Search Decisions

Decision Text

USMC | DRB | 2009_Marine | MD0902610
Original file (MD0902610.rtf) Auto-classification: Denied
ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20090924
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)       20040609 - 20040829     Active:            20040830 - 200806 25
         U SMCR (DEP)       20080617 - 20080625

Period of Service Under Review:
Date of Current Enlistment: 20080626     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20090410      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 15 D a y ( s )
Education Level:        AFQT: 34
MOS: 1345
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:
Awards and Decorations ( per DD 214):      Rifle (3) (1) LoA
Periods of CONF :

NJP:
- 20090205 :      Article (Fail to report to appointed place of duty)
         Awarded: Suspended:

SCM: SPCM:      CC:

Retention Warning Counseling :
- 20090113 :       For diagnosis with a personality disorder, specifically: Personality disorder not otherwise specified with antisocial and narcissistic features.

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:                  Oth er Documentation:    
                  Additional Statements :
         From Applicant:            From /To Representation:            From /To Congress m ember :        

Pertinent Regulation/Law
A. Paragraph 6210, MISCONDUCT of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), 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 .

C. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 134 .


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

 1. Discharge based on a less than 24-hour UA (unauthorized absence) , because he had thoughts of killing his entire unit.

Decision

 Date: 20 10 1021            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 one 6105 counseling warning and one nonjudicial punishment for violation o f the Uniform Code of Mil itary Justice (UCMJ): Article 86 ( Failure to report to appointed place of duty). The Applicant made homicidal threats to kill several individuals. Based on communicating th ose threats, the Applicant’s command administratively processed him for separation. When notified of a dministrative separation processing using the administrative board procedure, the Applicant waived his rights to submit a written statement and request an administrative board and elected to consult with a qualified counsel.
Issue 1 : (Decisional) ( ) PARTIAL . The Applicant contends his d ischarge was bas ed on a less than 24-hour UA , because he had thoughts of killing his entire unit. The Applicant stated he did not want to kill his entire unit, his fear of being alone was misinterpreted, and he just wanted treatment or help for his thoughts. The Applicant provided documentation from the Lebanon Veterans Affairs Medical Center dated 29 and 30 April 2009 that indicated the Applicant was diagnosed with post-traumatic stress disorder (PTSD) and anxiety and was prescribed Quetiapine (used to treat schizophrenia, paranoia, major depression, mania , and anxiety). The NDRB did a thorough review of the Applicant’s in-service medical record and found no evidence of PTSD while in the service. Per his chronological record of medical care dated November 2005, the Applicant was told to seek medical treatment because of thoughts of killing others. He was diagnosed with mild depressive symptoms and adjustment disorder features. His post-deployment health assessment date d 20 August 2008 (in Iraq from 16 August 2007 to 6 September 2008), did not indicate any reason for mental health screening. In the Report of Medical Assessment, the Applicant indicated he was hospitalized in mental health in January 2009, but the NDRB could not find the specific reason for his hospitalization. However, t he NDRB determined the Applicant’s mental health was a mitigating factor associated with his in-service misconduct since his misconduct occurred after his return from combat duty and that partial relief is warranted based on equitable grounds. The NDRB determined an upgrade to Honorable would not be appropriate.
Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, and medical record entries, and discharge process, the Board found the discharge was proper and equitable at the time of discharge. However, based on equitable grounds, the awarded characterization of service shall GENERAL (UNDER HONORABLE CONDITIONS), but 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 his 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 | 2007_Navy | ND0700179

    Original file (ND0700179.rtf) Auto-classification: Denied

    Date Applicant Responded to Notification:NOT FOUND IN RECORD Rights Elected at Notification: Consult with Counsel NOT FOUND IN RECORD Obtain Copies of Documents NOT FOUND IN RECORD Submit Statement(s) (date) NOT FOUND IN RECORD Administrative BoardNOT FOUND IN RECORD GCMCA review NOT FOUND IN RECORD Commanding Officer Recommendation (date): NOT FOUND IN RECORD Separation Authority (date): NOT FOUND IN RECORDReason for discharge directed: NOT FOUND IN RECORD Characterization directed: NOT...

  • USMC | DRB | 2014_Marine | MD1400338

    Original file (MD1400338.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: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...

  • NAVY | DRB | 2009_Navy | ND0900900

    Original file (ND0900900.rtf) Auto-classification: Denied

    Moreover, the Applicant provided no documentation that he informed his chain of command of his family problems and did not receive the assistance, leave, or help he requested. 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...

  • NAVY | DRB | 2010_Navy | ND1001466

    Original file (ND1001466.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Relief warranted.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 change to. ” Additional Reviews : After a document review has been conducted, former members are...

  • USMC | DRB | 2012_Marine | MD1201472

    Original file (MD1201472.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. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits and this issue does not serve to...

  • NAVY | DRB | 2007_Navy | ND0700927

    Original file (ND0700927.rtf) Auto-classification: Denied

    Discharge Process Date Notified: NOT FOUND IN RECORDReason for Discharge:Least Favorable Characterization: Date Applicant Responded to Notification:NOT FOUND IN RECORD Rights Elected at Notification: NOT FOUND IN RECORDCommanding Officer Recommendation (date): NOT FOUND IN RECORD Separation Authority (date): NOT FOUND IN RECORDReason for discharge directed: NOT FOUND IN RECORD Characterization directed: NOT FOUND IN RECORD Date Applicant Discharged: 20021001 Types of Documents Submitted by...

  • USMC | DRB | 2009_Marine | MD0901187

    Original file (MD0901187.rtf) Auto-classification: Denied

    Based on the documentation in his service and medical records, the Board determined his claim of an erroneous discharge is without merit.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. In the absence of supporting documentation or evidence, the Board determines his claims of racism and lack of support from his command are without merit.Summary: After a thorough review of the available...

  • USMC | DRB | 2013_Marine | MD1301475

    Original file (MD1301475.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 does not have the authority to change a narrative reason for separation to one indicating a medical disability or other...

  • NAVY | DRB | 2010_Navy | ND1001808

    Original file (ND1001808.rtf) Auto-classification: Denied

    The Applicant states personal stressors caused him to lie about having suicidal thoughts that led to his discharge.The Board conducted an exhaustive review of the records and found no evidence to support, nor did the Applicant provide any evidence to indicate, he attempted to use the numerous services available for service members who undergo personal problems during their enlistment such as the Navy Chaplain or Medical or Mental Health professionals.The NDRB recognizes that serving in the...

  • USMC | DRB | 2015_Marine | MD1500444

    Original file (MD1500444.rtf) Auto-classification: 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 remain GENERAL (UNDER HONORABLE CONDITIONS) and the narrative reason for separation shall remain PERSONALITY DISORDER . ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application...