Upgrade.Vet

USMC | DRB | 2009_Marine | MD0901973

Original file (MD0901973.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20090707

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)       19970320 - 19970526     Active:

Period of Service Under Review:
Date of Current Enlistment: 19970527     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 19970626      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 00 D a y ( s )
Education Level:        AFQT: 35
MOS: 9900
Proficiency/Conduct M arks (# of occasions): /          Fitness R eports:

Awards and Decorations ( per DD 214):      NONE

Periods of UA / CONF :

NJP: SCM: SPCM: CC: Retention Warning Counseling :

Administrative Corrections to the Applicant’s DD 214

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

         “ FRAUDULENT ENTRY INTO MILITARY SERVICE ”

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:          Substance Abuse:                  Criminal Records:
         Family/Personal Status:                   Community Service:                References:
         Additional Statements :
                  From Applicant:          From Representat ion :               From Congress member :

         Other Documentation :

Pertinent Regulation/Law

A. The Marine Corps Separation and Retirement Manual, MCO P1900.16E), effective 18 August1995 until 31 August 2001, paragraph 6204, DEFECTIVE ENLISTMENT AND INDUCTION.

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 desires to improve his employment opportunities.
2.       Applicant was informed that his discharge would be upgraded to General after 6 months.
3 . Recruiter told him to lie about his medical history.
Decision
Date: 20 10 0722          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 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 no misconduct resulting in nonjudicial punishment or court-martial. 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 19 March 1997 . During recruit training, the Applicant was found to have withheld medical information which would have disqualified him from enlistment. Based on the recommendation of competent medical authority, the Applicant ’s , command administratively processed for separation for fraudulent entry into military service . When notified of administrative separation processing, the Applicant rights to consult with a qualified counsel and submit a written statement. The Applicant was n ot entitled to an administrative board .

: (Nondecisional) The Applicant desires to improve his employment 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.

: (Nondecisional) The Applicant said he was informed that his Uncharacterized discharge would be changed to a General discharge after 6 months. There is no law or regulation that provides for an unfavorable or uncharacterized discharge to be upgraded based solely on the passage of time or good conduct subsequent to leaving naval service.

: (Decisional) ( ) . The Applicant contends his recruiter told him to lie about his medical history of back trouble and asthma. The record reflects the Applicant went to medical during recruit training complaining of back pain and dif ficulty breathing. He communicated to the medical officer that he had a history of back trouble and asthma that was not disclosed during his enlistment process. He told the doctor his back and asthma bothered him every time he had to conduct physical training. The doctor placed him in the Marine R ecovery P latoon (MRP) due to the Applicant’s inability to continue training . After placement in the MRP, the Applicant told a medical officer he was demoralized, wanted to go home , and was having suicidal thoughts. Competent medical authority recommended entry level separation for fraudulent enlistment. The NDRB determined an Uncharacterized discharge was the only appropriate characterization since the Applicant was in the Marine Corps for less than 180 days. Further, the NDRB found clear and overwhelming evidence that the Applicant withheld medical information that c ould have disqualified him from military service. Therefore, the most appropriate narrative reason for separation is Fraudulent Entry i nto Military Service.

As to an investigation of the Applicant’s recruiting officer, t he NDRB is not an investigative body and has no knowledge of such an investigation. The Applicant should contact the Naval Inspector General's Office ( www.ig.navy.mil ) .

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 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 | 2007_Marine | MD0700713

Original file (MD0700713.rtf) Auto-classification: Denied

After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that Administrative Corrections to the Applicant’s DD 214 The NDRB did note administrative error(s) on the original DD Form 214: “ FRAUDULENT ENTRY INTO MILITARY SERVICE ” The NDRB will recommend to the Commandant of the Marine Corps that the DD 214 be corrected as appropriate. ”...
USMC | DRB | 2009_Marine | MD0901783

Original file (MD0901783.rtf) Auto-classification: Denied

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. ” 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. If...
USMC | DRB | 2013_Marine | MD1300657

Original file (MD1300657.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: HONORABLENarrative Reason change to:MEDICAL Summary of Service Prior Service: Inactive:USMCR (DEP)20060628 - 20060709Active: Period of Service Under Review: Date of Current Enlistment: 20060710Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20060802Highest Rank:Length of Service: Year(s)Month(s)23 Day(s)Education Level: AFQT:74MOS: 9900Proficiency/Conduct Marks (# of occasions):NOB/NOBFitness Reports: Awards and...
USMC | DRB | 2014_Marine | MD1400802

Original file (MD1400802.rtf) Auto-classification: Denied

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. 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...
USMC | DRB | 2012_Marine | MD1200362

Original file (MD1200362.rtf) Auto-classification: Denied

: (Nondecisional) The Applicant seeks a change in his narrative reason to reenlist.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. Relief granted.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...
USMC | DRB | 2012_Marine | MD1200937

Original file (MD1200937.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Relief granted.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 but the narrative reason for separation shall change to.The Applicant remains eligible for a personal appearance hearing for a period of fifteen...
USMC | DRB | 2005_Marine | MD0500306

Original file (MD0500306.rtf) Auto-classification: Denied

The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. rd Battalion Commanding Officer indicates recruit had a preservice history undisclosed of asthma with no allegations toward any recruiting members.040428: Applicant’s voluntary medical statement: This Recruit was not aware of this medical condition before entering MEPS and therefore did not disclose the information he has been enlightened with. ...
USMC | DRB | 2012_Marine | MD1200718

Original file (MD1200718.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)20041215 - 20050724Active: Period of Service Under Review: Date of Current Enlistment: 20050725Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20050901Highest Rank:Length of Service: Year(s)Month(s)08 Day(s)Education Level: AFQT:47MOS: 9900Proficiency/Conduct Marks (# of occasions):N/AFitness Reports: Awards and Decorations (per DD...
USMC | DRB | 2010_Marine | MD1001348

Original file (MD1001348.rtf) Auto-classification: Denied

The Marine Corps could have discharged the Applicant for Fraudulent Enlistment but chose to use Condition Not a Disability as the Narrative Reason for Separation once it was clear that he could not effectively serve.The NDRB determined that the Applicant’s discharge characterization accurately reflects his service. 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...
NAVY | DRB | 2012_Navy | ND1201483

Original file (ND1201483.rtf) Auto-classification: Denied

Representation: 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 governmental affairs unless there is substantial credible evidence to rebut the presumption, to include...

Search Decisions

Decision Text

USMC | DRB | 2009_Marine | MD0901973

Similar Decisions