Search Decisions

Decision Text

USMC | DRB | 2010_Marine | MD1000441
Original file (MD1000441.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20091124
Characterization of Service Received: UNDER OTHER THAN HONORABLE CONDITIONS
Narrative Reason for Discharge: UNSATISFACTORY PARTICIPATION
Authority for Discharge: MARCORSEPMAN

Applicant’s Request:      Characterization change to:
         Narrative Reason change to:

Summary of Service

Prior Service:
Inactive:         NONE              Active:  

Period of Service Under Review:
Date of Current Enlistment: 20040128     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20080110      H ighest Rank:
Length of Service :
Inactive: Y ea r ( s ) M on th ( s ) 11 D a y ( s )
Active: Y ea r ( s ) M on th ( s ) 04 D a y ( s )
 Education Level:        AFQT: 40
MOS: 0621
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 :
- 20060702 :       For unsatisfactory participation in Selected Marine Corps Reserve, specifically, you were unexcused absence for scheduled Annual Training conducted 20060616-20060702.
- 20060820 :       For unsatisfactory participation in Selected Marine Corps Reserve, specifically, you were unexcused absence for scheduled regular IDT Training conducted 20060818-20060820.
- 20061014 :       For violation of A rticle 86, failing to show for muster on 20061013-20061015, and A rticle 91, willfully disobeyed a lawful order.
- 20061015 :       For Competency Review Board held on 20061105 and you were reduced in rank to Pvt.
- 20061015 :       For violation of A rticle 86, failing to show for muster and be at his appointed place of duty on 20060915-20060917, and A rticle 91, willfully disobeyed a lawful order.
- 20061105 :       For violation of A rticle 86, failing to show for muster and be at his appointed place of duty on 20061104-20061105, and A rticle 91, willfully disobeyed a lawful order.
- 20070107 :       For violation of A rticle 86, failing to show for muster and be at his appointed place of duty on 200 61201 -200 61203 , and A rticle 91, willfully disobeyed a lawful order.
- 20070107 :       For violation of A rticle 86, failing to show for muster and be at his appointed place of duty on 20070105-20070107, and A rticle 91, willfully disobeyed a lawful order.

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 6213 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective
1 September 2001 until Present.

B. Marine Corps Reserve Administrative Management Manual, MCO P1001R.1, Chapter 3, Reserve Participation and Administrative Procedures, paragraph 3300.

 C. Table 61 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 1 September 2001, Guide for Characterization of Service.

D . 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 would like to reenlist into the Armed Forces.
 2 . The Applicant contends his failure to fulfill his obligation to his Reserve Unit was due to be ing young and dumb.

Decision

Date: 20110217 Location: Washington D.C. R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall UNSATISFACTORY PARTICIPATION .
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 , mostly pertaining to his unsatisfactory participation in the Selected Marine Corps Reserve. Based on the Applicant ’s inability to fulfill his obligated service to the Marine Corps , command administratively processed for separation. When notified of administrative separation processing using the procedure, the Applicant did not respond as to whether he wanted to exercise or waive rights to consult with a qualified counsel, to submit a written statement for consideration by the separating authority, and to request an administrative board .

: (Nondecisional) The Applicant wants to reenlist into the Armed Forces. 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 failure to fulfill his obligation to his Reserve Unit was due to him being young and dumb. The NDRB determined that the Applicant's youth or age was not a mitigating factor in his decision not to fulfill his obligation. By his own statement, the Applicant stated , “I departed for school. I did not plan to stop drilling. I was caught up in the lifestyle as a college freshman.” The Applicant’s Reserve Unit gave him plenty of opportunit ies to make good on his obligation. W hen t he Applicant’s Reserve Unit contacted his parents about his whereabouts, they said he no longer lived in the USA and would relay the message to him. 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 his issue is 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 UNSATISFACTORY PARTICIPATION . 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 | 2008_Marine | MD0801731

    Original file (MD0801731.rtf) Auto-classification: Denied

    - Numerous e-mails DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. The NDRB determined the Applicant’s characterization of service will be changed to “General (Under Honorable Conditions)”.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the...

  • USMC | DRB | 2011_Marine | MD1100324

    Original file (MD1100324.rtf) Auto-classification: Denied

    The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities as regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and the administrative separation process, the Board found Therefore, the awarded characterization of service shall and the...

  • NAVY | DRB | 2013_Navy | ND1301090

    Original file (ND1301090.rtf) Auto-classification: Denied

    The Board determined that the documentation submitted by the Applicant does not warrant relief. 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 .Since 15 years have elapsed since the date of his discharge, the Applicant is not eligible for a personal...

  • USMC | DRB | 2011_Marine | MD1100898

    Original file (MD1100898.rtf) Auto-classification: Denied

    The Applicant deployed twice in support of Operation Iraqi Freedom and is currently receiving 100% disability for PTSD from the Department of Veterans Affairs.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. Partial relief granted.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service,...

  • USMC | DRB | 2014_Marine | MD1400292

    Original file (MD1400292.rtf) Auto-classification: Denied

    The Applicant’s record of service included 6105 counseling warning, for of the Uniform Code of Military Justice (UCMJ): Article 90 (Assaulting or willfully disobeying superior commissioned officer, 1 specification), Article 91 (Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer, 1 specification), Article 92 (Failure to obey order or regulation, 2 specifications), Article 112 (Drunk on duty, 1 specification), Article 117 (Provoking speeches or gestures, 1...

  • USMC | DRB | 2013_Marine | MD1301497

    Original file (MD1301497.rtf) Auto-classification: Denied

    After a thorough review of the Applicant’s records, the NDRB determined clemency was not 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 Applicant’s date of discharge. 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...

  • NAVY | DRB | 2009_Navy | ND0900888

    Original file (ND0900888.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Based on an isolated incident in 37 months of service. discharge. ” 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.

  • USMC | DRB | 2010_Marine | MD1000818

    Original file (MD1000818.rtf) Auto-classification: Denied

    The Applicant was provided both directed outpatient counseling and managed care along with in-patient hospitalization for treatment of his alcohol abuse, as requested, prior to discharge.Summary: After a thorough review of the available evidence, to include the Applicant’s documentation, 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...

  • USMC | DRB | 2011_Marine | MD1102132

    Original file (MD1102132.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 | 2006_Marine | MD0601072

    Original file (MD0601072.rtf) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable. Specification 8: Failed to go at time prescribed to appointed place of duty on or about 0700, 19891017, restriction muster.Court-martial Date: 19891014 & 19891226 Findings: Guilty of Article(s) 86, 92, 112a Applicant...