Upgrade.Vet

USMC | DRB | 2008_Marine | MD0800242

Original file (MD0800242.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20071204

Characterization of Service Received:

Narrative Reason for Discharge:
Authority for Discharge: MARCORSEPMAN 6210.5

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

Summary of Service

Prior Service:
Inactive:         USMCR (DEP)       20010830 - 20011015     Active:

Period of Service Under Review:
Date of Current Enlistment: 20011016 Period of E nlistment : Years Months Date of Discharge: 20040518
Length of Service: Y r s Mths 00 D y ( s ) Education Level: Age at Enlistment: AFQT: 63
MOS: 3531 H ighest Rank:        Fitness R eports:
Proficiency/Conduct M arks (# of occasions): ( ) / ( )
Awards and Decorations ( per DD 214):      Rifle , , ,

Periods of UA / CONF :

NJP:
- 20020507 :       Art (s) , 134. Awarded – FOP, RESTR       Susp: FOP, RESTR

SCM:
- 20040421 :       Art (s) .         Sentence :

6105 Counseling :
- 20040426 :       For Art 112a.

Types of Documents Submitted/reviewed

Related 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 Member of Congress:
Oth er Documentation (Describe):

Pertinent Regulation/Law

A . Ma rine Corps Separation and Retirement Manual, . Replace with correct regulation.

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 .

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

Applicant’s Issues

1.       Immature
2.       Pre deployment Medical screening
3.       PTSD
Decision

Date: 20 08 221             Location: Washington D.C .         R epresentation :

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

Discussion

Issue 1-2 (Equity). 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 i f the Applicant's discharge is inconsistent with standards of discipline of the Naval service. The Applicant contends that his problems were attributed to his immaturity and the lack of appropriate medical care while on active service. 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. There is credible evidence in the record that the Applicant used illegal drugs. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. When a Marine's service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. An under other than 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. Certain serious offenses warrant separation from the Naval service in order to maintain proper order and discipline. The Applicant's service was marred by one nonjudicial punishment for violations of Article (s) 92 and 134, and one Summary Court Martial for violation of Article(s) 112a of the UCMJ. Individuals are indoctrinated from the day of recruitment and have had the policy reinforced throughout their enlistment on the Marine Corps' zero tolerance policy for substance abuse and that a violation of this policy will result in mandatory processing for administrative separation which usually results in an unfavorable characterization of discharge. Violations of Articles 92, 112a, and 134 are considered serious offenses for which a punitive discharge is authorized if adjudged by a Special or General Courts Martial. An upgrade or change would not be inappropriate.

Issue 3 (PTSD). The Applicant contends that his problems may be att r ibuted 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.

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, Discharge Process and evidence submitted by the Applicant, the Board found that the discharge was proper and equitable.

PERTINENT REGULATION/LAW

A. Paragraph 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO PI 900.16F), effective 1
September 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, Pa ra 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Pa ra 503, E quity .

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, Articles 92, 112a, and 134.

Record of Vote

Board Members	Characterization	Narrative Reason


Presiding Officer











Recorder

Recorder’s Signature: _____________________________________________

Presiding Officer’s Signature: _______________________________________

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, provided 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 granted 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.

Employment/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 | MD0801245

Original file (MD0801245.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Employment opportunities. ” 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. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.
USMC | DRB | 2009_Marine | MD0900933

Original file (MD0900933.rtf) Auto-classification: Denied

Article 112a is one such offense requiring, at a minimum, mandatory processing for an administrative separation, which usually results in an unfavorable characterization of discharge. The Applicant had complained of back problems, but medical professionals could not find anything wrong with his back.The NDRB determined the Applicant met the requirements for separation by reason of misconduct – drug abuse; his PTSD was not a factor at the time of his misconduct;and the awarded...
NAVY | DRB | 2007_Navy | ND0700738

Original file (ND0700738.rtf) Auto-classification: Denied

The NDRB found that the Applicant’s service was equitably characterized.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. ” 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....
USMC | DRB | 2008_Marine | MD0800924

Original file (MD0800924.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. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record, Discharge Process and evidence submitted by the Applicant, the Board found Pertinent Regulation/Law The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part...
USMC | DRB | 2015_Marine | MD1500339

Original file (MD1500339.rtf) Auto-classification: Denied

By a vote of the Narrative Reason shall .Discussion As a result of the Applicant’s claim of PTSD, in accordance with U.S. Code, Title X, Section 1553 (d)(1), the Naval Discharge Review Board included a member who is a physician, clinical psychologist, or psychiatrist. 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 otherwise comport with the decisional document...
NAVY | DRB | 2007_Navy | ND0700498

Original file (ND0700498.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 Service Prior Service: Inactive: USNR (DEP)19990812 - 19990822Active: Period of Service Under Review: Date of Enlistment: 19990823Years Contracted:Date of Discharge:20011012Length of Service: 02 Yrs 01Mths18 DysLost Time:Days UA: 02 Days Confined: Education Level: Age at...
NAVY | DRB | 2007_Navy | ND0700953

Original file (ND0700953.rtf) Auto-classification: Denied

Discharge Process Date Notified: 20020919Reason for Discharge:--Least Favorable Characterization: Date Applicant Responded to Notification:20020919 Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) Administrative Board GCMCA review Commanding Officer Recommendation (date): (20021003) Separation Authority (date): COMNAVPERSCOM (20021024)Reason for discharge directed: - Characterization directed: Date Applicant Discharged: 20021126 Types...
NAVY | DRB | 2008_Navy | ND0800171

Original file (ND0800171.rtf) Auto-classification: Denied

20030530: For NJP (134) 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...
USMC | DRB | 2013_Marine | MD1301263

Original file (MD1301263.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Relief 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 and the narrative reason for separation shall remain .The Applicant remains eligible for a personal appearance hearing for a period of fifteen...
NAVY | DRB | 2008_Navy | ND0800115

Original file (ND0800115.rtf) Auto-classification: Denied

However, the Board did determine that the record factually supported each of these reasons for discharge, that discharge was appropriate for the Applicant’s misconduct, and that a characterization of service as under other than honorable conditions was warranted by the misconduct clearly documented in the record. 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...

Search Decisions

Decision Text

USMC | DRB | 2008_Marine | MD0800242

Similar Decisions