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USMC | DRB | 2010_Marine | MD1000005
Original file (MD1000005.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20090928
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)       19950217 - 19950723     Active:  

Period of Service Under Review:
Date of Current Enlistment: 199507 2 4     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 19990805      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 00 D a y ( s )
Education Level:        AFQT: 35
MOS: 2512
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      , , Meritorious Mast

Period of UA: 19990507-19990509, 3 days

NJP:

- 19960524 :       Article 86 (Absent from appointed place of duty to wit: Rifle range)
         Awarded : Co Lvl NJP; Susp ended:

- 19980714 :       Article 86 (Failed to be appointed place of duty 0445, 19980616)
          Awarded : Bn Cmdr NJP; Susp ended:

- 19990420 :       Article 91 (Insubordinate conduct)
         Awarded : Co Lvl NJP; Susp ended:

- 19990707 :       Article 86 (UA 19990507-19990509, 3 days )
         Awarded : Co Lvl NJP; Susp ended:

SCM:

- 19990712 :       Art icle (Steal computer monitor , military property, a value of $100.00.),
         Sentence : (199907 15 -199907 26, 1 2 days)

SPCM: CC:

Retention Warning Counseling :

- 19970708 :       For failed to be at an appointed place of duty, HQ BTRY 2NDBN 11THMAR.

- 19980717 :       For numerous occasions on his poor financial management.

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative errors on the original DD Form 214:
         
Type of Separation, should read: “ Discharged ”
“ GENERAL (UNDER HONORABLE CONDITIONS) ”
“ MARCORSEPMAN 1005 ”
“ COMPLETION OF REQUIRED ACTIVE SERVICE ”
“ (3) 990507-990509; (12) 990715-990726 ”

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

Pertinent Regulation/Law

 A. Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 August 1995 until
31 August 2001, Paragraph 1005, DISCHARGE FOR EXPIRATION OF ENLISTMENT OR FULFILLMENT OF SERVICE OBLIGATION .

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.       Nondecisional issues : Applicant seeks an upgrade in his characterization of service to Honorable and a change in re-enlistment code in order to reenlist in the Marine Corps .

2.       Decisional issues: The applicant did not identify any issues.

Decision


 Date: 20 10 1022            Location: Washington D.C .         R epresentation :

By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall be administratively corrected to COMPLETION OF REQUIRED ACTIVE SERVICE.

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 regarding the Applicant’s discharge to ensure it 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 86 ( Absence without leave – 2 specification of failure to be at his appointed place of duty and one specification of absence from his unit without authority) and Article 91 ( Insubordinate conduct). Additionally, the Applicant received a for violation of Article 121 of the UCMJ , specifically, larceny - theft of a government computer monitor, a value of less than $500.00.

The Applicant provided no additional documentation to the NDRB that was not already included in his service record.

: (Nondecisional) . The Applicant seeks a change in his reenlistment code from RE-4 to RE-3 in order to facilitate his reenlistment in the Marine Corps. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other branch of the Armed Forces, and 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. Reenlistment policy of the Marine Corps is promulgated by the Commandant of the Marine Corps , Headquarters United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134. A request for a waiver may be submitted through a recruiter during the processing of a formal application for reenlistment.

: (Decisional) – The Applicant provided no issue of equity or propriety for the Board to consider. However, t he NDRB conducted a detailed review under its responsibility to examine the propriety and equity of an Applicant's discharge . The Applicant’s record of service was marred by 2 retention warnings , 4 nonjudicial punishments , and a summary court - martial. The Applicant’s proficiency and conduct markings, which form the primary basis for determining the character of his service, clearly reflect ed his misconduct with an in-service average of 3.3 and 3.5, respectively . These marks fall below that which is required by the Marine Corps Separation and Retirement Manual for an H onorable characterization of service. The Board determined that the Applicant’s conduct in service was honest and faithful, but reflected significant negative aspects, which outweighed the positive aspects of his military record. As such, th e Board determined that relief is not warranted; a n upgrade to H onorable would be inappropriate.



The Applicant’s command did not recommend administrative separation for any reasons of misconduct as authorized in the Marine Corps Separation and Retirement Manual. The Applicant complete d his required obligated service in accordance with his enlistment contract . The Applicant’s service record clearly reflect s that he completed his required obligated active service and that he was subsequently transferred to the Individual Ready Reserve as stipulated in his enlistment contract. In reviewing the Applicant’s DD-214 ( Certificate of Discharge ) , the NDRB note d administrative errors. Having completed his required active service obligation, the Applicant was appropriately assigned a separation code of “MBK1” – Completion of Required Active Service. As such, t he Applicant’s type of separation should annotate “Discharged , ” vice “T ransferred to the Marine Corps Reserve ” and the n arrative reas o n for separation should reflect “Completion of Required Active Service ” instead of the erroneous entry of “Misconduct ” with the appropriate separation authority being cited as “MARCORSEPMAN, paragraph 1005.” The NDRB will recommend to the Commandant of the Marine Corps that the Applicant’s DD-214 be corrected to properly reflect the completion of his required active service.

It should also be noted that the Applicant was not awarded the Good Conduct Medal as he stated in his application to the NDRB. The mention of a Good Conduct Medal period commencing on 7 July 1999 in block 18 of his DD-214 reflects the date of his last NJP and the date at which consideration for future Good Conduct Medals starts. To receive a Good Conduct Medal, a servicemember must perform three years of service without any misconduct.

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 the discharge was proper and equitable, but not correctly reflected on the Applicant’s DD-214 due to administrative errors. Therefore, the awarded characterization of service shall and the narrative reason for separation shall be administratively corrected to properly reflect the Applicant’s .
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 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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