Upgrade.Vet

USMC | DRB | 2007_Marine | MD0700992

Original file (MD0700992.rtf) Auto-classification: Denied

ex-PVT, USMC
MD07-00992

Current Discharge and Applicant’s Request

Application Received: 20070706 Characterization Received:

Narrative Reason: PERSONALITY DISORDER Authority: MARCORSEPMAN 6203.3

Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. None submitted.

Decision

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

Date: 20 080103             Location: Washington D.C.         Representation :

Discussion

The Board reviews the propriety and equity of an Applicant’s discharge individually, on a case-by-case basis. If such a review reveals an impropriety or inequity, relief is in order. Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of discipline of the Naval service. There is credible evidence in the record that the Applicant was diagnosed by competent military medical authorities with a personality disorder. There is also credible evidence in the record that the Applicant committed minor misconduct. The evidence of record does not demonstrate that the Applicant was not responsible for h is c onduct or that he should not be held accountable for h is actions. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. A general ( under honorable conditions ) discharge is warranted when 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 discharge warnings and one NJP for a violation of UCMJ Article 86. An upgrade to honorable 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 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)     19990224
Period of Service Under Review:
Date of Enlistment: 19990225      Years Contracted : 4 ; Extension:          Date of Discharge: 19991210
Length of Service : 00 Yrs 09 Mths 16 D ys          Lost Time : Days UA: Days Confine d :
Education Level: GED      Age at Enlistment: 1 7     AFQT: 58         MOS: 9900 Highest Rank: PFC
Proficiency/Conduct marks (# of occasions):      4.4 ( 2 ) / 4.2 ( 2 )
Awards and Decorations ( per DD 214): Rifle MM

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

19990819 :        MARCORSEPMAN 6105 counseling for three counts of Article 86, being late to appointed place of
d uty and one count of breaking curfew. Discharge warning issued.

19991004 :        NJP -- Viol UCMJ Art. 86 .
         Awarded - RIR ( E-1) ; Restr for ( 7 days) (suspended for 4 months) ; Extra duties ( 14 days).

19991210 :        MARCORSEPMAN 6105 counseling for substandard academic performance. Discharge warning issued.

Discharge Process

Date Notified:
Basis for Discharge:

Least Favorable Characterization:
Commanding Officer’s Intended Recommendation:

Date Applicant Responded to Notification:                  19991123
Rights Elected at Notification:
         Consult with Counsel
         Obtain Copies of Documents
         Submit Statement(s) (date)
         Administrative Board

Commanding Officer Recommendation (date):        ( 19991204 )
SJA review (date):
Separation Authority (date):     COMMANDER, MARINE CORPS RECRUIT DEPOT ( 19991209 )
Basis for discharge directed:   DUE TO:
Characterization directed:
Date Applicant Discharged:       19991210

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 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 until 31 August 2001.

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 | MD0700855

Original file (MD0700855.rtf) Auto-classification: Denied

Immature in Service DecisionBy a vote of the Characterization shall .By a vote of the Narrative Reason shall MISCONDUCT DUE TO A PATTERN OF MISCONDUCT Date:20071220Location: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. After a thorough review of the available evidence, to include the Applicant’s Summary of Service,...
NAVY | DRB | 2006_Navy | ND0601121

Original file (ND0601121.rtf) Auto-classification: Denied

The servicemember has demonstrated a serious lack of core values in this incident.She has no potential for further useful service.” Elements of Discharge: [INVOLUNTARY] Date Notified:19991210Reason for Discharge due to: Least Favorable Characterization: Date Applicant Responded to Notification: 19991210Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) (date)GCMCA Review Recommendation of Commanding Officer (date): NOT APPLICABLE/LOCAL...
NAVY | DRB | 2014_Navy | ND1400813

Original file (ND1400813.rtf) Auto-classification: Denied

The NDRB voted unanimously to upgrade the characterization of service to General (Under Honorable Conditions) but not change the narrative reason for separation.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 remain .The Applicant remains eligible for a personal appearance...
NAVY | DRB | 2007_Navy | ND0700878

Original file (ND0700878.rtf) Auto-classification: Denied

Date: 20080103Location: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. 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...
NAVY | DRB | 2010_Navy | ND1000312

Original file (ND1000312.rtf) Auto-classification: Denied

The Applicant provided no credible evidence to rebut the command’s decision to separate him with a General (Under Honorable Conditions) discharge for misconduct due to the commission of a serious offense. ” 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...
USMC | DRB | 2010_Marine | MD1001066

Original file (MD1001066.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.
USMC | DRB | 2009_Marine | MD0900800

Original file (MD0900800.rtf) Auto-classification: Denied

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. ” Additional Reviews : Subsequent to a document review,...
NAVY | DRB | 2013_Navy | ND1300363

Original file (ND1300363.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)19860724 - 19870112Active: 19870113 - 19870520 HONUSNR 19870521 -19940416 USNR 19940417 - 19991210 Period of Service Under Review: Date of Current Enlistment: 19991211Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20040917Highest Rank/Rate:SK2Length of Service:Year(s)Month(s) 06 Day(s)Education Level:AFQT:...
NAVY | DRB | 2010_Navy | ND1002011

Original file (ND1002011.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. Employment/Educational Opportunities : The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing...
NAVY | DRB | 2011_Navy | ND1101255

Original file (ND1101255.rtf) Auto-classification: Denied

The Applicant wants his discharge upgraded so he can reenlist in the military. Neither a less than fully honorable discharge nor an unfavorable RE code is, in itself, a bar to reenlistment. ” 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.

Search Decisions

Decision Text

USMC | DRB | 2007_Marine | MD0700992

Similar Decisions