Upgrade.Vet

USMC | DRB | 2009_Marine | MD0900688

Original file (MD0900688.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20090130

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)       19970412 - 19970720     Active:

Period of Service Under Review:
Date of Current Enlistment: 19970721     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20010111      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 22 D a y ( s )
Education Level:        AFQT: 84
MOS: 6314
Proficiency/Conduct M arks (# of occasions): ( )          Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle

Periods of UA / CONF :

NJP:

- 20000419 :      Article (Adultery, 2 spec ifications )
         Specification 1: Wrongfully have sexual intercourse with a married man
         Specification 2: Wrongfully commit an indecent act with a married man
         Awarded : Susp ended: (RIR – Set a side on 20000601)

SCM:

SPCM:

CC:

Retention Warning Counseling :

- 19980629 :       For showing poor judgment in disregarding the directive given by continuing to jeopardize career by conducting an unauthorized and inappropriate relationship with a man who is not your spouse and is married.

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

         “ GENERAL (UNDER HONORABLE CONDITIONS) ”

The NDRB will recommend to the Commandant of the Marine Corps that the DD 214 be corrected as appropriate.

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:          Rehabilitation/Treatment:                  Criminal Records:
         Personal Documentation :          Community Service:                References:
         Department of VA letter:                  Oth er Documentation:
                  Additional Statements :
         From Applicant:          From /To Representation:          From /To Congress m ember :

Pertinent Regulation/Law

A. Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual,
(MCO P1900.16E), effective 18 August 1995 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 .

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

Applicant’s Issues

1.       The Applicant requests to have her reentry (RE) code changed.
2.       The Applicant seeks to have her narrative reason changed from Personality Disorder to Secretarial Authority.
3.       The Applicant states here summary court-martial and all punishments were overturned .

Decision

Date: 20 090 1029                   Location: Washington D.C .         R epresentation :

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

Administrative Note

The NDRB noted an administrative error on the Applicant’s DD 214 with regards to the character of service. Although the DD 214 states the Applicant received an Honorable discharge, she actually was awarded a General (Under Honorable Conditions) discharge per the commanding general’s letter dated 18 December 2000. The NDRB will recommend to the Commandant of the Marine Corps that the DD 214 be corrected as appropriate. In addition, the NDRB requests Marine Corps Headquarters to verify the awarding of the Good Conduct Medal to Applicant in lieu of her NJP on 19 April 2000.

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 g overnment al a ffairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Applicant’s record of service included 6105 counseling warnings, for o f the Uniform Code of Military Justice (UCMJ): Article 134 (Adultery, 2 specifications) The NDRB did not have the Applicant’s complete administrative separation package to determine whether or not the Applicant waived rights to consult with a qualified counsel, submit a written statement, and request an administrative board .

: (Nondecisional) The Applicant requests to have her reenlistment (RE) code changed. 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.

: (Decisional) ( ) . The Applicant contends that she was misdiagnosed with a personality disorder and discharged. The Applicant states she was raped (alleged) in March 2000 and that the mental instability she suffers is the result of the assault. She claims her post-traumatic stress disorder (PTSD) is not a personality disorder and thus her narrative reason should be changed to Secretarial Authority. The NDRB attempted several times to retrieve the Applicant’s medical records to substantiate her statements, with no success. Therefore, the NDRB presumes regularity in the conduct of the command and that the discharge was properly done based on the facts presented. The NDRB determined, based on the few medical documents available, the Applicant was diagnosed with a borderline personality disorder, adjustment disorder and an occupational problem, and the narrative reason was proper as issued by the command. Relief denied.

: (Decisional) ( ) . The Applicant contends here summary court-martial and punishment were overturned, and she received a good conduct medal (GCM). The NDRB determined the Applicant went to NJP, not a summary court-martial, and her forfeiture of pay was suspended for six months, and reduction in rank was set aside on 1 June 2000. However, the Applicant provided no documentation and there was no evidence in her record to support that her misconduct was overturned and she had properly received a GCM (although her DD 214 indicated that she received the GCM, the NDRB opined that, like her characterization of discharge, was an administrative error). The Applicant’s violations of Article 134 are considered serious offenses, which could have resulted in a punitive discharge and confinement if adjudicated and awarded as part of a sentence by a special or general court martial. The command did not refer the Applicant for a court-martial but opted instead for an administrative discharge. Based on her misconduct, the NDRB determined the awarded characterization of service was warranted. 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. The Applicant is directed to the Addendum, specifically the paragraphs titled Additional Reviews, Automatic Upgrades, and Post-Service Conduct .

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 of the Applicant’s 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 veterans organizations such as the American Legion and the Association of Service Disable Veterans that are 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 their 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 NDRB. 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 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 is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended 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 BCNR can grant this type of narrative reason change.

Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct 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 certificates (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 at 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 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

Similar Decisions

NAVY | DRB | 2009_Navy | ND0900760

Original file (ND0900760.rtf) Auto-classification: Denied

The NDRB determined the Applicant’s discharge was warranted based on her diagnosis and the command administratively separated the Applicant properly from the naval service by reason of convenience of the government – personality disorder.For discharges based on personality disorder, the discharge should be Honorable unless an Entry Level Separation or a General (Under Honorable Conditions) is warranted. Therefore, the NDRB found the Applicant’s original characterization, General (Under...
USMC | DRB | 2011_Marine | MD1100580

Original file (MD1100580.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. 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 NDRB presumes regularity in the conduct of governmental affairs unless there is substantial...
NAVY | DRB | 2009_Navy | ND0900589

Original file (ND0900589.rtf) Auto-classification: Denied

After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found 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...
NAVY | DRB | 2008_Navy | ND0800024

Original file (ND0800024.rtf) Auto-classification: Denied

The Board determined an upgrade was not warranted.The Applicant should be aware that, with respect to nonservice-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.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge...
NAVY | DRB | 2010_Navy | ND1001208

Original file (ND1001208.rtf) Auto-classification: Denied

The NDRB determined that the Applicant’s discharge, based on the diagnosis, was proper and warranted.Relief 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 . ” Additional Reviews : After a document review has been conducted, former members are eligible...
USMC | DRB | 2012_Marine | MD1200442

Original file (MD1200442.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)20090403 - 20090607Active: Period of Service Under Review: Date of Current Enlistment: 20090608Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20090903Highest Rank: Length of Service: Year(s)Month(s)26 Day(s)Education Level: AFQT:51MOS: 8011Proficiency/Conduct Marks (# of occasions):/Fitness Reports: Awards and Decorations (per DD...
USMC | DRB | 2011_Marine | MD1100716

Original file (MD1100716.rtf) Auto-classification: Denied

The NDRB determined that the diagnosis and separation for Personality Disorder was proper.Marine Corps regulations state the characterization of service for a Marine separated for Personality Disorder is either Honorable or General (Under Honorable Conditions) as determined by the Marine’s service record. The Applicant could have provided documentation as detailed in the Post-Service Conduct paragraph in the Addendum with the recognition that completion of these items alone does not...
NAVY | DRB | 2011_Navy | ND1100267

Original file (ND1100267.rtf) Auto-classification: Denied

Secretary of the Navy Instruction 1920.6C (ADMINISTRATIVE SEPARATION OF OFFICERS), effective 15 December 2005 until PRESENT establishes policies, standards and procedures for the administrative separation of Navy and Marine Corps officers from the naval service in accordance with Title 10, United States Code and DoD Directive 1332.30 of 14 March 1997.B. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided...
USMC | DRB | 2014_Marine | MD1400067

Original file (MD1400067.rtf) Auto-classification: Denied

After 13 months of strenuous efforts to motivate the Applicant, her command notified her on 7 November 2001 of administrative separation processing for Personality Disorder with a recommended characterization of General (Under Honorable Conditions). ” 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. ...
USMC | DRB | 2015_Marine | MD1401589

Original file (MD1401589.rtf) Auto-classification: 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 change to HONORABLE and the narrative reason for separation shall remain CONDITION, NOT A DISABILITY. ” 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...

Search Decisions

Decision Text

USMC | DRB | 2009_Marine | MD0900688

Similar Decisions