Upgrade.Vet

USMC | DRB | 2009_Marine | MD0902546

Original file (MD0902546.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20090909

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)       20050218 - 20050417     Active:

Period of Service Under Review:
Date of Current Enlistment: 20050418     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20070912      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 25 D a y ( s )
Education Level:        AFQT: 44
MOS: 0311
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle CoA

Periods of UA : 20070228-20070328 (29 Days)

NJP:

- 20070517 :      Article (UA 20070228-20070329, 29 days)
         Awarded : Susp ended:

SCM:

SPCM:

CC:

Retention Warning Counseling :

- 20061227 :       For your diagnosed personality disorder, as evidenced by the Regimental Psychologist evaluation letter of 20061212.

Administrative Corrections to the Applicant’s DD 214

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

         “ GENERAL (UNDER HONORABLE CONDITIONS) ”

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 6203.3 CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 1 September 2001 until Present.

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 requests upgrade in characterization of service to Honorable with no specified issue.

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. T he Applicant did not identify any decisional issues to the Board. However, the Board did complete a thorough review of the circumstances that led to the discharge , and the discharge process , to ensure his discharge met the pertinent standards of equity and propriety.

The Applicant’s record of service included one 6105 retention- counseling warning and one for o f the Uniform Code of Military Justice (UCMJ): Article 86 ( Absence without leave; to wit, absented himself from his unit for 29 days ) . Prior to separation, the Applicant was afforded an opportunity to be evaluated for possible Post - Traumatic Stress Disorder (PTSD); the Applicant elected, in writing, to not accept that screening.

The Applicant was a combat veteran, deploying with his assigned Infantry Battalion to Iraq in support of OPERATION Iraqi Freedom. While deployed to Iraq , the Applicant referred himself to his medical officer for e valuation due to stress. Based on the Applicant’s concerns and the unit Medical Officer ’s evaluation, the Applicant was evacuated to the Regimental Aid Station aboard Al-Asad Air Base . The A pplicant was seen and treated by the Mental Health Care clinic located aboard Al-Asad; based on their evaluation, t he Regimental Medical Officer pro vided the service recommend ation for separation due to an Unspecified Personality disorder , with suicidal ideation. The Applicant was approved for a routine medical evacuat ion from theater . Upon return to home station, the command ’s remain - behind element completed the administrative processe s for separation due to Convenience of the Government – Personality Disorder. When notified of the a dministrative separation processing using the notification procedure, the Applicant waived rights to consult with a qualified counsel and submit a written statement to the separation authority. The NDRB reviewed the Applicant’s administrative separation package to verify that the Applicant was afforded the opportunity to exercise his rights as required by the Marine Corps Separation and Retirement Manual (MARCORSEPMAN) .

The Applicant provided no post - service documentation for the board’s consideration. The Applicant should be aware that submission of documentation regarding post - service conduct alone does not guarantee an upgrade from an unfavorable discharge as the Board reviews each discharge on a case-by-case basis . I n doing this, t he NDRB considers post-service conduct in order to determine if the misconduct committed during active duty was indicative of the Applicant's character or was an abe rration.

: (Decisional) ( ) - .

(Propriety) Pursuant to paragraph 6203.3 of the MARCORSEPMAN , members may be processed for separation based on a M ental H ealth Care P rofessional's clinical diagnosis of a personality disorder when th at disorder is so severe that one's ability to function effectively and perform their duties is significantly impaired, and the individual poses a threat to the safety or well being of themselves or others. Separation for personality disorder is not appropriate when separation is warranted for any other reason (e. g., member meets minimum criteria for misconduct processing). The record of evidence reflects the Applicant met the requirements for processing by reason of Convenience of the Government (Personality Disorder) . As such, the board did not discern any impropriety; relief not warranted.

(Equity) A G eneral (Under H onorable C onditions) characterization of service is appropriate if the member’s service has been honest and faithful but significant negative aspects of the member’s conduct or performance outweighs positive aspects of the member’s military record. A review of the Applicant’s Proficiency (PRO) and Conduct (CON) marks document a pattern of inconsistent performance and conduct by the Applicant . Upon separation, if a member’s average proficiency marks are below 3.0 and average conduct marks below 4.0, the Marine may be awarded a General (Under Honorable Conditions) discharge. 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 enlistment PRO/CON marks were 3.9 and 3. 9, respectively. Based on these marks and the NJP for 29 days of Unauthorized Absence from his unit , the command was justified in awarding the Applicant a General (Under Honorable Conditions) discharge. The Board determined an upgrade to an H onorable characterization of service would be inappropriate .

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 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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USMC | DRB | 2009_Marine | MD0902546

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