Search Decisions

Decision Text

USMC | DRB | 2010_Marine | MD1002250
Original file (MD1002250.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20100915
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:         NONE              Active:  

Period of Service Under Review:
Date of Current Enlistment: 19981214     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20060616      H ighest Rank:
Length of Service:
         Inactive:        Y ea r ( s ) M on th ( s ) 28 D a y ( s )
         Active:  Y ea r ( s ) M on th ( s ) 8 D a y ( s )
 Education Level:        AFQT: 40
MOS: 1833
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 :

- 20020203 :       For being UA from your unit on 20020131 - 20020202

- 200 5 0306 :       For unsatisfactory participation in the SMCR for the following reasons: missing scheduled drills 200 5 0304 - 200 5 0306

- 20050403 :       For unsatisfactory participation in the SMCR for the following reasons: missing scheduled drills 20050401 - 20050403

- 200 5 0508 :       For unsatisfactory participation in the SMCR for the following reasons: missing scheduled drills 20050506 - 20050508





Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

          Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, should read: “ RIFLE EXPERT BADGE, SELECTED MARINE CORPS RESERVE MEDAL ”

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 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 contends his unit sent him home as N ot P hysically Q ualified (NPQ) to await processing for a medical discharge. Upon follow up, the Applicant discovered he had been separated for failure to participate.
2.       The Applicant contends he was never advised of separation proceedings and never received any notifications in the mail.

Decision

Date : 201 20103             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 counseling warnings and no misconduct resulting in non-judicial punishment (NJP) or court-martial. Based on the Applicant ’s failure to participate in the Marine Corps Reserve , command administratively processed for separation. When notified of administrative separation processing, the Applicant did not return the acknowledgment of rights constituting waiver of rights to consult with a qualified counsel, submit a written statement, and request an administrative board.

: (Decisional) ( ) . The Applicant contends his unit sent him home as NPQ to await processing for a medical discharge. Upon follow up, the Applicant discovered he had been separated for failure to participate. The Applicant submitted documentation showing he was suffering from I rritable B owel S yndrome and was being treated during 2002 and 2003. The record and documentation submitted by the Applicant show his command was kept informed of his medical situation during this period. However, the Applicant was not notified of separation until May 2005. The record shows he was found to be in an unsatisfactory drill status since 4 March 2005. The Applicant provided no documentation to show he was in contact with his command during this period or otherwise attempted to rectify his unsatisfactory status. The NDRB determined the Applicant did not properly continue to provide documentation to his command if his medical status continued to inhibit his participation in the Marine Corps Reserve. Therefore, the NDRB fou nd no change to be warranted.

: (Decisional) ( ) . The Applicant contends he was never advised of separation proceedings and never received any notifications in the mail. The record shows the Applicant’s command made numerous attempts to make contact with him in order to advise him of his pending separation, his separation, and his rights during separation proceedings. The Applicant did not respond to these attempts as was his responsibility. The Applicant provided insufficient evidence to support this issue or to overcome the NDRB’s presumption of regularity in the conduct of governmental aff airs. No change is warranted.

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 | 2002_Marine | MD02-01084

    Original file (MD02-01084.rtf) Auto-classification: Denied

    MD02-01084 Applicant’s Request The application for discharge review, received 020723, requested that the characterization of service on the discharge be changed to honorable. (Exhibit M) This Marine exercised his right granted under Marine Corps Order 1900.16F, paragraph 6303, 3(a)(5) to obtain copies of all documents that were forwarded to the Commanding General supporting the proposed discharge on October 24, 1992. 930108: Commanding Officer recommended discharge under other than...

  • 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 | 2009_Marine | MD0902294

    Original file (MD0902294.rtf) Auto-classification: 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. ” 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...

  • USMC | DRB | 2006_Marine | MD0600773

    Original file (MD0600773.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. 000109: Applicant administratively reduced to Private First Class due to unsatisfactory performance of Reserve training, specifically, failure to attend scheduled drills while a member of the Selected Marine Corps Reserve.000110: Letter of unsatisfactory participation in the SMCR mailed to the Applicant this date for drills missed on 000107-09. You may view DoD...

  • USMC | DRB | 2009_Marine | MD0900660

    Original file (MD0900660.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Base on similar cases that received more favorable characterizations. 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 previous in-service misconduct was an aberration and not...

  • USMC | DRB | 2006_Marine | MD0600141

    Original file (MD0600141.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). Financially I have been left with helping my parents pay their bills, & putting my little brothers through school.”000605: Ltr of unsat participation in the SMCR for drills missed on 000603 and 000604 mailed to SNM’s PMA this date.000607: Applicant administratively reduced in rank for unsatisfactory performance of Reserve training,...

  • USMC | DRB | 2011_Marine | MD1100891

    Original file (MD1100891.rtf) Auto-classification: Denied

    The Separation Authority reviewed the command’s recommendations and the supporting documentation and determined that a preponderance of the evidence supported the specific basis for discharge (MARCORSEPMAN - Paragraph 6213, Unsatisfactory Participation in the Selected Marine Corps Reserve). As such, the Separation Authority approved the discharge; additionally, he determined that the proper and warranted characterization of the Applicant’s service was Under Other Than Honorable Conditions...

  • USMC | DRB | 2008_Marine | MD0801766

    Original file (MD0801766.rtf) Auto-classification: Denied

    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 Status: Community Service: References: Additional Statements From Applicant: From Representation: From Member of Congress: Other Documentation (Describe) DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE...

  • USMC | DRB | 2002_Marine | MD02-00243

    Original file (MD02-00243.rtf) Auto-classification: Denied

    Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.971114: Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.971207: Counseled for unsatisfactory participation in the SMCR, specifically unexcused absence from IDT on 971206 and 971207. ...

  • USMC | DRB | 2009_Marine | MD0901316

    Original file (MD0901316.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The Board voted unanimously to upgrade the discharge characterization to General (Under Honorable Conditions), but not change the narrative reason for separation.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 However, based on post service record, the Board...