Decisions

Decision Text

USMC | DRB | 2007_Marine | MD0700562
Original file (MD0700562.rtf) Auto-classification: Denied
ex-, USMC
MD07-00562
Current Discharge and Applicant’s Request
Application Received: 20070320   Characterization Received:
Narrative Reason: Misconduct - Pattern of misconduct (administrative discharge board required but waived)
Authority: MARCORSEPMAN 6210.3

 Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. VA benefits
                           2. PTSD caused alcohol abuse

Decision

 By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall Misconduct - Pattern of misconduct (administrative discharge board required but waived)
Date: 20 07 1204             Location: 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. The Applicant is directed to the Addendum regarding .

Issue 2 ( ). The Board carefully considered the Applicant’s claim that his misconduct, consisting of at least 2 civil arrests for driving under the influence of alcohol, was the result of his alcohol abuse which stemmed from his efforts to cope with the traumatic experiences of service in Kuwait and Bangladesh, and his head injury resulting from a training accident. The Board noted that the Applicant’s record indicated pre-service alcohol abuse , resulting in 2 citations for underage drinking, and illegal drug abuse . The Board also presumed that proper administrative and medical attention was afforded to the Applicant when he was injured, especially in light of the nature, scope and seriousness of the event. Therefore, the Board concluded that the evidence was not sufficient to conclude that the Applicant’s serious and repeated misconduct was not properly or equitably assessed in determining his characterization of service.

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

Summary of Service

 Prior Service:
 Inactive: USMCR (DEP)     19900316 - 19900422              Active:         
Period of Service Under Review:
 Date of Enlistment: 19900423      Years Contracted : ; Extension:   Date of Discharge: 19930118
Length of Service : 02 Yrs 08 Mths 26 D ys          Lost Time : Days UA: Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 50          MOS: 0341 Highest Rank:
Proficiency/Conduct marks (# of occasions):      4.4 ( 5 ) / 4.1 ( 5 )     Fitness reports :
Awards and Decorations ( per DD 214): CAR, NDSM, SWASM(3), Rifle MM , SSDR, KLM, NUC, JMUC, HSM

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

 19911003 :        MARCORSEPMAN 6105 counseling for drinking and driving .

 19920605:        Apprehended by civil authorities for driving under the influence of alcohol. Court date 19920716.

 199 20610 :        MARCORSEPMAN 6105 counseling for apprehension by civil authorities due to driving under the influence of alcohol.
19920711:        Apprehended by civil authorities for driving under the influence of alcohol resulting in accident.

 19920724:        MARCORSEPMAN 6105 counseling for driving under the influence of alcohol.
19920930 :        Medical Record: Reason for visit: Evaluation for Drug or Alcohol Abuse
         Diagnosis: Alcohol abuse, psychologically dependent, prognosis poor.
         Recommendation: Level III while on active duty; "most likely will never attend" via VA.

19920930:        Applicant acknowledged understanding of diagnosis as alcohol dependence, availability of VA rehabilitation treatment, and location of nearest VA facility. Applicant declined VA treatment .

19921002:        Applicant counseled regarding recommendation for Level III treatment through VA. Applicant reiterates desire to not be enrolled in treatment.
Discharge Process

 Date Notified:   19920915
Basis for Discharge:      DUE TO:
Least Favorable Characterization:       
Commanding Officer’s Intended Recommendation:   

Date Applicant Responded to Notification:                  19921021
Rights Elected at Notification:
         Consult with Counsel                      
         Obtain Copies of Documents               
         Submit Statement(s) (date)                        
         Administrative Board                      

Commanding Officer Recommendation (date):        ( 19921013 )
SJA review (date):       ( 19921124 )
Separation Authority (date):     COMMANDER, 1 ST MARINE DIVISION ( 19921124 )
Basis for discharge directed:   DUE TO:
Characterization directed:     
Date Applicant Discharged:       19930118

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) Newspaper article s ; Letter from mother; Photo of head injury ; VA claim and decision

Pertinent Regulation/Law

 A. Marine Corps Separation and Retirement Manual, (MCO P1900.16D), Paragraph 6210, Misconduct, effective 27 June 1989 until 17 August 1995.

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 | MD0700238

    Original file (MD0700238.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 two discharge warnings, one nonjudicial punishment for violating the UCMJ Article(s) 92, Failure to obey order, regulation and 111, Drunken driving, and a guilty finding at Special Court-Martial for Article(s) 86, Unauthorized absence over thirty days and 112a, Wrongful use of a controlled substance. After a thorough...

  • USMC | DRB | 2007_Marine | MD0701134

    Original file (MD0701134.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 ServicePrior Service: Inactive: USMCR (DEP)19971023 - 19971109 Period of Service Under Review: Date of Enlistment: 19971110Years Contracted:; Extension: Date of Discharge:20010608Length of Service: 03 Yrs 06Mths29 DysLost Time:Days UA: Days Confined: Education Level: Age...

  • USMC | DRB | 2012_Marine | MD1200059

    Original file (MD1200059.rtf) Auto-classification: Denied

    Relief granted.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 change to.The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. ” Additional Reviews : After a document review has been conducted, former members...

  • USMC | DRB | 2013_Marine | MD1300923

    Original file (MD1300923.rtf) Auto-classification: Denied

    Per MARCORSEPMANParagraph 6210.3, separation processing for a pattern of misconduct may not be initiated until the member has been counseled in accordance with the guidelines for counseling set out in paragraph 6105. The evidence provided by the Applicant does not refute the presumption that the Applicant’s administrative board and Separation Authority were correct in their decisions that the Applicant had a proper 6105 counseling warning and was afforded a reasonable opportunity to...

  • USMC | DRB | 2007_Marine | MD0700744

    Original file (MD0700744.rtf) Auto-classification: Denied

    However, after a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate in light of the nature and seriousness of the Applicant’s misconduct, and that the evidence of post-service conduct was not sufficient to convince the Board that an upgrade was appropriate at this time. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record...

  • NAVY | DRB | 2003_Navy | ND03-00593

    Original file (ND03-00593.rtf) Auto-classification: Denied

    920224: Drug and Alcohol Evaluation: Applicant found dependent on alcohol based on a medical evaluation following Level III treatment in November 1991.920319: Civil Conviction: Duvall County Court for violation of driving under the influence on 920318.Sentence: Fined $452.50, probation for 6 months, revoked license for 6 months, community service for 50 hours, DUI school and victim impact panel.920406: NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700-1900, 920319,...

  • USMC | DRB | 2014_Marine | MD1400437

    Original file (MD1400437.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The Board did complete a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent standards of equity and propriety.The Applicant’s record of service included 6105 counseling warnings and on 21 January 2011 for of the Uniform Code of Military Justice (UCMJ): Article 92 (Failure to obey order or regulation, cited...

  • USMC | DRB | 2009_Marine | MD0900999

    Original file (MD0900999.rtf) Auto-classification: Denied

    By a vote of the Narrative Reason shall MISCONDUCT.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. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and record entries, and discharge process, the Board found Therefore, the awarded...

  • USMC | DRB | 2007_Marine | MD0701119

    Original file (MD0701119.rtf) Auto-classification: Denied

    The Applicant’s conduct during the current period of service, which forms the primary basis for determining the character of his service was marred by the award of five discharge warnings and one nonjudicial punishment (NJP) for violation(s) of the Uniform Code of Military Justice (UCMJ), Articles 128 and 134. 20030326 Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) Administrative Board Commanding Officer Recommendation...

  • USMC | DRB | 2013_Marine | MD1300009

    Original file (MD1300009.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. ” 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 enhancing reenlistment opportunities.