Upgrade.Vet

USMC | DRB | 2009_Marine | MD0901503

Original file (MD0901503.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20090504

Characterization of Service Received:

Narrative Reason for Discharge: RESIGNATION (UNACCEPTABLE CONDUCT)
Authority for Discharge: SECNAVINST 1920.6B

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

Summary of Service

Prior Service:
Inactive:         USMCR     19850228 - 19880519     Active:          19880520 - 19880904 HON

Period of Service Under Review:
Date of Appointment : 19880 905    Age at Enlistment:
Years Contracted : Indefinite
Date of Discharge: 20000118      H ighest Rank: MAJOR
Length of Service : Y ea r ( s ) M on th ( s ) 27 D a y ( s )
Education Level:        AFQT: 68
MOS: 0302
Officer’s Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle (5) Pistol (6) (2) LoA MUC NUC (2) CoA (2)

Periods of UA / CONF :

NJP: 1
- 19990909 :      Article (Willfully disobeying a superior commissioned officer: 2 specifications )
         Article 133 (Conduct unbecoming an officer)
         Awarded: PUNITIVE LETTER OF Suspended:

SC M:

SPCM:

CC:

Retention Warning Counseling :

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 :      emails and various correspondences

Pertinent Regulation/Law

A. Secretary of the Navy Instruction 1920.6B (ADMINISTRATIVE SEPARATION OF OFFICERS) effective 13 Dec 1999 until 14 December 2005 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 Mar 97.

B . Chapter 4, Paragraph 4101 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 18 Aug 1995 until 31 August 2001), INITIATING SEPARATION OF AN OFFICER - NOTIFICATION .

C . 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 believes his discharge characterization was inc ongruent with his performance (record of s ervice) in the Corps.
Decision

Date: 20 10 0311 Location: Washington D.C . R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall RESIGNATION (UNACCEPTABLE CONDUCT).

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. T he Board did complete a thorough review of the circumstances which led to discharge and the discharge process to ensure discharge met the pertinent sta ndards of equity and propriety . The Applicant’s record of service included for o f the Uniform Code of Mil itary Justice (UCMJ): Article 90 (Willfully disobeying a superior commissioned officer: 2 specifications - violating a military protective order issued by his commanding officer ) and Article 133 (Conduct unbecoming an officer - wrongfully and dishonorably maltreat his spouse by subjecting her to repeated offensive verbal abuse and a harsh and disturbing home environment ) . The Applicant’s spouse reported problems in their marriage to the command . A thorough investigation was conducted which resulted in charges agai nst the Applicant. He was referred to a general c ourt- m artial. In lieu of a general court-martial, t he Applicant offered to plead guilty to charges at a NJP and submit a qualified resignation . The Commanding G eneral accepted the offer because it provided appropriate punishment for his offenses and also terminated his military service. The Applicant submitted a request for resignation in lieu of administrative separation processing. The Commanding General recommended approval of the resignation with a “General (Under Honorable Conditions) discharge, which was granted.

: (Decisional) ( ) . The Applicant contends his discharge characterization was incongruent with his performance (record of service) in the Marine Corps. Despite a Marine’s prior record of se rvice, certain serious offenses, warrant separation from the n aval service in order to maintain proper order and discipline. The fact that the command referred charges to a General Court-Martial, the NDRB determined that the charges against the Applicant substantiated his unacceptable conduct as an officer. The NDRB opined that the command took into consideration the Applicant’s record of service when it accepted his plea for an NJP and offer to resign his commission in lieu of a court-martial . The NDRB determined that an upgrade would be inappropriate. 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 RESIGNATION (UNACCEPTABLE CONDUCT) . 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 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 Disable d American 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

USMC | DRB | 2009_Marine | MD0901239

Original file (MD0901239.rtf) Auto-classification: Denied

Additionally, even if the Applicant could have produced additional evidence to support a review based on her post-service conduct, she should note that post-service conduct alone does not guarantee an upgrade.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 RESIGNATION -...
USMC | DRB | 2010_Marine | MD1000114

Original file (MD1000114.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 and the narrative reason for separation shall remain RESIGNATION UNACCEPTABLE CONDUCT. ” 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...
USMC | DRB | 2010_Marine | MD1001600

Original file (MD1001600.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. The NDRB found the Applicant’s misconduct of record to be far outside the bounds considered acceptable for a Marine officer. ” 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 | 2008_Marine | MD0801072

Original file (MD0801072.rtf) Auto-classification: Denied

The CA, per the requirements set out in paragraph 4003 of MCO P5800.16A (Marine Corps Manual for Legal Administration) forwarded the report of NJP to CMC (JAM), with the recommendation the applicant's letter of resignation be accepted and the Applicant be discharged with a “ General (Under Honorable Conditions)” characterization of service. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record, Discharge Process and evidence submitted by...
USMC | DRB | 2006_Marine | MD0600757

Original file (MD0600757.rtf) Auto-classification: Denied

The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “ Secretarial Authority. Equity – Quality of service: The Applicant contends that his characterization of discharge was unduly harsh, considering his more than 11 years of devoted service to the Marine Corps and that his “adulterous conduct was not service discrediting nor did it prejudice good order and discipline.”...
USMC | DRB | 2014_Marine | MD1400234

Original file (MD1400234.rtf) Auto-classification: Denied

The Applicant’s administrative separation package, which included his qualified resignation request, was properly submitted up the Applicant’s chain of command and was approved by the Assistant Secretary of the Navy (Manpower & Reserve Affairs) with a narrative reason of Unacceptable Conduct and a corresponding Separation Code of BNC1.The Applicant submitted a request for a qualified resignation, and the Separation Code FND applies only to unqualified resignations. Relief denied.Summary:...
NAVY | DRB | 2008_Navy | ND0800361

Original file (ND0800361.rtf) Auto-classification: Denied

From Representation: From Member of Congress: Other Documentation (Describe) DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. The Applicant has requested an upgrade based on performance while on active duty. 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
USMC | DRB | 2010_Marine | MD1001755

Original file (MD1001755.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. 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 UNACCEPTABLE CONDUCT. ” Additional Reviews : After a document review has been conducted, former members...
USMC | DRB | 2003_Marine | MD03-00888

Original file (MD03-00888.rtf) Auto-classification: Denied

MD03-00888 Applicant’s Request The application for discharge review was received on 20030409. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 010717: Commanding officer recommended approval of Applicant’s request for resignation, but recommended discharge with a general (under honorable conditions) due to substandard performance of duty and misconduct.
NAVY | DRB | 2010_Navy | ND1000901

Original file (ND1000901.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to:SECRETARIAL AUTHORITY Summary of ServicePrior Service: Inactive:USNR (DEP)20020715 - 20021103Active:20021104 - 20050804 Period of Service Under Review: Date of Appointment: 20050805Age: Years Contracted: IndefiniteDate of Discharge: 20070222Highest Rank: ENSLength of Service: 01 Year(s) Month(s) 19 Day(s) Education Level: AFQT: 91Officer’s Fitness reports: AvailableAwards and Decorations (per DD 214): FLOCPeriods of...

Search Decisions

Decision Text

USMC | DRB | 2009_Marine | MD0901503

Similar Decisions