Upgrade.Vet

USMC | DRB | 2007_Marine | MD0700820

Original file (MD0700820.rtf) Auto-classification: Denied

ex-, USMC
MD07-00820

Current Discharge and Applicant’s Request

Application Received: 20070530 Characterization Received:

Narrative Reason: MISCONDUCT Authority: MARCORSEPMAN 6210.6

Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. Desire to re-enlist

Decision

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

Date: 20 071220             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 .

A general (under honorable conditions) discharge is warranted when the quality of the member’s service has been honest and faithful but significant negative aspects of the member’s conduct or performance of duty outweighed the positive aspects of the member’s service record. A discharge under other than honorable conditions is warranted when a member engages in conduct involving one or more acts or omissions that constitute a significant departure from the conduct expected of members of the naval service. The Applicant’s service was marred by a documented and admitted unauthorized absence of 109 days, in violation of the Uniform Code of Military Justice, Article 86. Unauthorized absences of more than 30 days are considered serious offenses for which a punitive discharge is authorized upon conviction at special or general court-martial. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract and falls far short of that required for an upgrade of 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)     20040122 - 20040919              Active:
Period of Service Under Review:
Date of Enlistment: 20040920                                 Years Contracted :                 Date of Discharge: 20 05 701
Length of Service : 01 Yrs 10 Mths 12 D ys                            Lost Time : Days UA: Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 49          MOS: 0300 /8911   Highest Rank:
Proficiency/Conduct marks (# of occasions):      4.3 ( 1 ) / 2.2 ( 2 )                                Fitness reports :
Awards and Decorations ( per DD 214): Rifle , GWOTSM, NDSM

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

20050212 :        Applicant to unauthorized absence 2200.

20050602 :        Applicant from unauthorized absence 1329 (1 09 days/ surrendered).

Discharge Process

Date Notified:   20050609
Basis for Discharge:      DUE TO:
Least Favorable Characterization:
Commanding Officer’s Intended Recommendation:

Date Applicant Responded to Notification:                  20050609
Rights Elected at Notification:
         Consult with Counsel
         Obtain Copies of Documents
         Submit Statement(s) (date)
         Administrative Board

Commanding Officer Recommendation (date):        ( 20050609 )
SJA review (date):       ( 2005061 7 )
Separation Authority (date):     COMMANDER, MARINE CORPS BASE, QUANTICO, VA ( 20050623 )
Basis for discharge directed:   DUE TO:
Characterization directed:
Date Applicant Discharged:       20050701

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) DD Form 149

[NDRB note: Applicant indicated on DD 249 that he submitted a letter from a former teacher; however, not found in petition.]

Pertinent Regulation/Law

A. The Marine Corps Separation and Retirement Manual, (MCO P1900.16F, effective 1 September 2001 until Present,
Paragraph 6210, MISCONDUCT .

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 special or general court-martial for violation of the UCMJ, Article 86, Absence without leave (for more than 30 days).

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

NAVY | DRB | 2007_Navy | ND0700602

Original file (ND0700602.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 Discharge Process Date Notified: 20050609Reason for Discharge: - - Least Favorable Characterization: Date Applicant Responded to Notification: 20050609 Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) Administrative Board Commanding Officer...
NAVY | DRB | 2012_Navy | ND1201214

Original file (ND1201214.rtf) Auto-classification: Denied

” 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 provide a foundation upon which the Board can grant relief. Additionally, the NDRB has no authority to upgrade a...
USMC | DRB | 2007_Marine | MD0700103

Original file (MD0700103.rtf) Auto-classification: Denied

Summary of Service Prior Service: Inactive: USMCR (DEP)20021122 - 20030622Active: Period of Service Under Review: Date of Enlistment: 20030623Years Contracted:; Extension: Date of Discharge:20050622 Length of Service: 02 Yrs 00Mths00 DysLost Time:Days UA: Days Confined: Education Level: Age at Enlistment:AFQT: 57MOS:6672Highest Rank:Proficiency/Conduct marks (# of occasions): N/A/N/AFitness reports: Awards and Decorations (per DD 214):RIFLE MARKSMAN BADGE, SEA SERVICE DEPLOYMENT RIBBON,...
NAVY | DRB | 2007_Navy | ND0700077

Original file (ND0700077.rtf) Auto-classification: Denied

Elements of Discharge: [SEPARATION IN LIEU OF TRIAL] Date Charge(s) Preferred: 20050609Charges and Specifications:Article 86: (3 specs), Unauthorized absenceDate Applicant Submitted SILT request: 20050613 Consulted with or Waived Counsel: Waived Acknowledged Understanding Elements: Acknowledged Guilt to: Charges preferred - Article 86 (unauthorized absence) BCD/DD authorized for offense(s) YES Acknowledged Consequences of OTH: Type of Characterization Requested: Commanding Officer...
NAVY | DRB | 2007_Navy | ND0701040

Original file (ND0701040.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change: Applicant’s Issues:1. 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: USNR (DEP) 20010831 - 20020415 Period of Service Under Review: Date of Enlistment: 20020416Years Contracted:4; Extension: 24 monthsDate of...
NAVY | DRB | 2009_Navy | ND0900476

Original file (ND0900476.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: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements: From Applicant: From Representation:From Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...
NAVY | DRB | 2006_Navy | ND0601175

Original file (ND0601175.rtf) Auto-classification: Denied

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 86 unauthorized absence, more than 30 days. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one...
NAVY | DRB | 2008_Navy | ND0800629

Original file (ND0800629.rtf) Auto-classification: Denied

In the Applicant’s case the commanding officer appropriately exercised his discretion in denying the Applicant’s request for religious accommodations while on restriction.In response to the allegation the NJP was too harsh, and the command failed to transport the Applicant to medical appointments, the Board also concurs with the Naval Inspector General’sfindings of 20070509, wherein, it is noted the Applicant failed to exercise his right to appeal the NJP within the time limit prescribed and...
NAVY | DRB | 2009_Navy | ND0901288

Original file (ND0901288.doc) Auto-classification: Denied

ex-ETSR, USN Current Discharge and Applicant’s Request Application Received: 20090409 Characterization of Service Received: Narrative Reason for Discharge: (SERIOUS OFFENSE) Authority for Discharge: MILPERSMAN Applicant’s Request: Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USNR (DEP) 20050126 - 20050608 Active: Period of Service Under Review: Date of Enlistment: 20050609 Age at Enlistment: Period of Enlistment: Years Extension Date of...
NAVY | DRB | 2010_Navy | ND1001061

Original file (ND1001061.rtf) Auto-classification: Denied

” 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. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Search Decisions

Decision Text

USMC | DRB | 2007_Marine | MD0700820

Similar Decisions