Search Decisions

Decision Text

USMC | DRB | 2010_Marine | MD1002041
Original file (MD1002041.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20100813
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)       19980604 - 19990602     Active:  

Period of Service Under Review:
Date of Current Enlistment: 19990603     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20021009      H ighest Rank:
Length of Service : Y ea rs M on ths 07 D a ys
Education Level:        AFQT: 59
MOS: 0311
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      NDSM SSDR

Periods of UA : 19991202 (1 day), 19991120 – 19991130 (11 days)

NJP: 2

- 19991215 :      Article 86 (Absence without leave, UA, 19991109 - 19991120, 11 days, apprehended)
         Awarded: FOP RESTR EPD Suspended: FOP

- 20010720 :      Article 134 (Communicating a threat, stated: “He better not send me on a range or give me a weapon because someone will get hurt and Lt. K. would be the first” or words to that effect
         Awarded: RIR FOP CCU 30 days Susp ended:

SCM: NONE       

SPCM: NONE      

CC: NONE

Retention Warning Counseling : 4

- 19991215:      For unauthorized absence and failure to follow orders

 - 20010125 :       For threatening comments

- 20010720:      For wrongfully communicating a threat “He better not send me on a range or give me a weapon because someone will get hurt and Lt. K. would be the first ” or words to that effect

- 200208228 :      For personality disorder


Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative errors on the original DD Form 214:
         “ 99 06 03 "
“ 03 04 07 ”

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. 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 desires to b ecome eligible for the GI Bill.
2.       The Applicant said he has taken anger management classes and changed his life to remove his Personality Disorder.

Decision

Date: 20 1 1 1205            Location: Washington D.C .         R epresentation : NONE

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 g overnment al a ffairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. T he NDRB complete d a thorough review of the circumstances that led to his discharge and the discharge process to ensure the pertinent standards of equity and propriety were met . The Applicant’s record of service included four 6105 counseling warnings and two nonjudicial punishments for violations of the Uniform Code of Military Justice (UCMJ): Article 86 (Absence without leave, UA, 19991109 - 19991120, 11 days, apprehended) and Article 134 (Communicating a threat ) . The A pplicant was diagnosed with personality disorder supported by at least three events of suicidal ideation and violent ideation toward others in a two - year period. Based on the diagnosis, the Applicant’s command processed him for administrative separation. When notified of a dministrative separation processing using the notification procedure, the Applicant waived his rights to consult with a qualified counsel and submit a written statement .

: (Nondecisional) The Applicant desires to become eligible for the GI Bill. 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. The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing educational opportunities. Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.

Issue 2: (Decisional) (Equity) RELIEF NOT WARRANTED. The Applicant said he has taken anger management classes and changed his life to remove his Personality Disorder. The Applicant failed to provide any documentary evidence on his behalf for post-service consideration. The Applicant could have provided documentation as detailed in the Post-Service Conduct paragraph in the Addendum with the recognition that completion of these items alone does not guarantee an upgrade from an unfavorable discharge as each discharge is reviewed by the Board on a case by case basis to determine if post-service conduct establishes that the in-service misconduct was an aberration. Without post-service documentary evidence, the Board determined the awarded characterization of service shall remain General (Under Honorable Conditions) with a Narrative Reason for Separation of Personality Disorder. Relief denied.
Summary: After a thorough review of the available evidence, to include the Applicant’s s ummary of s ervice, r ecord e ntries, and d ischarge p rocess, 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, 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 | 2015_Marine | MD1500840

    Original file (MD1500840.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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 narrative reason for separation shall change to , Separation Code to JFF1, and reentry code shall change to RE-1A. ” Additional Reviews : After a document review has been conducted, former members are...

  • USMC | DRB | 2013_Marine | MD1300888

    Original file (MD1300888.pdf) Auto-classification: Denied

    Docket No. MD13-00888 «

  • USMC | DRB | 2007_Marine | MD0700294

    Original file (MD0700294.rtf) Auto-classification: Denied

    Recommendation: It is strongly recommended that member be administratively separated from the USMC. 20030718 Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) Administrative Board Commanding Officer Recommendation (date): (20030721) SJA review (date): (20031007) Separation Authority (date): COMMANDING GENERAL, 2D MARINE AIRCRAFT WING (20031007) Basis for discharge directed: DUE TO: Characterization directed: Date Applicant...

  • NAVY | DRB | 2011_Navy | ND1102040

    Original file (ND1102040.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated 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: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: Pertinent Regulation/Law A. ” Additional Reviews : After...

  • NAVY | DRB | 2009_Navy | ND0901816

    Original file (ND0901816.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Wants narrative reason changed to secretarial authority. Since the Applicant failed to provide any documentary evidence to support his request and the BCNR has already changed the narrative reason for separationto personality disorder, the NDRB determined a change in narrative reason is not warranted.Summary: After a thorough review of the available evidence, to include the...

  • USMC | DRB | 2007_Marine | MD0700231

    Original file (MD0700231.rtf) Auto-classification: Denied

    Misconduct due to mental abuse from NCO2. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate and that the evidence of post-service conduct was found not to mitigate the conduct which precipitated the discharge.Athough not raised by the Applicant, the Board noted that the mental health recommendation for administrative separation due to a personality disorder did not unambiguously indicate...

  • USMC | DRB | 2007_Marine | MD0700267

    Original file (MD0700267.rtf) Auto-classification: Denied

    20010608 Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) Administrative Board Commanding Officer Recommendation (date): (20010608) SJA review (date): (20010702) Separation Authority (date): COMMANDING GENERAL, 2D MARINE AIRCRAFT WING (20010702) Basis for discharge directed: DUE TO: Characterization directed: Date Applicant Discharged: 20010720 Types of Documents Submitted by Applicant and Considered By BoardRelated to Military...

  • NAVY | DRB | 2007_Navy | ND0700551

    Original file (ND0700551.rtf) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that Summary of ServicePrior Service: Inactive: USNR (DEP)19961127 - 19970729Active: Period of Service Under Review: Date of Enlistment: 19970730Years Contracted:Date of Discharge:20010720 Length of Service: 03 Yrs 11Mths21 DysLost Time:Days UA: Days Confined: Education Level: Age at...

  • USMC | DRB | 2008_Marine | MD0800941

    Original file (MD0800941.rtf) Auto-classification: Denied

    Susp - None.SCMs: SPCMs: 1 20011012: Article 112a (Wrongful use of marijuana), Article 134 (Breaking restriction), 2 specifications.Sentence - BCD, 60 days confinement, FOP ($650 for 4 months).CC:6105 Counseling: Types of Documents Submitted/reviewedRelated to Military Service: DD 214: Service and/or Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal...

  • NAVY | DRB | 2011_Navy | ND1100029

    Original file (ND1100029.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. ” 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 upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.