Search Decisions

Decision Text

USMC | DRB | 2009_Marine | MD0901079
Original file (MD0901079.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20090316
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)       19990123 - 19990125     Active:  

Period of Service Under Review:
Date of Current Enlistment: 19990126     Age at Enlistment:
Period of E nlistment : Years 13 Months
Date of Discharge: 20030212      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 16 D a y ( s )
Education Level:        AFQT: 35
MOS: 0311
Proficiency/Conduct M arks (# of occasions): /   Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle (w/b*) (2) COC REX (2)


NJP:
- 20021210 :       Article 86 ( U nauthorized absence from place of duty from 2231 to 0530, on 20021116)
          Article 86 (U nauthorized absence from place of duty on 20021117 )
         Article 107 (Wrote false statement in NCO logbook)
                  Awarded : Susp ended: ( Vacated 20021217 )

- 20021218 :       Article 112a ( Drug abuse, u sed a controlled substance MDMA (Ecstasy )
                  Awarded : Susp ended:
SCM:

SPCM:

CC:

Retention Warning Counseling :

- 20010321 :       For UA at 0730, 20010319 until 20010321

- 20020819 :       For lack of judgment in leaving your M16A-2 with the Duty NCO for approximately 4 hours , this action is not acceptable for a NCO. On 20020809 you were required to be at Bn Formation at 0700, you failed to show and used an excuse that only a Pvt would use, instead of seeking out someone within your platoon you got your source of information from someone else. Then on 20020810 you were cited in Onslow County for driving on a revoked license, and driving under the influence of alcohol the later charge was dismissed d ue to the level of alcohol being below .02 -- this caused you to serve 2 days in the county jail over the weekend. This citation was issued after you lost control of your vehicle in which you destroyed several trees and landscaping in a fellow Marine ’ s yard.

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 : College acceptance letter, MH RRTP letter + certificate, Two Bail Bonds Certificates.

Pertinent Regulation/Law

 A. Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 1 September 2001 until Present, Paragraph 1005, DISCHARGE FOR EXPIRATION OF ENLISTMENT OR FULFILLMENT OF SERVICE OBLIGATION .

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. Applicant seeks educational opportunities (use of GI Bill).   
2. Applicant states that he was unaware of treatment programs that could have saved his career in the Marine Corps.
3. Applicant seeks p ost-service conduct consideration.

Decision


 Date: 20 0 9 0924            Location: Washington D.C .         R epresentation :

By a vote of the Characterization shall .
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 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 reflects 6105 counseling warnings, nonjudicial punishments (NJPs) for o f the Uniform Code of Military Justice (UCMJ): Article 86 (Unauthorized absence: two specifications of failure to go to place of duty), Article 107 (False official statement: wrote false statement in NCO logbook stating he toured the area when he knew it was false) and Article 112a (Drug abuse, wrongful use of a controlled substance: Ecstasy (MDMA)). The Applicant also had a pre-service drug waiver for using marijuana prior to entering the Marine Corps, and acknowledged complete understanding of the Marine Corps Policy Concerning Illegal Use of Drugs on 15 January 1999 . The NDRB advises the Applicant that certain serious offenses warrant separation from the service in order to maintain good order and discipline. Violation of Artic le 112a usually results in an unfavorable characterization of discharge .

T he NDRB recognized that in the Applicant’s case, his command allowed him to stay until the end of his obligated service —despite his drug use . C haracterization of service determinations are based p er the s tandards of performance and condu ct as determined by MCO P1610.7: Performance Evaluation System, MCO P1070.12 : Individual Records Administration Manual (IRAM), and customs of the service. Minimum acceptable average proficiency and conduct markings durin g an enlistment are 3.0 and 4.0 respectively. Failure of a Marine to achieve either of these standards is evidence of significant negative aspects, outweighing all but the most meritorious military records. Marines who do not achieve these standards should not receive an honorable discharge. The Applicant ’ s average proficiency and conduct marks for this enlistment were 3.8/3.8, respectively.

: (Nondecisional) The Applicant requests an upgrade to obtain educational benefits. 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.
Issue 2: (Decisional) ( ) . The Applicant contends that he was unaware of treatment programs that could have saved his career in the Marine Corps. The NDRB did not have access to the Applicant’s separation package to determine whether or not the Applicant was seen by a substance abuse counselor . In most cases, service members separated for drug abuse or those who are allowed to stay until the end of their obligated service and are not eligible for reenlistment due to drug abuse are screened for drug dependency and are provided the option of treatment prior to separation. The intent of this treatment is for the benefit of the Applicant after discharge, not to rehabilitate the Applicant for continued service. Relief denied.

Issue 3 : (Decisional) ( ) . The Applicant contends his post-service efforts are worthy of consideration for an upgrade in h is characterization of service. The NDRB applauds the Applicant efforts to seek and complete treatment, start ing college and education efforts in the bail bonds industry. The NDRB determined that, t o warrant upgrade consideration based on post service conduct, the Applicant’s efforts need ed to be more encompassing. The Applicant could have produced additional evidence as stated in the addendum with the full understanding completion of these items alone does not guarantee an upgrade. 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 Additi onal Reviews, Employment/Educational Opportunities , 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 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 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 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

  • USMC | DRB | 2012_Marine | MD1200760

    Original file (MD1200760.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated 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: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...

  • USMC | DRB | 2008_Marine | MD0801241

    Original file (MD0801241.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The Board determined 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. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance...

  • USMC | DRB | 2011_Marine | MD1101615

    Original file (MD1101615.rtf) Auto-classification: Denied

    After a careful review of the Applicant’s combat deployment history, combat injuries, in-service mental health issues, and diagnosed PTSD, coupled with the marital problems of the Applicant while deployed, the NDRB determined the Applicant’s PTSD and personal problems were mitigating and contributory factors in his misconduct.Given the facts of the record, the information provided by the Applicant, and the Applicant’s combat service, the NDRB determined that the Applicant’s conduct, which...

  • USMC | DRB | 2003_Marine | MD03-00527

    Original file (MD03-00527.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. Not appealed.001212: NAVDRUGLAB San Diego, CA, reported Applicant’s urine sample, received 001201, tested positive for MDA/MDMA.001221: NJP for violation of UCMJ,...

  • USMC | DRB | 2008_Marine | MD0801682

    Original file (MD0801682.rtf) Auto-classification: Denied

    The administrative discharge board determined that the preponderance of the evidence supported the offenses alleged and recommended that he be separated from the Marine Corps with an Under Other Than Honorable characterization. ” 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. There is no requirement or law...

  • USMC | DRB | 2012_Marine | MD1200469

    Original file (MD1200469.rtf) Auto-classification: Denied

    Accordingly, relief as requested is denied.Issue 3: (Decisional Issue) (Equity) RELIEF NOT WARRANTED.The Applicant contends that his misconduct of record was the result of stress from depression and anxiety related to his combat service.The government enjoys a presumption of regularity in the conduct of its affairs. Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, service record entries, and the discharge process, the NDRB determined...

  • USMC | DRB | 2013_Marine | MD1301377

    Original file (MD1301377.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 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...

  • USMC | DRB | 2009_Marine | MD0902570

    Original file (MD0902570.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Decisional issues:(1) (Propriety) Applicant contends that he was improperly and wrongfully separated on the basis of an arrest by a civilian law enforcement agency and that presumption by his command was false because he has no arrest, prosecution, or conviction related to this presumed offense. ” Additional Reviews : After a document review has been conducted, former members...

  • USMC | DRB | 2011_Marine | MD1100591

    Original file (MD1100591.rtf) Auto-classification: Denied

    Based on the Applicant’s violation of Article 112(a), processing for administrative separation was mandatory.The NDRB reviewed the Applicant’s discharge package to ensure the Applicant was afforded all rights, as required by the Marine Corps Separation and Retirement Manual (MARCORSEPMAN). Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, service record entries, and the discharge process, the NDRB determined that Therefore, the...

  • USMC | DRB | 2011_Marine | MD1101677

    Original file (MD1101677.rtf) Auto-classification: Denied

    Applicant contends he was not counseled appropriately by his command and his counsel concerning his separation.After an exhaustive review of the Applicant’s service record and submitted documents, the NDRB determined the Applicant’s discharge was proper. 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...