Search Decisions

Decision Text

USMC | DRB | 2009_Marine | MD0902583
Original file (MD0902583.rtf) Auto-classification: Denied

ex-, USMC
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:         USMCR (DEP)       20041209 - 20041212     Active:  

Period of Service Under Review:
 Date of Current Enlistment: 20041213     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20080627      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 15 D a y ( s )
Education Level:        AFQT: 41
MOS: 1345
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness Reports:

Awards and Decorations ( per DD 214):      Rifle (3) ( 1 Star)

Periods of CONF :          20080520 – 20080622 ( 34 days )

NJP:
- 20050729 :      Article ( Unauthorized absence by failing to be at appointed place of duty )
         Article (Failure to obey order or regulation - detained by County Sheriff for underage drinking and public intoxication)
         Awarded: Suspended:

- 20050901 :      Article (Failure to obey an order or regulation - underage drinking)
         Article 112 (Drunk on duty - reported to work section still under the influence of alcohol)
         Awarded: Suspended:

- 20080424 :      Article ( Unauthorized absence - 4 specifications of failing to be at appointed place of duty)
         Article ( Insubordinate conduct toward noncommissioned officer - 2 specifications )
         Article (Fail ure to obey order or regulation - 4 specifications )
         Awarded: Suspended:

SCM:
- 20080624 :      Article ( Unauthorized absence )
         Article (Insubordinate conduct toward noncommissioned officer – disrespect toward NCO)
         Article 128 (Assault)
          Article (General article - 2 specifications : Breaking restriction and drunk and disorderly conduct)
         Sentence: SCMO recommends 38 days CONF be credited towards restriction

SPCM:

CC:


Retention Warning Counseling:
- 20080424 :      For violation of A rticles 86 x4, 91 x2, and 92 x4 , resulted in NJP held this date.
- 20080514 :      For lack of respect toward CO on 20080424. Poor attitude and threatening comments against members of your company led to entire conv o y departing late and being pulled from scheduled convoy and missing movement altogether.
- 20080626 :      For rejecting treatment of alcohol substance abuse and PTSD, being that SVM has been diagnosed with both.

Administrative Corrections to the Applicant’s DD 214

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

         “ 2004 12 13 ”

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:           Rehabilitation/Treatment:                 Criminal Records:       
         Personal Documentation:           Community Service:                References:     
         Department of VA letter:                  Other Documentation:    
                  Additional Statements:
         From Applicant:           From/To Representation:           From/To Congress member:        

Pertinent Regulation/Law

 A. Paragraph 6210, MISCONDUCT , 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. The Applicant seeks a change in his RE-code in order to reenlist into the Coast Guard.
 2 . The Applicant contends his misconduct was due to youth, immaturity , and personal iss ues that led to his discharge.

Decision

Date: 20110120 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 Board did complete a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent standards of equity and propriety. The Applicant’s record of service included 6105 counseling warnings and for o f the Uniform Code of Military Justice (UCMJ): Article (Unauthorized absence - 5 specifications of failing to be at h is appointed place of duty ) , Article (Insubordinate conduct toward noncommissioned officer - 2 specifications by being belligerent in response to a Cpl and belligerent by throwing hands up and askin g a C pl if they wanted to fight), Article (Failure to obey order or regulation - 6 specifications: one being detained by County Sheriff for underage drinking and public intoxication , one for underage drinking and the other four for not being at place of duty ) and Article 112 (Drunk on duty by reporting to work section still under the influence of alcohol) and for of the UCMJ: Article (Unauthorized absence), Article 91(Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer – disrespect toward NCO), Article 128 (Assault) and Article (General article - 2 specifications: Breaking restriction and drunk and disorderly conduct) . Additionally, the Applicant tested positive for marijuana during MEPS, which required him to obtain a drug waiver to enlist into the Marine Corps. Based on the offenses committed by the Applicant, command administratively processed for separation. When notified of administrative separation processing using the procedure, the Applicant exercised rights to co nsult with a qualified counsel, but waived his rights to submit a written statement for consideration by the separating authori ty and to request an administrative board .

: (Nondecisional) The Applicant seeks a change in his RE-code in order to reenlist into the Coast Guard. 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 Board for Correction of Naval Records 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.
: (Decisional) ( ) . The Applicant contends his misconduct was due to youth, immaturity , and personal issues that led to his discharge. The NDRB determined t hat the Applicant ’ s youth or immaturity was not a mitigating factor in his misconduct. The Applicant was given several months of temporary active duty at a location near his family to attend to his ill newborn but was required to return to his unit for the last year of his enlistment . During his enlistment, t he Applicant was diagnose d as being alcohol dependent and having PTSD. In a counseling statement dated 26 June 2008, the command chronologically outlined all the attempt s to help him overcome the issues mentioned above , which were numerous . In this specific counseling, the Applicant declined to go to substance abuse treatment and PTSD treatment , which led to his command deciding to involuntarily separating him . In the event that an Applicant has medical issues and a history of misconduct, regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. The NDRB determined that the command properly discharged the Applicant and that the separation was warranted. 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 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, Reenlistment/RE-code 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 | 2010_Marine | MD1000729

    Original file (MD1000729.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/To Congress member: Pertinent Regulation/Law A. Paragraph 6210,...

  • USMC | DRB | 2009_Marine | MD0902123

    Original file (MD0902123.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The Applicant served for 2 years, 3 months, 17 days and had four NJPs during that time.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 Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain.The...

  • NAVY | DRB | 2012_Navy | ND1200830

    Original file (ND1200830.rtf) Auto-classification: Denied

    Based on the offenses committed by the Applicant, command administratively processed for separation.The NDRB did not have the Applicant’s administrative separation package to determine whether or not the Applicant waived rights to consult with a qualified counsel, submit a written statement, and request an administrative board or a General Court-Martial Convening Authority review. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal...

  • USMC | DRB | 2010_Marine | MD1002356

    Original file (MD1002356.rtf) Auto-classification: Denied

    Between November 1998 and June 2000, the Applicant received three NJPs, one civil arrest, and one 6105 retention warning, which included underage drinking, drunk on duty, driving while intoxicated, failure to obey orders and regulations, wrongful cohabitation with a female not his wife, and failure to pay debts and child support payments on time.Per the Marine Corps Separation and Retirement Manual, an Honorable characterization of service is warranted when the quality of a member’s service...

  • USMC | DRB | 2009_Marine | MD0901319

    Original file (MD0901319.rtf) Auto-classification: Denied

    By a vote of the Narrative Reason shall COMMISSION OF A SERIOUS OFFENSE.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...

  • USMC | DRB | 2012_Marine | MD1201107

    Original file (MD1201107.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. Paragraph 6210, MISCONDUCT ,...

  • USMC | DRB | 2015_Marine | MD1500238

    Original file (MD1500238.rtf) Auto-classification: Denied

    - 20050511: Article (Failure to obey order or regulation) 2 specifications Specification 1: Willfully failing to check-out without a liberty buddy. 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 remain UNDER OTHER THAN HONORABLE CONDITIONS and the narrative reason for separation shall remain MISCONDUCT. ” Additional...

  • USMC | DRB | 2013_Marine | MD1300873

    Original file (MD1300873.rtf) Auto-classification: Denied

    There is no indication in the evidence of record or in the documentation submitted by the Applicant’s mother that the Applicant was recommended for or processed for a medical board by proper authority. The NDRB determined his command did not purposely hold his administrative separation board before his civilian court date, and the Applicant received full due process during the administrative proceedings. ” Additional Reviews : After a document review has been conducted, former members are...

  • USMC | DRB | 2012_Marine | MD1201839

    Original file (MD1201839.rtf) Auto-classification: Denied

    Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. 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 Applicant remains eligible for a personal appearance hearing for a period of...

  • USMC | DRB | 2013_Marine | MD1300341

    Original file (MD1300341.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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 Applicant is not eligible for further reviews from the NDRB. ” Additional Reviews :...