Search Decisions

Decision Text

USMC | DRB | 2011_Marine | MD1100285
Original file (MD1100285.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20101115
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MARCORSEPMAN

Applicant’s Request:      Characterization change to:
         Narrative Reason change to: PRE-EXISTING MEDICAL CONDITION

Summary of Service
Prior Service:
 Inactive:         USMCR (DEP)       20080603         Active:  

Period of Service Under Review:
 Date of Current Enlistment: 20080604     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20080716      H ighest Rank:
Length of Service : Y ea rs M on ths 13 D a ys
Education Level:        AFQT: 32
MOS: NONE
Proficiency/Conduct M arks (# of occasions): NA / NA      Fitness Reports:
Awards and Decorations ( per DD 214):      NONE

Periods of UA / CONF :

NJP: NONE        SCM: NONE        SPCM: NONE       CC: NONE         Retention Warning Counseling: NONE

Administrative Corrections to the Applicant’s DD 214

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

          “ Pvt ”
          “ E-1 ”
         
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:                  Other Documentation:    
                  Additional Statements:
         From Applicant:           From/To Representation:           From/To Congress member:        

Pertinent Regulation/Law
A. The Marine Corps Separation and Retirement Manual, MCO P1900.16F), effective 1 September 2001 until Present, paragraph 6204, DEFECTIVE ENLISTMENT AND INDUCTION.
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 seeks an upgrade for educational opportunities.
2.       The Applicant seeks an upgrade to qualify for a commission in the U.S. Army.
3.       The Applicant seeks an upgrade for F ederal and state employment opportunities.
4.       The Applicant contends he spoke to his recruiter and at the Moment of Truth about his pre -service depress ion .
5.       The Applicant contends his discharge was improper as he claims he was not afforded the opportunity to speak to an attorney .
 6.       The Applicant wants the characterization of his discharge changed from Uncharacterized to Honorable or General (Unde r Honorable Conditions).

Decision

Date: 20 1 2 0 214            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. The Applicant’s record of service did not include any NAVPERS 1070/613 (Page 13) warnings, non-judicial punishments, or trials by court-martial for violation s of the Uniform Code of Military Justice. A qualified medical officer diagnosed the Applicant with Bipolar disorder , which existed prior to entering the service, but was not disclosed during the Application process. Based on the medical officer’s diagnosis and the Applicant’s failure to disclose his condition during the Application process, his command administratively processed him for separation. The NDRB did not have the Applicant’s administrative separation package to determine whether the Applicant waived his rights to consult with a qualified counsel and submit a written statement. The Applicant was not eligible for an administrative board.

: (Non - decisional) The Applicant seeks an upgrade for educational opportunities. The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing educational opportunities or making a former service member eligible to receive the GI Bill. The U.S. Department of Veterans Affairs determines eligibility for post-service benefits, not the NDRB. There is no requirement, or law, that grants re-characterization solely on the issue of obtaining v eterans benefits , and this issue does not serve to provide a foundation upon which the Board can grant relief. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.

 : (Non-decisional)       The Applicant seeks an upgrade to qualify for a commission in the U.S. Army . The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing a former service member’s opportunity to qualify for commissioned service. Neither a less than fully honorable discharge nor an unfavorable Reentry (RE) code is, in itself, a bar to becoming a commissioned officer in the military. A request for a waiver can be submitted during the processing of a formal application for commissioned service. Additionally, the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces , and it is not authorized to change an RE code. Only the Board for Correction of Naval Records can make changes to RE codes.
: (Non-decisional)       The Applicant seeks an upgrade for F ederal and state employment opportunities. The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities. Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.




Issue 4: (Decisional) ( ) . The Applicant contends he revealed his history of depression to his recruiter and to his drill instructor at the Moment of Truth . The government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his claim. There is no evidence in the record, nor has the Applicant produced any evidence, to support his contention that he disclosed his history of depression. The Applicant’s statement alone does not overcome the government’s presumption of regularity in this case. Therefore, the NDRB concluded that relief based on this issue is not warranted. Relief denied.

Issue 5: (Decisional) ( ) . The Applicant contends his discharge was improper as he claims he was not afforded an opportunity to speak to an attorney. The NDRB’s presumption of regularity in government affairs assumes that the Applicant was afforded all rights for an entry level servicemember. There is nothing in the record, nor did the Applicant produce any evidence, that he was not afforded his rights. The Applicant’s statement alone does not overcome the government’s presumption of regularity in this case. Therefore, the NDRB concluded that relief based on this issue is not warranted. Relief denied.
Issue 6: (Decisional) ( ) . The Applicant wants the characterization of his discharge changed from Uncharacterized to Honorable or General (Under Honorable Conditions). Marine Corps regulations direct that members notified of intended recommendation for discharge while in an entry level status (within the first 180 days of enlistment) receive an Uncharacterized characterization of service except in circumstances where service has been so meritorious that an Honorable is clearly warranted. In cases of misconduct, a less favorable characterization of service, such as General (Under Honorable Conditions), may be assigned following different separation procedures. The Applicant’s record showed no meritorious service that would warrant an Honorable characterization of service, and no misconduct that would warrant a General (Under Honorable Conditions). With respect to non-service related administrative matters, i.e., Department of Veteran Affairs benefits, civilian employment, etc., an U ncharacterized separation shall be considered as the equivalent of an Honorable or General (Under Honorable Conditions) characterization. The NDRB found the Applicant’s Character of Service to be proper as assigned. 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

  • NAVY | DRB | 2011_Navy | ND1101803

    Original file (ND1101803.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. The Applicant did not have a...

  • USMC | DRB | 2011_Marine | MD1100363

    Original file (MD1100363.rtf) Auto-classification: Denied

    Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. ” 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.

  • NAVY | DRB | 2011_Navy | ND1101451

    Original file (ND1101451.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of ServicePrior Service: Inactive:USNR (DEP)20040322 - 20040929Active: Period of Service Under Review: Date of Current Enlistment: 20040930Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20070827Highest Rank/Rate:SNLength of Service:Year(s)Month(s) 29 Day(s)Education Level:AFQT: 69EvaluationMarks:Performance:2.7(3)Behavior:1.7(3)OTA: 2.45Awards and Decorations (per DD 214):ESWSPeriods...

  • USMC | DRB | 2011_Marine | MD1102106

    Original file (MD1102106.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues Nondecisional issues:The Applicant seeks an upgrade in the characterization of his service at discharge in order to facilitate employment opportunities and disability benefits from the Department of Veterans Affairs.Decisional issues: (1) The Applicant contends that his misconduct of record was the result of undiagnosed Post-Traumatic Stress Disorder (PTSD) and alcohol dependency,...

  • USMC | DRB | 2013_Marine | MD1300077

    Original file (MD1300077.rtf) Auto-classification: Denied

    The Applicant a pre-service drug waiver for using marijuana prior to entering the Marine Corps, acknowledged complete understanding of the Marine Corps Policy Concerning Illegal Use of Drugs on 26 June 2008.Based on the drug policy violation, processing for administrative separation is mandatory.The Applicant signed a pre-trial agreement to plead guilty at non-judicial punishment or Summary Court-Martial for the Article 92 violations, provided the Convening Authority withdraw the charges and...

  • NAVY | DRB | 2010_Navy | ND1002001

    Original file (ND1002001.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: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...

  • NAVY | DRB | 2011_Navy | ND1100960

    Original file (ND1100960.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 . ” 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...

  • NAVY | DRB | 2012_Navy | ND1200445

    Original file (ND1200445.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/To Congress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...

  • USMC | DRB | 2011_Marine | MD1100950

    Original file (MD1100950.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)20080209 - 20080420Active: Period of Service Under Review: Date of Current Enlistment: 20080421Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20100512Highest Rank:Length of Service: Year(s)Month(s)22 Day(s)Education Level: AFQT:41MOS: 3051Proficiency/Conduct Marks (# of occasions):()/()Fitness Reports: Awards and Decorations (per DD...

  • NAVY | DRB | 2012_Navy | ND1200548

    Original file (ND1200548.rtf) Auto-classification: Denied

    The Applicant wants her discharge upgraded so she can reenlist in the military.3. : (Non-decisional) The Applicant wants her discharge upgraded so she can reenlist in the military.The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. ” 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...