Search Decisions

Decision Text

USMC | DRB | 2007_Marine | MD0701140
Original file (MD0701140.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20070820  
Characterization of Service Received:
Narrative Reason for Discharge: MISCONDUCT      
Authority for Discharge: MARCORSEPMAN 6210.3

Applicant’s Request:     Characterization change to:
                           Narrative Reason change to:

Summary of Service

Prior Service:
 Inactive: USMCR (DEP)     20010222 - 20010506              Active:         
Period of Service Under Review:
 Date of Enlistment: 20010507               Period of enlistment : Years Months             Date of Discharge: 20040615
Length of Service : Yrs Mths 09 D ys      Education Level:         Age at Enlistment:       AFQT: 86
MOS: 0331 Highest Rank:                                    Fitness reports:
Proficiency/Conduct marks: NFIR           Awards and Decorations ( per DD 214): Rifle , Pistol

Periods of UA /Confinement : 20040312-20040312(1), 20040303-20040311(9), 20040121-20040125(5), 20030528-20030528(1), 2003 0317-20030318(2), 20020508-20020519(12), 20020130-20020328(58), 20020127-20020128(2), 20011217-20020126(41)

NJPs :    
         20031219 : Art(s) 87 . Awarded - Susp -        
         20040217 : Art(s) 86 . Awarded - Susp -

S CMs :            
        
SPCMs:  
         20020508 : Art(s) 86, 87 . Sentence – RIR E-1; CONF 90 DAYS; FOP $500.00 x 3 months

Retention Warnings:
         20020920 : For range safety violation despite previous warning about safety violations .
         20031219 : For pattern of misconduct as demonstrated by NJP of 20031219 and SPCM of 20020508 .


Types of Documents Submitted

 Related to Military Service:      DD 214:          Service and/or 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 Representat ion :              From Member of Congress:
Other Documentation (Describe)      



DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

 1. GI Bill/loans
2. Had bi-polar disorder
3. Pre-service behavior used against him, forgot hospitalization for psychosis

Decision

Date: 20 08 0117             Location: Washington D.C         R epresentation :

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

 : 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 implies that his problems were attributed to a bipolar condition . 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. The NDRB found no medical diagnosis in the record to support the Applicant's claim nor did the Applicant produce any medical diagnosis by competent medical authority to support his claim. 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.

Issue 3 ( ). The Board found no evidence in the record to indicate that the Separation Authority used any improper criteria for determining whether separation was appropriate and the characterization of service. The Applicant’s record of misconduct in service was sufficient to warrant separation on that basis with a characterization of service as under other than honorable conditions.

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, the Board found that

Pertinent Regulation/Law

 A. Paragraph 6210, MISCONDUCT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 01 Sep 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

Recorder Review of Discharge Process

 Notification :
Applicant accurately notified of reason for discharge?                     Yes      No       Not found in record
Applicant accurately notified of least favorable characterization?       Yes      No       Not found in record
Applicant accurately notified of applicable rights?                        Yes      No       Not found in record

Rights Elected :  Not found in record               Waived all rights
Counsel          Copies   Statement                GCMCA review     Administrative Board                      
Administrative Board      Not applicable          Waived          Not found in record
Reason(s) for discharge supported?                                           Yes      No       Not found in record
Recommendation?           Retain   Separate       
Recommendation for suspension?                                       Yes      No       Not found in record

CO recommendation:                Retain   Separate       

Proper Separation Authority ?                                               Yes      No       Not found in record
Reason for discharge directed:   -
Characterization directed:               


Were factual requirements for separation met?                      Yes      No       Not found in record
Was retention warning required for reason for separation?                 Yes      No      
         Was retention warning given?                                Yes      No       Not found in record
COSO: Was punitive discharge authorized for offense?              Yes      No       Not found in record



Similar Decisions

  • USMC | DRB | 2010_Marine | MD1001343

    Original file (MD1001343.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. Summary : After a thorough review of the available evidence, to include the Applicant’s summary of service, and medical record entries, his testimony and additional documentation, along with discharge process, the NDRB found Therefore, the awarded characterization of service shall , however, the narrative reason for separation shall MISCONDUCT. ” Additional Reviews : After a...

  • NAVY | DRB | 2012_Navy | ND1201563

    Original file (ND1201563.rtf) Auto-classification: Denied

    When notified of administrative separation processing using the procedure for Misconduct (Drug Abuse), Misconduct (Serious Offense), and Misconduct (Pattern of Misconduct), the Applicant rights to consult with a qualified counsel, submit a written statement, and request an administrative board. ” 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...

  • NAVY | DRB | 2008_Navy | ND0800120

    Original file (ND0800120.rtf) Auto-classification: Denied

    Types of Documents SubmittedRelated to Military Service: DD 214: Service and/or 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 Member of Congress: Other Documentation (Describe) DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW...

  • NAVY | DRB | 2009_Navy | ND0900368

    Original file (ND0900368.rtf) Auto-classification: Denied

    The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.The evidence of record reflects the Applicant did not provide any documentation of post-service conduct for the Board’s consideration. The...

  • USMC | DRB | 2007_Marine | MD0700997

    Original file (MD0700997.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)20000923 - 20010710Active: Period of Service Under Review: Date of Enlistment: 20010711Years Contracted:Date of Discharge:20040326Length of Service: 02 Yrs 08Mths15 DysLost Time:Days UA: Days Confined: Education Level:Age at...

  • USMC | DRB | 2006_Marine | MD0601125

    Original file (MD0601125.rtf) Auto-classification: Denied

    20010501: Applicant from unauthorized absence 0800 (surrendered).20010806: NJP for violation(s) of UCMJ: Article 86: UA (AWOL) from 0730, 20010301 to 0123, 20010502, Award: Forfeiture of $584.00 for 2 months, extra duty for 45 days. UNDER OTHER THAN HONORABLE CONDITIONS (20020808) SJA review (date): (20020814)Separation Authority (date): COMMANDING GENERAL, 2D FORCE SERVICE SUPPORT GROUP (20020816)Narrative Reason directed: MISCONDUCT DUE TO A Characterization directed: Date Applicant...

  • NAVY | DRB | 2008_Navy | ND0800738

    Original file (ND0800738.rtf) Auto-classification: Denied

    The Board determined the characterization of service received, “ Under Other Than Honorable Conditions”, was an appropriate characterization considering the length of service and the UCMJ violations involved, and based on the lack of documentation provided an upgrade would be inappropriate.The Applicant remains eligible for a personal appearance hearing andis directed to the Addendum, specifically the paragraphs concerning Additional Reviews and Automatic Upgrades .Should the Applicant feel...

  • USMC | DRB | 2008_Marine | MD0800031

    Original file (MD0800031.rtf) Auto-classification: Denied

    Record of service. By a vote of the Narrative Reason shall MISCONDUCT.Discussion : 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. ” 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.

  • NAVY | DRB | 2008_Navy | ND0800848

    Original file (ND0800848.rtf) Auto-classification: Denied

    The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge as each discharge is reviewed by the Board on a case by case basis to determine if post service conduct mitigates the reason for the characterization of discharge. The Board determined an upgrade was not warranted.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by...

  • NAVY | DRB | 2008_Navy | ND0801267

    Original file (ND0801267.rtf) Auto-classification: Denied

    The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge as each discharge is reviewed by the Board on a case by case basis to determine if post service conduct mitigates the reason for the characterization of discharge. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information...