Upgrade.Vet

USMC | DRB | 2008_Marine | MD0800544

Original file (MD0800544.rtf) Auto-classification: Denied

ex-PFC, USMC

Current Discharge and Applicant’s Request

Application Received: 20080124

Characterization of Service Received:

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)     20060406 - 20060507
Period of Service Under Review:
Date of Enlistment: 20060508               Period of enlistment : 5 Years Months          Date of Discharge: 20060718
Length of Service : 00 Yrs 02 Mths 11 D ys          Education Level: 13       Age at Enlistment: 24     AFQT: 67
MOS: 9900       Highest Rank: PFC
Proficiency/Conduct marks (# of occasions): NONE
Awards and Decorations ( per DD 214): NONE

Periods of UA / CONF :

NJPs :

6105 Counseling : 1
         20060713 : For fraudulent enlistment for thoracic scoliosis EPTE.

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. Medical release form was signed prior to entry.

Decision

Date: 20 08 0327 Location: Washington D.C R epresentation :

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

Discussion

Issue 1 ( Equity ). Th e Applicant implies that his narrative reason for discharge is wrong because disqualifying medical information was volunteered by signing a release of this information. 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 t his issue. There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that he disclosed this information to the recruiter or to the doctors at the MEPS processing station. Additionally, there are five doctors care visits noting the problem for which he was discharged for. This is clearly disqualifying information that would have prevented the Applicant from successfully enlisting in the service if revealed to the recruiter or to the medical personnel at MEPS . The Applicant’s statements today d o not overcome past statements and t he government’s presumption of regularity in this case.

By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. Unless there were unusual circumstances regarding a service member’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service. The Applicant's service record did not contain any unusual circumstances during his less than 3 months in the military prior to notification of separation to warrant a change of discharge to honorable. T he Applicant’s service was marred by one retention warning and a counseling entry notifying the Applicant that he had committed a fraudulent enlistment. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Marine Corps. Therefore the Board found his uncharacterized characterization appropriate.

The Applicant should be aware that, with respect to non - service-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.

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

Pertinent Regulation/Law

A . The Marine Corps Separation and Retirement Manual, MCO P1900.16F), effective
01 September 2001 until Present, paragraph 6204, DEFECTIVE ENLISTMENT AND INDUCTION.

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 | 2008_Marine | MD0800814

Original file (MD0800814.rtf) Auto-classification: Denied

By a vote of the Narrative Reason shall SECRETARIAL AUTHORITY.Discussion Issue 1 (Equity). ” 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 NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.
USMC | DRB | 2008_Marine | MD0801850

Original file (MD0801850.rtf) Auto-classification: Denied

The Applicant should understand neither the “Uncharacterized” characterization nor the “ Erroneous Enlistment ” narrative reason for separation convey any negative meaning. The NDRB determined the awarded discharge characterization was appropriate and a change to the characterization of service or the narrative reason for separation would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record, Discharge Process and evidence...
NAVY | DRB | 2007_Navy | ND0700502

Original file (ND0700502.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)20050419 - 20060201Active: Period of Service Under Review: Date of Enlistment: 20060202Years Contracted:; Extension: Date of Discharge:20060222Length of Service: 00 Yrs 00Mths21 DysLost Time:Days UA: Days Confined: Education...
USMC | DRB | 2008_Marine | MD0800239

Original file (MD0800239.rtf) Auto-classification: Denied

Applicant’s Request: Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USMCR (DEP) 20060719 - 20060912 Period of Service Under Review: Date of Enlistment: 20060913Period of enlistment: Years MonthsDate of Discharge:20061121Length of Service: 00 Yrs 02 Mths09 DysEducation Level: Age at Enlistment:19AFQT: 47MOS: 9900 Highest Rank: PVT Proficiency/Conduct marks (# of occasions): NONEAwards and Decorations (per DD 214):Periods of UA/CONF:...
USMC | DRB | 2006_Marine | MD0601162

Original file (MD0601162.rtf) Auto-classification: Denied

NONE Service Record Entries Related to Characterization of Service or Narrative Reason for Separation 20040128: Applicant’s statement. Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation 20030613: MEPS Report of Medical History signed by the Applicant declaring no recurrent back pain or any back problem. SEPARATION (20040128) SJA review (date): NOT FOUND IN RECORDSeparation Authority (date): COMMANDING GENERAL, MARINE CORPS RECRUIT DEPOT, SAN...
USMC | DRB | 2007_Marine | MD0700193

Original file (MD0700193.rtf) Auto-classification: Denied

Discharge Process Date Notified: 20060118 Basis for Discharge:FRAUDULENT ENTRYCommanding Officer’s Intended Recommendation: ENTRY LEVEL SEPARATIONDate Applicant Responded to Notification:20060118Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) WAIVED Administrative Board Separation Authority (date): COMMANDING OFFICER, SPECIAL TRAINING COMPANY (20060118) Basis for discharge directed: FRAUDULENT ENTRY DUE TO UNDISCLOSED HISTORY OF...
NAVY | DRB | 2009_Navy | ND0900544

Original file (ND0900544.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USNR (DEP)20070622 - 20080227Active: Period of Service Under Review: Date of Enlistment: 20080228Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20080328Highest Rank/Rate:SRLength of Service: Year(s)Month(s)01 Day(s)Education Level:AFQT: 46EvaluationMarks:Performance:NFIRBehavior:NFIROTA: NFIRAwards and Decorations (per DD 214):NONEPeriods of...
USMC | DRB | 2009_Marine | MD0901641

Original file (MD0901641.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 change toERRONEOUS ENLISTMENT, OTHER.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 review has been...
USMC | DRB | 2012_Marine | MD1200077

Original file (MD1200077.rtf) Auto-classification: Denied

The Applicant did divulge her medical history of dysmenorrhea and did receive a medical waiver to enlist from Marine Corps Recruiting Command. ” 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 | MD0901651

Original file (MD0901651.rtf) Auto-classification: Denied

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and 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. ” Additional Reviews : After a document review has been conducted, former members are...

Search Decisions

Decision Text

USMC | DRB | 2008_Marine | MD0800544

Similar Decisions