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USMC | DRB | 2010_Marine | MD1001343
Original file (MD1001343.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20100420
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)       20010222 - 20010506     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20010507     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20040615      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 09 D a y ( s )
Education Level:        AFQT: 86
MOS: 0331
Proficiency/Conduct M arks (# of occasions): /          Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle

Periods of UA :    20030317-20030318, 2 days; 20030528, 1 day; 20040312, 1 day; 20040303-20040 3 31, 9 days

NJP:

- 20031219 :      Article (Missing movement)
         Awarded: Suspended:

- 20040217 :      Article (UA 20040120 – 20040126 , 6 days )
         Awarded: Suspended:

SCM:

SPCM:

- 20020508 :       Art icle (UA 20011217-20020127, 41 days)
         Art icle (Missing movement)
          Sentence : FOR 90 DAYS (20020127-20020130, 4 days (IHCA) , 20020201-20020329, 62 days (pretrial) and 20020508-20020519, 12 days )

CC:

Retention Warning Counseling :

- 20020920 :       For you being a safety violator on the rifle range after being counseled informally two working days prior by the First Sgt concerning safety violations at the ISMT. This will make you unqualified for the year and has a direct impact on the unit readiness as well as your personal readiness as an infantryman.

- 20031219 :       For a pattern of misconduct ; specifically, NJP on 20031219 and a SPCM on 20020508.

- 20040426 :       For pattern of misconduct, unauthorized absence and missing movement.

- 20040408 :       For minor disciplinary infractions, patter of misconduct, and unauthorized absence 0730, 20040303 to 1130, 20040313.

NDRB Documentary Review Conducted (date):        20080117
NDRB Documentary Review Docket Number:   MD10-01343
NDRB Documentary Review Findings:                 Proper as issued and that no change is warranted.

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 6210, MISCONDUCT , 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 .

A. Paragraph 6210, MISCONDUCT , 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 mental health condition mitigates his misconduct of record.

2.       The Applicant requested that the NDRB consider post service conduct as a basis for a more thorough understanding of his performance and conduct during the period of service under review.

Decision

 Date: 2011 0518            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 discharg e, if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of g overnment al affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Applicant’s record of service included 6105 retention- counseling warnings and for o f the Uniform Code of Military Justice (UCMJ): Article ( , ), and Article ( , ) ; and for of the UCMJ: Article ( , : 41 days , ending in apprehen sion ) , and Article 87 (Missing movement, 1 specification) . Additionally, t he Applicant had a waiver f or pre-service drug use – specifically using marijuana at least prior to entering the Marine Corps . The Applicant acknowledged complete understanding of the Marine Corps Policy Concerning Illegal Use of Drugs on 21 Feb 2001 . Based on the offenses committed by the Applicant, command administratively processed for separation. When notified of administrative separation processing, the Applicant rights to consult with a qualified counsel, to submit a written statement to the Separation Authority , and to request an administrative board .

: (Decisional) ( ) PARTIAL . The Applicant contends his mental health condition mitigates his misconduct of record. The Applicant submitted documentation including pre-service medical records as well as post-service medical records that clearly shows the Applicant suffered from paranoid schizophrenia from his late teens, throughout his period of active duty service, and continues to suffer from this mental condition to the present day. This serious mental health condition was not fully revealed to the Mar ine Corps during the enlistment and induction process. The record shows the Applicant was never evaluated fully by a mental health professional during his enlistment and his strange behaviors, as a direct result of his schizophrenia, resulted in several periods of unauthorized absence (UA) and other misconduct of record, eventually resulting in administrative separation. The NDRB carefully considered the Applicant’s complete service and medical record s, as well as his sworn testimony and additional documentation he provided , and found his mental health greatly affected his ability to serve or comprehend fully his actions at the time of his enlistment and while engaging in his misconduct. The NDRB found the Applicant bore a degree of responsibility for his actions, but also found his mental condition a factor in mitigation of responsibility for his misconduct. Therefore, in the interest of equity, the NDRB determined the characterization of service should change to General (Under Honorable Conditions) ; however, no change to the narrative reason for separation is warranted .

: (Decisional) ( ) . The Applicant requested that the NDRB consider post service conduct as a basis for a more thorough understanding of h is performance and conduct during the period of service under review . The Applicant provided documentation of church involvement , employment with the Salvation Army , working in a homeless shelter , as well as college transcripts showing progress toward earning a college degree . The NDRB found the Applicant’s post-service efforts to be commendable ; h owever, t he Applicant should be aware submission of these items alone does not guarantee an upgrade from an unfavorable discharge as each discharge is reviewed by the NDRB on a case-by-case basis. The NDRB determined the Applicant did not provide sufficient post-service documentary evidence to form a basis of relief.

Summary : After a thorough review of the available evidence, to include the Applicant’s summary of service, and medical record entries, his testimony and additional documentation, along with discharge process, the NDRB found Therefore, the awarded characterization of service shall , however, the narrative reason for separation shall MISCONDUCT. The Applicant is no longer eligible for additional reviews or hearings by the NDRB. He may petition the Board for Correction of Naval Records, 2 Navy Annex, Washington, DC 20370-5100 for further review using DD Form 149 .


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 Disabled 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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