Upgrade.Vet

USMC | DRB | 2009_Marine | MD0902196

Original file (MD0902196.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20090806

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)       19980303 - 19980726     Active:

Period of Service Under Review:
Date of Current Enlistment: 19980727     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 19990326      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 00 D a y ( s )
Education Level:        AFQT: 73
MOS: 9900
Proficiency/Conduct M arks (# of occasions): /          Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle

Periods of UA / CONF :

NJP:

- 19990211 :      Article : specifications 1
         Specification 1: Wrongful use, possession, etc of a controlled substance, to wit marijuana, identified through urinalysis confirmed by Nav y Drug L ab Jacksonville, F L msg 141537Z Jan 99.
         Awarded : (for 2 Months) and (45 days restriction, 15 days extra duties, to run concurrently). Susp ended:

SCM:     SPCM:

CC:

Retention Warning Counseling :
Additional Applicable Counseling: 1

- 19990211 :       For my illegal drug involvement, (marijuana usage identified through urinalysis confirmed by Navy Drug Lab Jacksonville , FL message 141537Z Jan 99).

Administrative Corrections to the Applicant’s DD 214

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

         “ UNDER OTHER THAN HONORABLE CONDITIONS ”
“ MISCONDUCT ”

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. Paragraph 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective
31 January 1997 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.        Non - decisional Issue: The Applicant seeks relief through upgrade of his characterization of service to Honorable in order to afford him better employability with local, state, and federal government s .

2.       Decisional Issue ( EQUITY ): The Applicant seeks an upgrade to his characterization of service based on inequity –characterization of service was predicated on one incident of illegal drug use during his eight-month period of service with no other adverse actions and that he was young and immature at the time and now takes full responsibility for his mistake .

3 .       Decisional Issue ( EQUITY ): The applicant request s the NDRB consider his post - service conduct as a basis for a more thorough understanding of his performance and conduct during the period of service under review and consider an upgrade in characterization of service .

Decision

Date: 20100819          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 governmental 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 adverse counseling warning and for o f the Uniform Code of Military Justice (UCMJ): Article (Wrongful use, possessio n etc of a controlled substance : marijuana , amount NFIR). The Applicant ’s service record reflects a pre-service drug waiver for marijuana usage prior to entering the Marine Corps . Furthermore, the Applicant a cknowledged complete understanding of the Marine Corps Policy Concerning Illegal Use of Drugs on 24 February 1998 as part of his enlistment into the Marine Corps . Based on the Article 112a violation of the UCMJ , processing for administrative separation is mandatory. W hen notified of the administrative separation processing, the Applicant was afforded the opportunity to exercise his right to request an administrative board and waived that right. The NDRB did not have the Applicant’s administrative separation package to determine whether the Applicant waived rights to consult with a qualified counsel or submit a written statement and must presume regularity in the conduct of governmental affairs.

: (Nondecisional) Applicant seeks relief to limit the negative connotations of his characterization of service in order to enhance his opportunities for employment with local, state, and federal government s . 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.

: (Decisional) ( ) . The Applicant regrets his in-service misconduct and believes it is inequitable to characterize his service as other than honorable on one singular incident of illegal drug use during his eight-month period of service with no other adverse actions. The NDRB recognizes the Applicant’s sincere regret ; h owever, despite a service member’s prior record of service , certain serious offenses, though isolated, warrant separation from the in order to maintain proper order and discipline. Violation of Article 112a is one such offense requiring mandatory processing for administrative separation , regardless of grade or time in service. This action usually results in an unfavorable characterization of discharge or, at a maximum, a punitive discharge with the possibility of confinement - if adjudicated and awarded as part of a sentence by a special or general court-martial. The command did not pursue a punitive discharge but instead opted for the more lenient administrative discharge. The NDRB determined an upgrade would be inappropriate.

: (Decisional) ( ) . The Applicant requested that the NDRB consider post-service conduct as a basis for a more thorough understanding of his performance and conduct during the period of service under review. The NDRB is authorized to consider post-service factors in the re - characterization of a discharge. However, 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 in civilian life subsequent to leaving the service. 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. C ompletion 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 w h ether previous in-service misconduct was an aberration or was indicative of the member’s overall character.

The Applicant submitted a personal statement to the NDRB regarding his current employment and completed training , no documentation of any post-service activities , and a Department of Veterans Affairs administrative decision document regarding the applicant’s administrative separation characterization . The NDRB carefully considered the documentary evidence submitted by the Applicant . After considering the Applicant’s time in service , service record, and the nature of the offense , the NDRB found the Under Other than Honorable Conditions characterization to be the most appropriate characterization of service , even in light of his post-service accomplishments , and determined the awarded characterization of service shall remain Under Other Than Honorable Conditions.

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 T herefore , 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

NAVY | DRB | 2013_Navy | ND1301620

Original file (ND1301620.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)Active: Period of Service Under Review: Date of Current Enlistment: 19950422Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:19990211Highest Rank/Rate:FALength of Service:Inactive: Year(s)Month(s) 17 Day(s)Active: Year(s) Month(s) 05 Day(s)Education Level:AFQT: 39EvaluationMarks:Performance:NFIRAwards and Decorations (per DD 214):Periods of...
USMC | DRB | 2009_Marine | MD0901440

Original file (MD0901440.rtf) Auto-classification: Denied

By a vote of 3-0,an administrative separation board recommended the Applicant’s separation from the Marine Corps with a General (Under Honorable Conditions) characterization of discharge. ” 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. Additionally, the NDRB has no authority to upgrade a discharge for the...
NAVY | DRB | 2015_Navy | ND1401371

Original file (ND1401371.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...
USMC | DRB | 2010_Marine | MD1000553

Original file (MD1000553.rtf) Auto-classification: Denied

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, court-martial proceedings, 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...
NAVY | DRB | 2011_Navy | ND1100193

Original file (ND1100193.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. ” 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. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.
NAVY | DRB | 2008_Navy | ND0801965

Original file (ND0801965.rtf) Auto-classification: Denied

The Board determined the characterization of service received, “Under Other Than Honorable Conditions”, was an appropriate characterization considering the length of service and the UCMJ violations involved, and based on the lack of post service documentation provided an upgrade would be inappropriate.Should the Applicant feel his post service conduct becomes substantial enough to warrant a personal appearance, there are veteran’s organizations, such as the American Legion, willing to...
NAVY | DRB | 2010_Navy | ND1000739

Original file (ND1000739.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...
NAVY | DRB | 2011_Navy | ND1101208

Original file (ND1101208.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: Pertinent Regulation/Law A. Relief granted.Summary:...
NAVY | DRB | 2011_Navy | ND1100698

Original file (ND1100698.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends his discharge is inequitable as it was based on an isolated incident in 14 years of service with no other adverse actions.2. 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...
NAVY | DRB | 2011_Navy | ND1101764

Original file (ND1101764.rtf) Auto-classification: Denied

: (Nondecisional)The Applicant requests his DD Form 214 be changed to reflect a Navy and Marine CorpsCommendation Medal he believes he was awarded post-service from the Navy.In reviewing discharges, the NDRB may identify administrative errors on the Applicant’s DD Form 214 that fall within the scope of the NDRB’s responsibility to examine the propriety and equity of a discharge. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of...

Search Decisions

Decision Text

USMC | DRB | 2009_Marine | MD0902196

Similar Decisions