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USMC | DRB | 2009_Marine | MD0900335
Original file (MD0900335.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20081125
Characterization of Service Received:
Narrative Reason for Discharge: UNSAT PARTICIPATION IN READY RESERVE
Authority for Discharge: MARCORSEPMAN

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

Summary of Service

Prior Service:
Inactive: NONE            Active:  

Period of Service Under Review:
Date of Enlistment: 20030517     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20070403      H ighest Rank:
Length of Service :
         Active:  Y ea r ( s ) M on th ( s ) 00 D a y ( s )
         Inactive:        Y ea r ( s ) M on th ( s ) 17 D a y ( s )
 Education Level:        AFQT: 58
MOS: 3051
Proficiency/Conduct M arks (# of occasions): 3.6 ( ) / 3.6 ( )      Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle

Periods of UA / CONF :

NJP: SCM: SPCM: CC:

Retention Warning Counseling :

- 20061121 :       For unauthorized absence from 20060120-20061022 (6 drills).

- 20061121 :       For unauthorized absence from 20060818-200820 (5 drills).
- 20061121 :       For unauthorized absence from 20060618-20060618 (4 drills)

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 Representat ion :   From Congress member :

Other Documentation :


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

Applicant’s Issues

 1. Reenlist into the Marine Corps.
2. Discharge wa s improper due to his medical problems.
3. Information from the unit of miss ed drills and discharge package were never received by mail.

Decision

 Da te: 20 0 9 0618            Location: Washington D.C .         R epresentation :

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

Discussion

 : (Nondecisional) The NDRB has no jurisdiction over reenlistment, reentry (RE) , or reinstatement into the Navy, Marine Corps, or any other branch of the Armed Forces, and 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 NDRB 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.

: (Decisional) ( ) . The Applicant contends his discharge was improper due to his medical condition, which prevented him from attending his drills. He also requested to change his narrative reason for separation to “Secretarial Authority.” 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 included three NAMVC 118(11) (page 11) warnings for unauthorized absences ( UA ) from drills. The Applicant missed a total of fifteen drills plus his annual t raining . T he command contact ed the Appl i cant to make up his missed drills and explained to the Appli cant that he was in a UA status . T he Applicant thought his Temporary Not Physically Qualified (TNPQ) status excused him from drilling. The Applicant’s command explained his UA status was caused by hi s non-compliance status while TNPQ, and that his ignorance was not an excuse and he was required to drill. The comm and informed the Applicant he was required to sen d in documentation from his doctor of his status every 30 days, but Applicant failed to do so . As the Applicant stated in his statement , “they still wanted letters faxed. Being that I didn’t have them, nothing ever got faxed till the third month. ” For t he edification of the Applicant, t o ensure the unit and the M edical D epartment R epresentative are kept informed of the Marine’s status, the member is required to provide medical documentation every 30 days from the member’s attending physician or other medical clinic providing services. Reservists who fail to comply with this requirement may be terminated from the TNPQ status after appropriate notification for noncompliance and directed to resume their drilling obligation. Failure to do so could result in involuntary administrative separation and/or administrative reduction in rank. The Board determined the administrative separation was warranted and there was no basis to change the narrative reason for separation.

: (Decisional) ( ) . The Applicant cont ends he never received any mail from his unit regarding his missed drills and discha rge package, and that his post office ( P.O. ) b ox address hadn’t changed and is the same today as it was when he was discharged . The command sent all the certified letters and information to the P . O . b ox address provided by the Applicant , and the tracking numbers were: 70022030000673198198 and 70022030000673198150 . The certified mail was not claimed and was returned to the c ommand . Subsequently, t he command sent the final administrative s eparation package to the Applicant’s street address and not his P . O . Box address. T he Applicant did receive and sign his administrative discharge .

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, service record entries, discharge process and evidence submitted by the Applicant, the Board found Therefore, the awarded characterization of service shall remain Under Other Than Honorable Conditions and the narrative reason for separation shall remain UNSAT PARTICIPATIOIN IN READY RESERVE.

The Applicant remains eligible for a personal appearance hearing until fifteen years from the date of his/her discharge. The Applicant is directed to the Addendum, specifically the paragraphs titled Additional Reviews, Automatic Upgrades, and Post-Service Conduct .
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 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 : 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 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. There are veteran's organizations, such as the American Legion and the Association of Service Disable Veterans, willing to provide guidance to former service members in their efforts to obtain a discharge upgrade. 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 U.S Department of Veterans Affairs (VA) 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 NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the NDRB’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 NDRB 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.

Post-Service Conduct : The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. Outstanding post-service conduct, 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, is considered during Board reviews. Documentation to support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificate (if applicable); character witness statements; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card companies, or other financial institutions; attendance or completion of higher education (official transcripts); and documentation of a drug-free lifestyle. The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.

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 NDRB 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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