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USMC | DRB | 2008_Marine | MD0801769
Original file (MD0801769.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20080819
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)     19960229 - 19960527              Active:

Period of Service Under Review:
Date of Enlistment: 19960528      Period of E nlistment : Years Months     Date of Discharge: 20000621
Length of Service : Y ea rs M on ths 25 D a ys        Education Level: Age at Enlistment:
AFQT: 93 MOS: 0311 Highest Rank:         Fitness R eports:
Proficiency/Conduct M arks (# of occasions):       NFIR / NFIR
Awards and Decorations ( per DD 214): Rifle

Periods of UA / CONF : 19970707-19970805 (30 days)

NJP :
- 19980626 : Art icle 86 (U A) 19970707-19970805 (30 days)
Awarded : Susp ended: , s uspension vacated 1998 1219

- 19981219 : Unspecified charges.
 Awarded : Susp ended:

- 19990308 : Article 91 (Willfully disobeying a superior noncommissioned officer) , 2 s pecifications
 Article 95 (Resisting apprehension)
 Article 134 (Drunk and disorderly)
Awarded : Susp ended:

- 19990414 : Art icle 86 ( UA, f ailed to go to appointed place of duty at the time prescribed) , 2 s pecifications
 Awarded : Susp ended:

- 19990623 : Article 91 (Contempt and disrespect to a noncommissioned officer)
Awarded : Susp ended:

- 20000207 : Art icle 86 ( UA, f ailed to go to appointed place of duty at the time prescribed)
Awarded : Susp ended:

S CM : SPCM: CC:

6105 Counseling :
- 19980626 : For misconduct as evident by your recent officer hours.

- 19980803 : For further flagrant violations of the UCMJ and disrespect towards military authority, specifically, your
actions while in Pearl Harbor, HI.

 - 19990308 : For misconduct as evident by your recent officer hou rs.

- 19990317: For financial irresponsibility, specifically failing to maintain funds to cover checks you have written and
collection agencies calling and writing letters to this command.
- 19990414 : For misconduct as evident by your recent officer hours.
- 19991105 : For substandard performance in that you conducted yourself in an insubordinate manner toward Sgt D _
while assigned to a head cleaning detail. Additionally, while assigned to a work detail to support an India
Co field exercise at CAX, you were discovered by 1stSgt C . consuming an alcoholic beverage in the
back of a tactical vehicle.
- 20000127 : For substandard performance in that you were in an unauthorized absence status at 0730 on 20000115, as
Battalion Duty Driver. Additionally , the Battalion Duty Officer noted alcohol on your breath.
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 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.

Decision


 Date: 20 08 1204             Location: Washington D.C .         R epresentation :

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

 : ( ) . The Applicant contends he is entitled to a discharge upgrade due to his record of 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’s record of service was marred by seven retention warnings and six NJPs violations of the Uniform Code of Military Justice (UCMJ): Article 86 (U A and f ailure to go to appointed place of duty); Article 91 (Disrespect toward a superior noncommissioned officer); Article 91 (Disobeying a superior noncommissioned officer); Article 95 (Resisting apprehension); and Article 134 (Drunk and disor derly). Violation s of these articles are considered serious offense s , punishable by punitive discharge and confinement if adjudicated and awarded by a special or general court-martial. The command did not pursue a punitive discharge but instead opted for an administrative discharge. For the edification of the Applicant, a “ General (Under Honorable Conditions) ” is appropriate if the member’s service has been honest and faithful but significant negative aspects of the member’s conduct or performance outweighs positive aspects of the member’s military record . The Applicant’s record clearly does not meet the standards of conduct required to warrant a n upgrade to “ General (Under Honorable Conditions) ” and the NDRB rejects the Applicant’s claim his record of service warrants an upgrade as being completely without merit. The awarded discharge characterization was considered appropriate; an upgrade would be inappropriate.

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 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 31 January 1997 until 31 August 2001.

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 91 and 95 .

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 or is referred to a court-martial fo r 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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