Search Decisions

Decision Text

USMC | DRB | 2010_Marine | MD1000437
Original file (MD1000437.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)       20071117 - 20071209     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20071210     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20090613      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 04 D a y ( s )
Education Level:        AFQT: 70
MOS: 6113
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle

Periods of UA / CONF :

NJP:
- 20081007 :       Article 111 (Drunken o r reckless operation of vehicle - 2 specifications )
         Specification 1: Operate a motor vehicle while under the influence of alcohol with a BAC of 0.15
          Specification 2: Driving recklessly while under the influence of alcohol, ticketed for 51 MP H in a 25 MPH speed zone.
         Awarded : Susp ended:

SCM:

SPCM:

CC:

Retention Warning Counseling :
- 20081013 :       For violation of A rticle 111, Drunken or reckless operation of vehicle. For operating a motor vehicle while under the influence of alcohol with a BAC of 0.15 and for reckless driving while under the influence of alcohol, to wit: was ticketed for 51 MPH within a 25 MPH speed zone. This resulted in your NJP on 20081007.
- 20090228 :       For alcohol dependency disorder
- 20090317 :       For your diagnoses of a Personality Disorder as evidenced by the behavioral health evaluation letter and also your inability to function effectively in a military enviro n ment .






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 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. The Applicant contends his discharge is inequitable , because he was depressed, ordered to attend hospital session s , and then separated from the Marine Corps.

Decision

Date: 20110217 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 111 (Drunken or reckless operation of vehicle - 2 specifications: Operate a motor vehicle while under the influence of alcohol with a BAC of 0.15 and driving recklessly while under the influence of alcohol, ticketed for driving 51 MPH in a 25 MPH speed zone). Based on the Applicant ’s mental health issues, taking into account the UCMJ offenses he committed , command administratively processed for separation. When notified of administrative separation processing using the procedure, the Applicant exercised rights to consult with a qualified counsel, but waived his rights to submit a written statement for consideration by the separating authori ty and to request a General Court-Martial Convening Authority review.

: (Decisional) ( ) . The Applicant contends his discharge is inequitable , because he was depressed, ordered to attend hospital session s , and then was separated from the Marine Corps. The Applicant was seen after an alcohol incident and was diagnosed as alcohol dependent on 16 October 2008. The Applicant was sent to Level II alcohol treatment, with partial hospitalization, and successfully completed it in December 2008. O n 25 February 2009, the Applicant was also diagnosed, in conjunction with being alcohol dependen t , as having a depressive disorder and a borderline personality disorder. For this, the Applicant was separated from the Marine Corps and only after he was allowed to complete significant treatment for his alcohol issues. 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 Applicant’s discharge characterization accurately reflects his service. The NDRB determined that the Applicant’s issues are without merit. 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 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 | 2014_Marine | MD1400432

    Original file (MD1400432.rtf) Auto-classification: Denied

    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. ” Additional Reviews : After a document review has been conducted, former members are...

  • USMC | DRB | 2014_Marine | MD1400339

    Original file (MD1400339.rtf) Auto-classification: Denied

    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. ” Additional Reviews : After a document review has been conducted, former members are...

  • USMC | DRB | 2012_Marine | MD1200059

    Original file (MD1200059.rtf) Auto-classification: Denied

    Relief granted.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.The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. ” Additional Reviews : After a document review has been conducted, former members...

  • USMC | DRB | 2010_Marine | MD1001037

    Original file (MD1001037.rtf) Auto-classification: Denied

    For additional information, call 1-877-222-VETS (8387).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 . ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application...

  • NAVY | DRB | 2010_Navy | ND1001764

    Original file (ND1001764.rtf) Auto-classification: Denied

    Based on the Applicant’s repeated alcohol rehabilitation failures after receiving Level II and Level III alcohol rehabilitation treatment, to include two DUIs subsequent to completing treatment (3 career incidents involving driving while under the influence), and a previous COMNAVPERSCOM waiver of administrative separation(Feb 2006), his command processed for separationin accordance with the Naval Military Personnel Manual (MILPERSMAN). On 24 Oct 2008, the Applicant’s Commanding Officer...

  • USMC | DRB | 2012_Marine | MD1200418

    Original file (MD1200418.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. After considering all the facts and circumstances specific to the Applicant’s case, his command placed him on a six-month period of LIMDU to allow him to receive extensive PTSD counseling/treatment and alcohol rehabilitation program aftercare through his EAOS. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal...

  • USMC | DRB | 2009_Marine | MD0902435

    Original file (MD0902435.rtf) Auto-classification: Denied

    SNM willfully and with disregard for good order and discipline, consumed alcohol while under the legal drinking age, demonstrated unsafe operation of a motor vehicle, unnecessary risk to self and others, failure to obey state laws, failure to obey an order and discipline in the armed forces, and conduct that brings discredit upon the Naval Service and United States Marine Corps.- 20081218: For violation of Article 112a of the UCMJ that resulted in NJP on 20081218.- 20081218: For my illegal...

  • USMC | DRB | 2012_Marine | MD1201274

    Original file (MD1201274.rtf) Auto-classification: Denied

    The administrative board voted 3-0 that the preponderance of the evidence supported the Applicant had a pattern of misconduct and recommended separation with a characterization Under Other Than Honorable Conditions. ” 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 has no authority to...

  • USMC | DRB | 2013_Marine | MD1300670

    Original file (MD1300670.rtf) Auto-classification: Denied

    On 10 May 2011, an Administrative Separation Board convened and determined by a vote of 3-0 that a preponderance of the evidence supported that the Applicant committed a pattern of misconduct, that the Applicant should be administratively separated, and that the characterization of service should be Under Other Than Honorable Conditions. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge...

  • USMC | DRB | 2008_Marine | MD0800746

    Original file (MD0800746.rtf) Auto-classification: Denied

    The NDRB determined an upgrade founded upon the Applicant’s post-service conduct would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the...