Upgrade.Vet

USMC | DRB | 2011_Marine | MD1100110

Original file (MD1100110.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20101015

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)       19970228 - 19971015     Active:

Period of Service Under Review:
Date of Current Enlistment: 19971016     Age at Enlistment: NFIR
Period of E nlistment : Years Months
Date of Discharge: 20010228      H ighest Rank:
Length of Service : Y ea rs M on ths 13 D a ys
Education Level:        AFQT: NFIR
MOS: 0151
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      GCM SSDR Co C LoA (4)

Periods of UA / CONF :

NJP: NONE        SCM: NONE        SPCM:    CC:

Retention Warning Counseling : 5

- 19991018 :       For irresponsibility to be at work on time

- 20000721 :       For unsatisfactory performance while assigned to weight control

- 20000721:      For lack of judgment and unauthorized absence

- 20001031:      For failure to conform to Marine Corps height and weight standards

- 20010123:      For failure to follow simple orders and instructions and absence from appointed place of duty

Administrative Corrections to the Applicant’s DD 214

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

         Block 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized, should read: “ RIFLE SHARPSHOOTER, PISTOL MARKSMAN, GOOD CONDUT MEDAL, SEA SERVICE DEPLOYMENT RIBBON, CERTIFICATE OF COMMENDATION, LETTER OF APPRECIATION (4)”
“ UNDER OTHER THAN HONORABLE CONDITIONS ”

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 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 31 January 1997 until 31 August 2001.

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 provided documentation reflecting the Department of Veterans Affairs’ (VA) decision to characterize his service as Honorable for VA purposes , suggesting the Marine Corps should characterize his service as Honorable as well.
2.       Applicant contends he was never found guilty of any charges , so his discharge should be upgraded to Honorable.
3 .       The Applicant believes his time in service was honorable , so his discharge should be upgraded to Honorable.
4 .       Post - service factors warrant consideration for an upgrade to Honorable .

Decision

Date: 20 1 1 1020          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 warnings . It did not include any non-judicial punishments or trials by court-martial for violation s of the Uniform Code of Military Justice ( UCMJ ) . A ccording to an investigation conducted by the Naval Criminal Investigati ve Service on 18 October 2000 , t he Applicant wrongfully possessed drug paraphernalia (pipe) , which is a violation of Article 112a of the UCMJ . Based on the Article 112a violation , processing for administ rative separation is mandatory . When notified of a dministrative separation processing , the Applicant initially elected to exercise rights to consult with a qualified coun sel and request an administrative board , but waive d his right to submit a written statement. He later submitted a request to waive his right to an administrative board.

: ( Non-d ecisional) The Applicant provided documentation reflecting t he VA ’s decision to characterize his service as Honorable for VA purposes. The VA’s determination that service is h onorable for VA purposes has no bearing on how the Marine Corps should characterize a former member’s service. The Marine Corps is not bound by VA decisions, and they use different criteria to determine the characterization of service. This issue does not serve to provide a foundation upon w hich the NDRB can grant relief.

: (Decisional) ( ) . The Applicant contends he was never found guilty of any charges . A ccording to an investigation conducted by the Naval Criminal Investigati ve Service on 18 October 2000, the Applicant wrongfully possessed drug paraphernalia (pipe). Wrongful possession of drug paraphernalia is a violation o f Article 112a of the UCMJ , which requires mandatory processing for administrative separation. Adjudication by non-judicial punishment or court-martial proceedings with a guilty finding is not required for administrative separation. The Applicant was provided the opportunity to present his case before an administrative board, but waived that right, thus accepting the discharge recommended in the letter of notification. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

: (Decisional) ( ) . The Applicant believes his time in service was honorable . Despite a service member’s record of service prior to the incident that led to his separation , certain serious offenses warrant separation from the Marine Corps to maintain proper order and discipline. Violation of Article 112a of the UCMJ is such an offense. Wrongful use or possession of a controlled substance can result in an unfavorable characterization of service, or at a maximum, a punitive discharge and possible confinement if adjudicated and awarded as part of a sentence by a special or general court-martial. However, his command did not pursue a punitive discharge but opted instead for the more lenient administrative discharge. The NDRB found the characterization of the Applicant ’ s discharge was equitable and consistent with the characterization given others in similar circumstances. Relief denied.

Issue 4: (Decisional) ( ) . The Applicant states that he is employed, and he p rovided documentary evidence of completin g h is requirements for a college degree. The NDRB is authorized to consider post-service factors in the re-characterization of a discharge. However, there is no law, or regulation, that provides that an unfavorable discharge may be upgraded based solely on good conduct in civilian life subsequent to leaving the service. Normally, to permit relief, a procedural impropriety or inequity must have been found to exist during the period of enlistment in question. The documentation the Applicant submitted along with the DD Form 293 was not sufficient to thoroughly evaluate his post-service character and conduct. His efforts needed to have been more encompassing. He could have provided documentation as specified in the Post-Service Conduct paragraph in the Addendum , however, c ompletion 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. 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. The Applicant is directed to the Addendum for additional information.

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 | 2014_Marine | MD1400613

Original file (MD1400613.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.
USMC | DRB | 2009_Marine | MD0900672

Original file (MD0900672.rtf) Auto-classification: Denied

After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service and Medical Record Entries, Discharge Process and DD Form 293 submitted by the Applicant, the Board found clemency was not warranted and the sentence awarded the Applicant at his court-martial was appropriate for the offenses he committed. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is...
USMC | DRB | 2015_Marine | MD1500942

Original file (MD1500942.rtf) Auto-classification: Denied

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. ” Additional Reviews : After a document review has been...
USMC | DRB | 2012_Marine | MD1201633

Original file (MD1201633.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 | 2012_Marine | MD1201425

Original file (MD1201425.rtf) Auto-classification: Denied

The NDRB is only authorized to review the propriety and equity of a discharge and cannot grant a change based solely on this issue. 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...
USMC | DRB | 2014_Marine | MD1400795

Original file (MD1400795.rtf) Auto-classification: Denied

of a controlled substance, admitted culpability to purchasing and utilizing pipe to smoke Spice) Awarded: Suspended: SCM: SPCM: CC: Retention Warning Counseling: - 20110303: For violation of Article 92- 20120405:For violation of Articles 92 and 112a 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...
USMC | DRB | 2009_Marine | MD0901974

Original file (MD0901974.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The NDRB determined the characterization of service received, “Bad Conduct Discharge”, was an appropriate characterization considering the length of service and the UCMJ violations involved, and based on the lack of post service documentation provided, clemency would be inappropriateSummary:After a thorough review of the available evidence, to include the Applicant’s summary...
USMC | DRB | 2012_Marine | MD1201741

Original file (MD1201741.rtf) Auto-classification: Denied

This still meets the requirements for administrative separation for Misconduct (Serious Offense). ” 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.
USMC | DRB | 2009_Marine | MD0901532

Original file (MD0901532.rtf) Auto-classification: Denied

However, according to the Marine Corps Separation and Retirement Manual,separation for a Marine in entry-level status shall be uncharacterized when characterization of service under other than honorable conditions is not warranted. Based on the limited post service documentation provided, an upgrade would be inappropriate.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, discharge process and evidence submitted by the...
USMC | DRB | 2001_Marine | MD01-00547

Original file (MD01-00547.rtf) Auto-classification: Denied

I was dealing with some personal issues (divorce) that got in the way of my life & job & duty. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:None PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USMC None Inactive: USMCR(J) 950419 - 950622 COG Period of Service Under Review :Date of Enlistment: 950623 Date of Discharge: 980202 Length of Service (years,...

Search Decisions

Decision Text

USMC | DRB | 2011_Marine | MD1100110

Similar Decisions