Search Decisions

Decision Text

USMC | DRB | 2008_Marine | MD0800528
Original file (MD0800528.rtf) Auto-classification: Denied

ex-LCpl, USMC
Current Discharge and Applicant’s Request
Application Received: 20080205
Characterization of Service Received: GENERAL (UNDER HONORABLE CONDITIONS)
Narrative Reason for Discharge:
Authority for Discharge: MARCORSEPMAN

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

Summary of Service

 Prior Service:
 Inactive: USMCR (DEP) 19941028 - 1995091 7                        
Period of Service Under Review:
 Date of Enlistment: 19950918               Period of enlistment : 4 Years          Date of Discharge: 19990728
Length of Service : Yrs Mths 10 D ys      Education Level:         Age at Enlistment: 18     AFQT: 53
MOS: 2512        Highest Rank: Cpl                          
Proficiency/Conduct marks (# of occasions):      4. 4 ( 10 )/ 4.3 ( 10 )
Awards and Decorations ( per DD 214): SSDR, NDSM, AFEM (SWA) , Rifle

Periods of UA / CONF : NONE

NJPs :     2
19970405: Art (s) 90 , 134 .                Awarded – E PD , FOP               Susp - NONE
19990324: Art 92, 93, 109, 117, 134 . Awarded – RIR E-3 , RESTRICTION , EPD, FOP Susp - NONE

6105 Counseling : 2
19990119: Level I I Failure
                  19990325: Hazing, Racism, Alcohol Abuse

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. General (Under Honorable Conditions) should have been u pgraded to an Honorable Discharge after 6-months.
2. Applicant expresses concern over difference s between an Honorable discharge and a Gener al (Under Honorable Conditions).

Decision


 Date: 20 08 0 327             Location: Washington D.C         R epresentation :

By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall ALC O HOL REHABILITATION FAILURE .
Discussion

 Issue 1. The Applicant is directed to the Addendum regarding Automatic Upgrades. There is currently no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time.

Issue 2. The Applicant implies there are differences between an Honorable discharge and a General (Under Honorable Conditions) but does not identify specific concerns . A General (under honorable conditions) characterization of discharge may jeopardize a memb e r’s ability to benefit from the Montgomery G.I. Bill (MGIB) if they had contributed. Also, the member will not normally be allowed to reenlist or enter a different military service.

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 Appl i cant’s discharge is inconsistent with standards of discipline o f the Naval 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. The Applicant bears the burden of overcoming this presumption of regularity through the presentation of substantial and credible evidence to support his issue. There is credible evidence in the Applicant ’ s service record that shows the Applicant excessively used alcohol, failed a command sponsored Alcohol Rehabilitation program and violated A rticles 90, 92, 93, 109, 117, and 134 of the Uniform Code of Military Justice (UCMJ) resulting in two N on- J udicial P unishments .

Based on Department of Defense, Directive 1332.14, Enlisted Administrative Separations , and Marine Corps Order P 1600.19F, Marine Corps Separations and Retirement Manual, service members who fail Alcohol Rehabilitation are eligible for involuntary administrative separation from the service. Characterization is categorized as honorable, general (under honorable conditions), or uncharacterized per established guidance . B ased on the period of service under review a n upgrade would be inappropriate.

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

Pertinent Regulation/Law

 A . The Marine Corps Separation and Retirement Manual, (MCO P1600.19E), effective 950818 until 010831, Paragraph 6209, ALCOHOL REHABILITATION FAILURE.

B. Secretary of the Navy Instruction 5420.174D of 22December 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, Articles 90, 92, 93, 109, 117, and 134.

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 | 2008_Navy | ND0800251

    Original file (ND0800251.rtf) Auto-classification: Denied

    Jail for 175 days suspended.Retention Warnings:.20030223: For drunk and disorderly.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)...

  • NAVY | DRB | 2013_Navy | ND1300837

    Original file (ND1300837.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.

  • NAVY | DRB | 2009_Navy | ND0900151

    Original file (ND0900151.rtf) Auto-classification: Denied

    The Applicant has requested an upgrade in his discharge characterization to “Honorable”. The Board determined the Applicant’s conduct, which forms the primary basis for determining the character of his service, reflected a significant departure from the conduct expected of a service member and was not indicative of those receiving an “Honorable” discharge characterization. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing,...

  • NAVY | DRB | 2008_Navy | ND0800873

    Original file (ND0800873.rtf) Auto-classification: Denied

    Applicant’s Request: Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USNR (DEP)19980427 - 19980603Active: Period of Service Under Review: Date of Enlistment: 19980604Period of Enlistment: YearsExtensionDate of Discharge:20051122Length of Service: Yrs Mths19 DysEducation Level: Age at Enlistment:AFQT: 45/64Highest Rank/Rate:DT3EvaluationMarks:Performance: 3.9(9) Behavior:2.9(9)OTA: 3.42Awards and Decorations (per DD 214):,,,,Periods of...

  • NAVY | DRB | 2012_Navy | ND1200690

    Original file (ND1200690.rtf) Auto-classification: Denied

    Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include...

  • USMC | DRB | 2014_Marine | MD1401189

    Original file (MD1401189.rtf) Auto-classification: Denied

    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 remainUNDER OTHER THAN HONORABLE CONDITIONS and the narrative reason for separation shall remain.The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. ” Additional Reviews : After a document...

  • NAVY | DRB | 2007_Navy | ND0701252

    Original file (ND0701252.rtf) Auto-classification: Denied

    Applicant’s Request: Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USNR (DEP)19990621 - 19990625Active: Period of Service Under Review: Date of Enlistment: 19990626Period of enlistment: Years Months Date of Discharge:20010223Length of Service: Yrs Mths28 DysEducation Level: Age at Enlistment:AFQT: 59Highest Rank/Rate:SAEvaluation marks:Performance: 2.0(1) Behavior:2.0(1)OTA: 2.50Awards and Decorations (per DD 214): NERPeriods of...

  • USMC | DRB | 2012_Marine | MD1200976

    Original file (MD1200976.rtf) Auto-classification: Denied

    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 years from the date of discharge. ADDENDUM: Information for the Applicant Complaint Procedures : If you believe the...

  • NAVY | DRB | 2014_Navy | ND1400034

    Original file (ND1400034.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends he was not provided treatment for alcohol abuse.2. Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is...

  • USMC | DRB | 2008_Marine | MD0800798

    Original file (MD0800798.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...