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USMC | DRB | 2010_Marine | MD1001319
Original file (MD1001319.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20100419
Characterization of Service Received:
Narrative Reason for Discharge: .
Authority for Discharge: MARCORSEPMAN

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

Summary of Service
Prior Service:
Inactive:         USMCR (DEP)                Active:   USMC 20031015 - 20040312

Period of Service Under Review:
Date of Current Enlistment: 20030723     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20080514      H ighest Rank:
Length of Service:
         Inactive:        Y ea r ( s ) M on th ( s ) 24 D a y ( s )
 Active:         Y ea r ( s ) M on th ( s ) 28 D a y ( s )
 Education Level:        AFQT: 55
MOS: 3051
Proficiency/Conduct M arks (# of occasions): /          Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle MM(2)

Periods of UA / CONF :

NJP:    SCM:    SPCM:   CC:

Retention Warning Counseling : 10
- 20060604 :       For unsatisfactory participation in the MC Ready Reserve, failure to attend regular scheduled drills.
- 2007 0304 :       For unsatisfactory participation in the MC Ready Reserve, failure to attend regular scheduled drills.
- 2007 0415 :       For unsatisfactory participation in the MC Ready Reserve, failure to attend regular scheduled drills.
- 2007 0506 :       For unsatisfactory participation in the MC Ready Reserve, failure to attend regular scheduled drills.
- 2007 0603 :       For unsatisfactory participation in the MC Ready Reserve, failure to attend regular scheduled drills.
- 2007 0805 :       For unsatisfactory participation in the MC Ready Reserve, failure to attend regular scheduled drills.
- 2007 0908 :       For unsatisfactory participation in the MC Ready Reserve, failure to attend regular scheduled drills.
- 2007 1014 :       For unsatisfactory participation in the MC Ready Reserve, failure to attend regular scheduled drills.
- 20080106 :       For unsatisfactory participation in the MC Ready Reserve, failure to attend regular scheduled drills.
- 20080202 : For unsatisfactory participation in the MC Ready Reserve, failure to attend regular scheduled drills.

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:           Substance Abuse:                  Criminal Records:       
         Family/Personal Status:                   Community Service:                References:     
         Additional Statements :
                   From Applicant:            From Representat ion :               From Congress member :    
         Other Documentation :     

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.


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 there was a miscommunication between medical and his unit and between his old commanding officer and the new one.

Decision

Date: 20110512 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 ten 6105 counseling warnings concerning his unsatisfactory participation in the Marine Corps Ready Reserve by failing to attend regular ly scheduled drills. The command sent numerous letters, to include a personal visit, to the Applicant’s contact address trying to get him in satisfactory drill status with the unit. Based on the Applicant’s refusal to attend required drills with his Reserve Unit, command administratively processed for separation. By choosing not to respond to the command ’ s correspondence, he waived rights to consult with a qualified counsel, to submit a written statement for consideration by the separating authority, and to request an administrative board when he was being administratively processed for separation.
: (Decisional) ( ) PARTIAL . The Applicant contends his discharge is inequitable , because there was a miscommunication between medical and his unit and between his old commanding officer and the new one. When reviewing a discharge, the NDRB does consider the extent to which a medical problem might affect an Applicant’s performance and ability to conform to the military’s standards of conduct and discipline. The NDRB generally does not consider the circumstances surrounding the Applicant’s stated condition, nor the medical treatment given to the Applicant , to be of sufficient nature to exculpate the Applicant’s reason to miss scheduled drills. It is the NDRB’s experience that most Reserve Units go to great lengths t o help Marines maintain a satisfactory drilling status. Though the Applicant ha d a legitimate physical condition, it was his responsibility to maintain contact with his Reserve Unit and to remain in a satisfactory drilling status . If he had done so, the Marine Corps may have eventually separated the Applicant for medical reasons. However, t he NDRB determined that partial relief is warranted due to the extensive delay in responding to and treating the Applicant’s condition. Full relief to Honorable was not granted, because the Applicant bears responsibility for not maintaining a satisfactory drilling status. Partial relief granted.

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 . 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, Automatic Upgrades, Reenlistment/RE-code , Employment/Educational Opportunities, Service Benefits 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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