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USMC | DRB | 2008_Marine | MD0801731
Original file (MD0801731.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20080812
Characterization of Service Received:
Narrative Reason for Discharge: UNSAT PARTICIPATION IN READY RESERVE
Authority for Discharge: MARCORSEPMAN

Applicant’s Request:
Characterization change to: HONORABLE OR GENERAL (UNDER HONORABLE CONDITIONS)
 Narrative Reason change to:

Summary of Service

Prior Service:
 Inactive: NONE                                                         Active: 20030813 – 20040306 HON
Period of Service Under Review:
 Date of Enlistment: 20030207      Period of Enlistment : Years     Date of Discharge: 20071103
Length of Service: Active: Years Months 24 D ays        Inactive: Years Months 01 D ays
 Education Level:         Age at Enlistment:       AFQT: 37
MOS: 2311         Highest Rank:    Fitness Reports:
Proficiency/Conduct Marks (# of occasions):               ( ) / ( )
Awards and Decorations (per DD 214): Rifle

Periods of UA/CONF:

NJP: SCM:       SPCM: CC:

6105 Counseling:
- 20051120 :      For misconduct as evidenced by lack of responsibility, maturity, and my failure to obey order or regulation (Article 134 of the UCMJ). Specifically, I willfully disobeyed a Marine Corps Order by providing alcohol to Marines under the legal drinking age. In addition I caused a fellow Marine to have to seek billeting by putting him in a position that was uncomfortable for him to be in. I understand that my blatant disobedience to this order is inexcusable. Finally, I understand that disobedience to orders is punishable under the UCMJ.

- 20070211 :      For failure of the Physical Fitness test performed on 20060513. I understand it is my responsibility to comply with Marine Corps standards.

- 20070129 :      For misconduct as evidenced by unsatisfactory participation in the SMCR. Specifically, I was absent without authority from November and December’s scheduled drill. My misconduct seriously impacts the command presence and combat effectiveness of all Marines in my unit. Additionally, I understand that a separation package will be initiated unless I make up the assigned drills for which I was absent. This sort of misconduct and behavior is not indicative of what is expected from all Marines, and it will not be tolerated.

- 20070415 :      For unsatisfactory participation in the SMCR for failure to be at scheduled muster on 20070302 to 20070304.

- 20070514 :      For unsatisfactory participation in the SMCR for failure to be at scheduled muster on 20070414 to 20070415.

- 20070603 :      For unsatisfactory participation in the SMCR for failure to be at scheduled muster on 20070519.


 6105 Counseling: (cont)
- 20070715 :      For unsatisfactory participation in the SMCR for failure to be at scheduled muster on 20070601 to 20070603.
Types of Documents Submitted/reviewed

 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 Representation:              From Member of Congress:
                  - Letter from Member of Congress, D. S. to applicant

Other Documentation (Describe)
                  - Numerous e-mails

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

Applicant’s Issues

 1. Bipolar disorder prevented Applicant from drilling.

Decision


 Date: 2009 423              Location: Washington D.C.        R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall UNSAT PARTICIPATION IN THE READY RESERVE .
Discussion

 : ( ) . The Applicant contends he is entitled to a discharge upgrade due to his diagnosis with bipolar disorder. The Applicant further contends he attempted to provide documents regarding his condition to his reserve unit, but his unit failed to excuse him from attending drill. 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 submitted documentation of civilian medical care which partially substantiate the Applicant’s claims; specifically the letters dated 13 April 2007 and 3 May 2007 which state the Applicant’s bipolar disorder is not in control. While these documents do appear to indicate the Applicant was suffering from a medical condition, they do not contain the complete information required to excuse the Applicant from multiple drill periods or from annual training. Specifically, the Applicant did not provide a complete diagnosis stating his condition, limitations to duty, treatment plan and prognosis. The NDRB determined the evidence presented by the Applicant is sufficient to warrant partial relief to the Applicant, but is not sufficient to warrant the full relief sought. The NDRB determined the Applicant’s characterization of service will be changed to “General (Under Honorable Conditions)”.

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

 A. Paragraph 6213 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 1 September 2001
until present.

B. Marine Corps Reserve Administrative Management Manual, MCO P1001R.1, Chapter 3, Reserve Participation and Administrative Procedures, paragraph 3300.

C. Table 61 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 1 September 2001, Guide for Characterization of Service.

D. 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, 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 or is referred to a court-martial 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 or for any basis wherein an Other Than Honorable Discharge is authorized, 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 other medical related reasons.” 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 special 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. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

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

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