Upgrade.Vet

USMC | DRB | 2010_Marine | MD1002235

Original file (MD1002235.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20100913

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)       19900531 - 19910610     Active:          19910611 - 19941026
                                    USMC      19941027 - 19980518
                                    USMC      19980519 - 20010606
                                    USMC     20010607 - 20050224
Period of Service Under Review:
Date of Current Enlistment: 20050 2 25     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20071205      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 11 D a y ( s )
Education Level:        AFQT: 58
MOS: 2111 / 8411
Fitness R eports:
Awards and Decorations ( per DD 214):      Rifle (5) Pistol (4) (2) MOVSM CoC (2) CoC (5) MM (3) LoA (2) CoA
Periods of UA :

NJP:     SCM:              CC:               Retention Warning Counseling :

SPCM:
- 20060 405 :       Art icle (Willfully disobey a lawful command)
         Article 92 (Failure to obey a lawful order or regulation), 2 specifications
         Specification 1: Wrongfully engaging in nonprofessional social and/or sexual relationships
         Specification 2: Wrongfully using federal government vehicle for unauthorized purposes
         Article 134 (General order), 3 specifications
         Specifications 1 and 2: Wrongfully have sexual intercourse with a woman not his wife
         Specification 3: Wrongfully endeavor to impede an investigation and influence the testimony of a Private by stating to the Private “Do not say anything about what happened at the Novi recruiting office:”
         Sentence : FOR 60 DAYS
         CA Action: Sentence is approved and, except for the part of the sentence extending to a bad conduct discharge will be executed, but the execution of that part of the sentence adjudging confinement, is su s pended for the period of actual confinement served plus a period of 12 months thereafter.

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 1105, DISCHARGE ADJUDGED BY SENTENCE OF COURT-MARTIAL , 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 IV, Para 403m(7)(a), Presumption Concerning Court-Martial Specifications .

DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

1.        The Applicant requests clemency based on his in - service accomplishments.
2.       The Applicant requests consideration for clemency based on his post-service conduct.

Decision

Date : 2011 0831             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 Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. With respect to a discharge adjudged by a court-martial case, 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. In response to the Applicant ’ s clemency request, relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts. The Applicant ’ s case was considered under the pertinent standards of equity to determine if any factors in this particular case merited clemency. The Applicant’s record of service included for of the UCMJ: Article ( Willfully disobey a lawful command , ) , Article ( , ), Article ( , : Wrongfully have sexual intercour se with a woman not his wife, Wrongfully endeavor to impede an investigation and influence the testimony of a nother Marine ). Based on the Applicant’s conviction at special court-martial, and following appellant review, he was separated with a Bad Conduct Discharge.

: (Decisional) ( ) . The Applicant requests clemency based on his in - service accomplishments. The record shows the Applicant was an out standing Marine prior to his misconduct. The NDRB recognizes the Applicant’s prior enlistments as honorable and commendable. However, the severity of the Applicant’s misconduct and the potential for discrediting the Marine Corps in the public eye and hamper ing future recruiting efforts in the region cannot be overcome by his accomplishments in prior enlistments. Therefore, the NDRB determined clemency is not warranted for this issue .

: (Decisional) ( ) . The Applicant requested the NDRB consider post - service conduct as a basis to gain a more thorough understanding of performance and conduct during the period of service under review. The Applicant submitted limited documentation of his post-service activities, and testified under oath before the NDRB. The NDRB carefully considered the Applicant’s testimony and documentation of post-service activities. It appears the Applicant has made significant strides in repairing his life and is a contributing member of society. However, t he Applicant ’ s post-service documentation efforts need ed to be more encompassing. T he NDRB found the Applicant’s post-service conduct , as presented to the board, to be insufficient to overcome the significant misconduct of record. Clemency is not warranted in this case.

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 .

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

Similar Decisions

USMC | DRB | 2009_Marine | MD0900732

Original file (MD0900732.rtf) Auto-classification: Denied

Record of service. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy...
USMC | DRB | 2013_Marine | MD1301914

Original file (MD1301914.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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...
USMC | DRB | 2010_Marine | MD1002209

Original file (MD1002209.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. Paragraph 1105, DISCHARGE...
NAVY | DRB | 2004 Marine | MD04-01439

Original file (MD04-01439.rtf) Auto-classification: Denied

MD04-01439 Applicant’s Request The application for discharge review was received on 20040913. PART I - APPLICANT’S ISSUES AND DOCUMENTATION (Equity Issue) I request the board review my post service conduct, employment record and educational pursuits.
USMC | DRB | 2010_Marine | MD1000085

Original file (MD1000085.rtf) Auto-classification: Denied

Additionally, the Naval Clemency and Parole Board reviewed the case and determined that no clemency was warranted. The NDRB conducted a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record entries, the transcript of the Special Court-Martial proceeding, and the overall discharge process. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the...
USMC | DRB | 2008_Marine | MD0801415

Original file (MD0801415.rtf) Auto-classification: Denied

The three member administrative board returned findings of misconduct by a vote of 2-1, by a vote of 3-0 that the misconduct warranted separation, and by a vote of 3-0 that the separation should be characterized as “Under Other Than Honorable ” . The Board determined an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM:...
USMC | DRB | 2015_Marine | MD1401672

Original file (MD1401672.rtf) Auto-classification: Denied

Based on the offense(s) committed by the Applicant, and after a General Court-Martial Convening Authority review, the Applicant was punitively discharged from the service with a Bad Conduct Discharge. 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 remain BAD CONDUCT DISCHARGE and the narrative reason for separation shall...
USMC | DRB | 2012_Marine | MD1200677

Original file (MD1200677.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to:REQUESTED (COG) Summary of Service Prior Service: Inactive:NONE Active:19981119 - 2002100320021004 - 20060306 Period of Service Under Review: Date of Current Enlistment: 20060307Age at Enlistment: 26Period of Enlistment: Years9 MonthsDate of Discharge:20090403Highest Rank:Length of Service: Year(s)Month(s)27 Day(s)Education Level: AFQT:33MOS: 0621 / 0629 / 8023 / 0681Fitness Reports: Awards and Decorations (per DD...
USMC | DRB | 2012_Marine | MD1200530

Original file (MD1200530.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 | MD1400491

Original file (MD1400491.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)19940712 - 19940919Active: 19940920 – 19980527 HON Period of Service Under Review: Date of Current Enlistment: 19980528Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20040730Highest Rank: Length of Service: Year(s)Month(s)20 Day(s)Education Level: AFQT:56MOS: 0311Proficiency/Conduct Marks (# of occasions):()/()Fitness Reports: Awards and...

Search Decisions

Decision Text

USMC | DRB | 2010_Marine | MD1002235

Similar Decisions