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USMC | DRB | 2010_Marine | MD1000432
Original file (MD1000432.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20091124
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)       20000512 - 20000619     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20000620     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20001208      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 19 D a y ( s )
Education Level:        AFQT: 33
MOS: 9971
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:
Awards and Decorations ( per DD 214):      Rifle

Periods of UA / CONF :     NJP:     SCM:     SPCM:    CC:

Retention Warning Counseling : - ( 20001108 ) For your inability to adapt to the daily rigors of Marine Corps due to you r adjustment disorder.

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:
         “ UNCHARACTERIZED ”
         “ MARCORSEPMAN 6205 ”
         “ ENTRY LEVEL PERFORMANC E AND CONDUCT ”

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. The Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 18 August 1995 until 31 August 2001), paragraph 6205, ENTRY LEVEL PERFORMANCE AND CONDUCT.
B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review NDRB (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 NDRB (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

 1 .       Decisional issue : (Propriety) The Applicant contends that his Form DD-214 is in error and that he was advised he was being separated pursuant to paragraph 6205 (Entry level Performance and Conduct) of the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), not paragraph 6203.3 (Convenience of the Government – Personality Disorder) and seeks a change to reflect that . (Equity) The Applicant contends that his service warrants consideration for upgrade to Honorable.

Decision

 Date: 20 1 1 020 1            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 NDRB 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 Applicant provided no documentation that was not already contained within his official military service record. The Applicant identified one decisional issue for the NDRB’s consideration. The NDRB completed 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.

: (Decisional) ( ) – RELIEF NOT WARRANTED , CORRECTIONS REQUIRED DUE TO ADMINISTRATIVE ERROR . The Applicant contends that his Form DD-214 is in error and that he was advised he was being separated pursuant to paragraph 6205 (Entry level Performance and Conduct) of the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), not paragraph 6203.3 (Convenience of the Government – Personality Disorder) .

The Applicant was a cc essed into the service with a four-year contractual obligation for active duty service as a Combat Engineer. His record of service while on active dut y included one formal retention- counseling warning (6105 Entry) and no non-judicial punishments or trials 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 A pplicant chose to waive his right to consult with a qualified legal counsel and to submit a written statement to the Separation Authority. The Applicant’s separation did not warrant the right to elect an administrative hearing board.

The Applicant was recommended for administrative separation pursuant to paragraph 6205 of the Marine Corps Separation and Retirement Manual (MARCORSEPMAN) - Entry Level Performance and/or Conduct. The Applicant was evaluated by an appropriately credentialed mental health care provider who determined the Applicant was not mental ly ill, was responsible for his behavior and conduct, but was not suitable for continued military service and that he was having extreme difficulty adjusting to a military environment. On 08 November 2000, the Applicant was formally counseled regarding his performance and conduct and provided an opportunity to correct his identified deficiencies. On 30 November 2000, the Applicant ’ s command recommended that he be separated from the service due to his evidenced failure to adjust to the military lifestyle and his inability to successfully complete the training required of him. The command further identified that the Applicant could not complete tasks as assigned without constant direct supervision. As such, the command recommend ed separation based on the Applicant being unqualified for further service by reason of entry level performance and/or conduct, as evidenced by incapability, lack of reasonable effort , and failure to adapt to the Marine Corps environment.

The Separation Authority reviewed the recommendation for propriety and equity and determined that separation was warranted. He further directed that the Applicant be separated pursuant to Paragraph 6205 of the MARCORSEPMAN (Entry Level Performance and Conduct) . After a thorough review of the circumstances that led to the Applicant’s discharge and discharge process, the NDRB found no issues of impropriety in the discharge action. However, t he NDRB noted that the Applicant’s DD-214 was completed incorrectly by the servicing administrative center. It fails to reflect properly the designated separation authority and the directed narrative reason for separation as determined by the Separation Authority .

The NDRB will recommend to the Commandant of the Marine Corps that the Applicant’s DD-214 be corrected a dministratively to reflect the proper separation authority and proper narrative reason for separation as directed by the Separation Authority at time of issue. Accordingly, no change is warranted to the original determination by the separation authority, however, administrative relief is required due to errors in the production and certification of the Applican t’s Form DD-214 .

: (Decisional) ( ) – RELIEF NOT WARRANTED , CORRECTIONS REQUIRED DUE TO ADMINISTRATIVE ERROR . The Applicant seeks an upgrade to General (Under Honorable Conditions) as was told to him by his chain of command during the separation proceedings.

When notified of the pending separation proceeding, the Applicant was advised that the least favorable characterization he could receive was a General (Under Honorable Conditions) discharge, however the commanding officer advised the applicant that he was recommending the Applicant be separated with an Uncharacterized separation. The Applicant was further advised – in writing – that the Separation Authority would make the final determination of characterization of service.

The Separation Authority directed that the Applicant’s characterization of service at discharge be UNCHARACTERIZED due to having served less tha n 180 days of continuous active duty service. In accordance with the MARCORSEPMAN, a s eparation initiated while a member is within the first 180 days of continuous active duty will be described as an entry-level separation , except when the characterization of service as Under Other Than Honorable Conditions (OTH) is authorized or Honorable is clearly warranted. The Applicant had no misconduct that would rate an under other than honorable discharge, and there were no evidence of unusual circumstances involving personal conduct and performance that would merit an Honorable characterization that would require approval by t he Secretary of the Navy. Since the Applicant had served only 1 63 days of continuous active military service at the date of notification of separation , an Uncharacterized discharge is considered the correct and most appropriate characterization of service warranted . After a thorough review of the circumstances that led to the Applicant’s discharge and discharge process, the NDRB found no issues of inequity , the characterization of the Applicant's discharge as Uncharacterized was equitable and was consistent with the characterization of discharge given others in similar circumstances. However, t he NDRB noted that the Applicant’s DD-214 was completed incorrectly by the servicing administrative center ; i t fails to reflect properly the specified characterization of service at discharge as determined by the Separation Authority. As such, no relief is warranted based on equity, but administrative correction is required by Headquarters Marine Corps to properly reflect the characterization of service as determined by the Separation Authority at the time of discharge.

The Applicant should be aware that an Uncharacterized separation is considered the equivalent of an Honorable or General (Under Honorable Conditions) discharge with respect to nonservice-related administrative matters (i.e., VA benefits, educational, and employment).

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the NDRB found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .

T he Applicant’s DD-214 was completed by the administrative servicing center incorrectly and requires correction s based on the awarded separation . The NDRB will recommend to the Commandant of the Marine Corps that the Applicant’s DD-214 be corrected administratively to reflect the proper character ization of service, separation authority, and narrative reason for separation as was directed by the Separation Authority at time of issue.

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:// NDRB s.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 NDRB 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 NDRB 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 NDRB , 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 NDRB 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 NDRB 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 NDRB 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.

NDRB Membership: The names and votes of the members of the NDRB NDRB 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 NDRB s
 Attn: Naval Discharge Review NDRB
 720 Kennon Street SE Rm 309
Washington Navy Yard DC 20374-5023

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