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USMC | DRB | 2009_Marine | MD0902543
Original file (MD0902543.rtf) Auto-classification: Denied

ex-, USMCR
Current Discharge and Applicant’s Request
Application Received: 20090917
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:         NONE              Active:  

Period of Service Under Review:
Date of Current Enlistment: 20090528     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20090616      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 19 D a y ( s )
Education Level:        AFQT: 61
MOS: 8011
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 :

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 P1900.16F ) effective 1 September 2001 until Present,
paragraph 6205, ENTRY LEVEL PERFORMANCE AND CONDUCT .

 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 contends that the justification for separation and the awarded characterization of his service resulted from fabricated lies and was part of a conspiracy to deny the Applicant his opportunity to prove himself as a Marine.

Decision

Date: 20 10 0930            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 submitted his separation documents, his recruit training evaluations, and the Mental Health Evaluation recommendations along with multiple personal letters to the Board.

The Applicant identified one decisional issue for the Naval Discharge Review Board (NDRB) to consider . T he Board complete d a thorough review of the circumstances that led to the discharge , and the discharge process , to ensure the discharge met the pertinent standards of both propriety and equity. The Applicant was assessed into the service with a six- year contractual obligation for drill participation in the S elected Marine Corps Reserve. His record of service while on active duty for training included no formal retention counseling warnings or non-judicial punishments and no trial by court martial.

During the separation proceedings, the Applicant acknowledged his rights to be exercised , or waived , and acknowledged the reason for discharge by initials and signature . The applicant chose to waive his right to cou nsel and to submit a written statement to the Separation Authority.

: (Decisional) ( ) . The Applicant contends that the justification for separation and the awarded characterization of his service resulted from fabricated lies and was part of a conspiracy to deny the Applicant his opportunity to prove himself as a Marine.

 The Applicant was discharged from the naval service while undergoing initial entry level training at the Marine Corps Recruit Depot Parris Island . The Applicant’s record of service reflects a failure to complete any formal training days. He shipped to, and arrived at, the Marine Corps Recruit Depot on 28 May to begin recruit training. On 2 June, the Applicant was referred to the Mental Health Unit for evaluation due to talking to himself, an appearance of depression, and outbursts of anxiety , all coupled with an overall concern for the Applicant’s ability to adapt to the recruit training environment and to military service.

The Department Head conducted the Mental Health Unit (MHU) evaluation; the Applicant was diagnosed with an adjustment disorder with anxiety. The diagnosing officer recommended separation and an immediate transfer to the recruit separation company. The specific recommendation by the MHU was that the Applicant was unqualified for further military service due to a failure to adapt to the Marine Corps environment in accordance with paragraph 6210.5 of the Marine Corps Separation and Retirement Manual ( (MCO P1900.16F ). Given the Applicant ’ s documented recruit performance evaluation and the Mental Health Unit Department Head recommendation, the chain of command recommended discharge to the Separation Authority. On 16 June, the Separation Authority concurred with the chain of command’s recommendations and directed the Applicant to be discharged. The narrative reason for discharge, as directed, was “Entry Level Performance and Conduct” and the characterization of service was “Uncharacterized. ”

The Marine Corps Separation and Retirement Manual directs that a separation initiated within the first 180 days of continuous active duty service be described as an entry level separation . Furthermore, the characterization of service will be “Uncharacterized,” except when characterization of service as Under Other Than Honorable (OTH) is clearly more appropriate or Honorable is clearly warranted. Only the Secretary of the Navy, on a case-by-case basis, approves a characterization of service as Honorable for service members with less than 6 months of continuous active duty service . The Applicant ’s record reflects no misconduct that would warrant an Under O ther T han H onorable characterization of his service. Additionally, there was no documented evidence of unusual ly meritorious circumstances involving personal conduct and performance of military dut ies that would clearly warrant the characterization of service as Honorable. Therefore, the NDRB determined that the “ Uncharacterized ” characterization of service at discharge was correct and appropriate.

W ith respect to nonservice-related administrative matters, i.e., Department of Veterans Affairs benefits, civilian employment, higher education funding, etc., an “ Uncharacterized ” separation shall be considered the equivalent of an Honorable or General (Under Honorable Conditions) characterization of service.

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

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