Upgrade.Vet

USMC | DRB | 2010_Marine | MD1002351

Original file (MD1002351.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20100929

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)       19970715 - 19970805     Active: 19970806 - 20020207 HON

Period of Service Under Review:
Date of Current Enlistment: 20020208     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20060525      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 17 D a y ( s )
Education Level:        AFQT: 37
MOS: 8411
Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle (4) Pistol (2) LoA (2) CoA CoC (Individual award) (2) MM (2)
Periods of UA / CONF :

NJP:     SCM:     SPCM:    CC:

Retention Warning Counseling :
- 20051202 :       For violation of A rticle 115 of the UCMJ, s pecifically on 20051117, while serving as a canvassing recruiter, you intentionally inflicted personal harm to yourself by purposely cutting your wrist for the purpose of avoiding your assigned duty. This ideation has needlessly compromised your safety/well-being and has consequently resulted in a medical diagnos is of a personality disorder.

Administrative Corrections to the Applicant’s DD 214

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

         “ CONTINUOUS HONORABLE ACTIVE SERVICE FROM 970806 UNTIL 020207 ”

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 :

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

Applicant’s Issues

1.       Applicant seeks a discharge upgrade to increase his employment opportunities.
2.       Applicant contends his discharge was inequitable based on his record of service .

Decision

Date: 20 1 2 01 04          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 g overnment al a ffairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. T he Board complete d 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 6105 counseling retention warning for personality disorder (17 Nov 2005). There was no evidence of commanding officer nonjudicial punishment (NJP) or trial by courts-martial. The Applicant’s records indicate that shortly after completing Recruiter training, he began to experience increased stress and anxiety due to the personal and highly interactive nature of recruiting duty. He voiced his concerns to his chain of command and was subsequently referred for medical evaluation after he exhibited a suicide ideation. He was observed and evaluated at a civilian hospital from 24-27 Oct 2005 and then released to his command. On 2 Nov 2005, the Applicant again exhibited a suicide ideation and was then referred for a mental health evaluation (MHE). In the 8 Nov 2005 evaluation report, the physician stated the Applicant had a long standing history (existed prior to service) of a social phobia that caused him to experience high levels of stress and anxiety (fear of rejection, failure, etc . ) when conducting recruiter duties among numerous unfamiliar people. The physician placed the Applicant on a low dose of medication and recommended a 5 day period of SIQ to be followed by full duty. The Applicant was released to his command. On 17 Nov 2005, the Applicant cut his wrist with a razor blade and was again referred for mental health evaluation (18-21 Nov 2005, Great Lakes Naval Hospital). In the 21 Nov 2005 evaluation report, t he physician stated the Applicant’s long history of social anxiety and personality disorder were sufficiently severe as to impair his ability in military service and recommended administrative separation. Based on all the available information and the physician’s recommendation, the Applicant’s command processed him for administrative separation. When notified of a dministrative separation processing using the procedure on 13 Mar 2006 , the Applicant waived rights to consult with a qualified counsel and submit a written statement . The entire chain of command recommended that the Applicant receive an Honorable characterization of service due to his record of service , which displayed excellent performance in his aircraft maintenance MOS prior to recruiting duty and the lack of misconduct. On 28 Apr 2006, the Separation Authority directed that the Applicant be discharged from the Marine Corps with an Honorable character of service. However, t he Applicant was separated from the Marine Corps on 25 May 2006 with a General (Under Honorable Conditions) discharg e due to Personality Disorder.

: (Nondecisional) The Applicant seeks a discharge upgrade to increase his employment 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.

: (Decisional) ( ) . The Applicant contends his discharge was inequitable based on his record of service. The NDRB could find no evidence in the records of misconduct or poor performance that would have warranted a characterization of service less than Honorable. After careful analysis and deliberation, the Board determined that the Applicant’s administrative separation was proper, but not equitable due to administrative error in the preparation of his DD Form 214. Accordingly, s ince the Separation Authority directed that the Applicant be discharged with an Honorable discharge due to Personality Disorder , and the available records provide no evidence to indicate he warranted anything less than an Honorable discharge, the Board found th is issue to have merit. Relief warranted.

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries and the administrative separation process, the Board found the discharge was proper but not equitable at the time of discharge. 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 for additional information.

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 .

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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USMC | DRB | 2010_Marine | MD1002351

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