Search Decisions

Decision Text

USMC | DRB | 2008_Marine | MD0800032
Original file (MD0800032.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20070928  
Characterization of Service Received: OTHER THAN HONORABLE
Narrative Reason for Discharge: MISCONDUCT      
Authority for Discharge: MARCORSEPMAN pAR 6210.5

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

Summary of Service

Prior Service:
 Inactive: USMCR (DEP)     20010501 - 20010520              Active:
Period of Service Under Review:
 Date of Enlistment: 2001052 1              Period of enlistment : Years Months             Date of Discharge: 20050301
Length of Service : Yrs Mths 11 D ys               Education Level:         Age at Enlistment: AFQT: 42
MOS: 2146 Highest Rank:                                                      Fitness reports:
Proficiency/Conduct marks (# of occasions):      4.4 ( 7 )/ 4.2 ( 7 )   
Awards and Decorations ( per DD 214): GCM, NAM w/ Combat V, CAR, GWOT SM, GWOT EM, SSDR, NDSM, PUC, Cert of Achievement X 2, Rifle

Periods of UA /Confinement :

NJPs :    
         20041209 : Art 112a .      Awarded - . Susp -     
        
S CMs :            
         20041004 Art(s) 92 x3 , 111 . Sentence - , , Restriction

Retention Warnings:
         20011203:        Underage drinking
 20031029:        Alcohol related
20041103:        Car crash/alcohol related
20041123:        Refusing treatment for drug abuse (Base SACC)
20041123:        Violated Art 112a (Cocaine use)
20050110:        Refused treatment for drug abuse (Base SACC)

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.       Record of Service
2.       PTSD was a causal factor of misconduct.


Decision

Date: 20 08 0                Location: Washington D.C         R epresentation :

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

 Issue 1 ( Equity ). The Applicant implies that h is other than honorable discharge from the Marine Corps was wrong because his combat serv ice was not properly considered prior to being discharged. 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 Applicant had enough negative service record entries to be successfully processed for administrative separation for a pattern of misconduct and drug abuse.

When reviewing a discharge, the NDRB does consider the extent to which a medical problem might affect an Applicant’s performance and ability to conform to the military’s standards of conduct and discipline. The NDRB generally does not consider the circumstances surrounding the Applicant’s stated condition nor the medical treatment given to the Applicant to be of sufficient nature to exculpate the Applicant’s narrative reason for discharge. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his failure to meet the standards and requirements of his contract with the Marine Corps and falls far short of that required for an upgrade of his characterization of service. C ertain serious offenses warrant separation from the Naval service in order to maintain proper order and discipline. The Applicant’s service was marred by six retention warnings, one nonjudicial punishment for violations of Article 112a of the UCMJ, and one Summary Court-Martial for a violation of UCMJ Article(s) 92x3 and 111. V iolation s of Article (s) 91and 111 are considered serious offense s for which a punitive discharge is authorized if adjudged by a Special or General Courts Martial. An upgrade or change would be inappropriate .

Issue 2 (PTSD). The Applicant contends that his problems may be attributed to Post Traumatic Stress Disorder (PTSD) . 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.

The NDRB did note administrative error(s) on the original DD Form 214. Block 24 , Character of Service , should read: “ UNDER OTHER THAN HONORABLE CONDITIONS”. Headquarters Marine Corps, Deputy Commandant for Manpower and Reserve Affairs (MMSR-3) , Quantico, VA, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.









Pertinent Regulation/Law

 A. The Marine Corps Separation and Retirement Manual, (MCO P1900.16F, effective 1 Sep tember 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 92 and 111.


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 | 2008_Marine | MD0800784

    Original file (MD0800784.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. Furthermore, the NDRB notes the Applicant’s previous request for clemency filed on 22 November 2004 does not mention PTSD as the basis for that clemency request. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service and Medical Record Entries, Discharge Process and evidence submitted by the Applicant, t

  • USMC | DRB | 2008_Marine | MD0800256

    Original file (MD0800256.rtf) Auto-classification: Denied

    From Representation: From Member of Congress: Other Documentation (Describe) DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. The Board determined that the absence of any documentation provided by the Applicant could be used mitigate the misconduct that resulted in the characterization of discharge. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record,...

  • NAVY | DRB | 2008_Navy | ND0800574

    Original file (ND0800574.rtf) Auto-classification: Denied

    Post service - Equity Decision Date: 20080410Location: Washington D.C Representation: 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. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the...

  • NAVY | DRB | 2006_Navy | ND0601174

    Original file (ND0601174.rtf) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge Elements of Discharge: [INVOLUNTARY] Discharge Process: NOT FOUND IN RECORD*Date Notified:Reason for Discharge Least Favorable Characterization Authorized: Date Applicant Responded to Notification: NOT FOUND IN RECORDRights Elected at...

  • USMC | DRB | 2015_Marine | MD1500644

    Original file (MD1500644.rtf) Auto-classification: Denied

    - 20100612: Article Article Awarded: Suspended: After an exhaustive review, the NDRB determined that PTSD did not mitigate the Applicant’s misconduct that resulted in his administrative separation with a General discharge for reason of Misconduct. ” 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.

  • USMC | DRB | 2007_Marine | MD0700717

    Original file (MD0700717.rtf) Auto-classification: Denied

    The Applicant contends that her DD-214 states the Narrative Reason for Separation was Personality Disorder though the Applicant was diagnosed withPost Traumatic Stress Disorder (PTSD) and other mental disorders. Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge 20030718: NJP -- Viol UCMJ Art. Marine suffers from a personality disorder that is so severe that the Marine’s ability to function effectively in the military is significantly impaired.

  • USMC | DRB | 2015_Marine | MD1500421

    Original file (MD1500421.rtf) Auto-classification: Denied

    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 remain UNDER OTHER THAN HONORABLE CONDITIONS and the narrative reason for separation shall remain . ADDENDUM: Information for the Applicant Complaint Procedures : If you believe the decision in your case is unclear, not responsive to the issues you raised, or does not...

  • USMC | DRB | 2009_Marine | MD0901796

    Original file (MD0901796.rtf) Auto-classification: Denied

    Specification 2: On 2 Nov 2006, UA from roll call 0715-0745.Article , (Failure to obey an order or regulation): Driving on a suspended license. The NDRB found there was insufficient evidence to determine that the Applicant was suffering from PTSD or that his mental state was a mitigating factor in his misconduct.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...

  • USMC | DRB | 2008_Marine | MD0800834

    Original file (MD0800834.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:VA disability, IRS performance awards, Resume of employment and school DEPARTMENT OF THE...

  • NAVY | DRB | 2007_Navy | ND0700548

    Original file (ND0700548.rtf) Auto-classification: Denied

    An upgrade of characterization of service is not warranted. 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)20030630 - 20030728Active: Period of Service Under Review: Date of Enlistment: 20030729Years Contracted:; Extension: Date of Discharge:20060505Length of Service: 02...