Search Decisions

Decision Text

USMC | DRB | 2011_Marine | MD1100552
Original file (MD1100552.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20101222
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)       19970718 - 19980705     Active:  

Period of Service Under Review:
Date of Current Enlistment: 19980706     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20000721      H ighest Rank:
Length of Service : Y ea rs M on ths 16 D a ys
Education Level:        AFQT: 61
MOS: 5831
Proficiency/Conduct M arks (# of occasions): 4.3 ( 5 ) / 4.2 ( 5 )    Fitness R eports:

Awards and Decorations ( per DD 214):      OSR

Periods of UA / CONF :

SCM: NONE                 SPCM: NONE                CC: NONE

NJP: 2

- 19981215 :      Article 92 (Failure to obey order or regulation, willfully allow a male student to enter her room in violation of written barracks regulations)
         Awarded: RIR FOP RESTR EPD Suspended: RESTR EPD

- 19990630 :      Article 121 (Larceny, stealing an ATM card and PIN number from roommate and withdrawing $100.00)
         Awarded: FOP RESTR EPD Susp ended:

Retention Warning Counseling : 6

- 19981215:      For willfully allow ing a male student to enter her room in violation of written barracks regulations

- 19990630:      For stealing an ATM card and PIN number from roommate and withdrawing $100.00

 - 19990811 :       For larceny of $100.00

- 20000222:      For having been diagnosed with a personality disorder , which hinders ability to continue active duty contract

 - 20000224 :       For personality disorder

- 20000608 :       For failure to instill good order and discipline within the barracks. Identified as having a fight with another Marine in the barracks. Failure to adhere to orders and/or regulations demonstrates lack of professionalism, leadership, and nonreliance to what is expected of a Marine .

Administrative Corrections to the Applicant’s DD 214

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

 “ 98 07 06 ”
“ 02 00 16 ”
“ GENERAL (UNDER HONORABLE CONDITIONS) ”
         “ PERSONALITY DISORDER ”

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 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 August 1995 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 seeks an upgrade for educational and VA benefits.
 2 .       The Applicant contends her discharge is inequitable , because she should not have been discharged due to a personality disorder; she was dealing with emotions after her sexual assault.

Decision

 Date: 20 1 2 0313            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. The Applicant’s record of service included six 6105 counseling warnings and two nonjudicial punishments (NJPs) for violations of the Uniform Code of Military Justice (UCMJ): Article 92 (Failure to obey order or regulation, willfully allow a male student to enter her room in violation of written barracks regulations) and Article 121 (Larceny, stealing an ATM card and PIN number from roommate and withdrawing $100.00) . The Applicant was processed for administrative separation based on a psychological evaluation completed on 2 February 2000 that stated “this Marine’s personality disorder is so severe that it warrants administrative separation, (before she acts out and harms herself).” There were three such recommendations for administrative separation. When notified of a dministrative separation processing , the Applicant exercised her right t o consult with a qualified counsel, but waived her right to submit a written statement . The Applicant was not entitled to an administrative separation board.

: (Nondecisional) The Applicant seeks an upgrade for educational and VA 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.
: (Decisional) ( ) . The Applicant contends her discharge is inequitable , because she should not have been discharged due to a personality disorder; she was dealing with emotions after her sexual assault. The record contained no information or evidence regarding the Applicant being the victim o f a sexual assault. The Applicant submitted no evidence to support this portion of her issue. The record clearly showed the Applicant was diagnosed on three separate occasions with personality disorder by competent medical authority. The Applicant was hospitalized for suicidal ideation in Nov 1999. The record reveals the Applicant had a history of suicidal gestures and ideations since the age of 14, which was not disclosed in her enlistment medical questionnaires. Applicable regulations direct that characterization of service for separations due to personality disorder will be Honorable or General (Under Honorable Conditions) as warranted by the Marine’s service record. The Applicant had two NJPs f or misconduct and six retention warnings, which constitute significant n egative aspects and warrant a General (Under Honorable Conditions) characterization. The Applicant contends she was told that she was given a General discharge because she had two years left in her contract. This is incorrect . S he was separated with a General (Under Honorable Conditions) discharge because of her misconduct and significant negative aspects of her record during her service. Therefore, the NDRB determined an upgrade is not warranted. Relief denied.

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 . 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 | 2011_Marine | MD1101830

    Original file (MD1101830.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 | 2002_Marine | MD02-00341

    Original file (MD02-00341.rtf) Auto-classification: Denied

    MD02-00341 Applicant’s Request The application for discharge review, received 020129, requested that the characterization of service on the discharge be changed to general/under honorable conditions. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. PART I - APPLICANT’S ISSUES AND DOCUMENTATION

  • USMC | DRB | 2010_Marine | MD1002096

    Original file (MD1002096.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 | 2010_Marine | MD1001926

    Original file (MD1001926.rtf) Auto-classification: Denied

    ” 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. 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...

  • USMC | DRB | 2008_Marine | MD0801250

    Original file (MD0801250.rtf) Auto-classification: Denied

    The Board did review the medical records and evidence which occurred subsequent to the Applicant’s discharge but determined its merit did not negate the medical diagnosis made by the military which determined at the time of the misconduct the Applicant was responsible for his actions. 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: Information for...

  • USMC | DRB | 2010_Marine | MD1001817

    Original file (MD1001817.rtf) Auto-classification: Denied

    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. 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 . ”...

  • USMC | DRB | 2010_Marine | MD1002352

    Original file (MD1002352.rtf) Auto-classification: Denied

    The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities as regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge. 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 Therefore, the awarded characterization of service shall and the narrative reason for...

  • USMC | DRB | 2011_Marine | MD1100173

    Original file (MD1100173.rtf) Auto-classification: Denied

    Court of Appeals Review - Decision dated 30 October 2006; the finding as to the Additional Charge I and its sole specification (Article 80 - Attempts) is set aside. After a thorough review of the Applicant’s record and the issues as submitted, the NDRB determined that clemency was not warranted and that the sentence awarded the Applicant at her court-martial was appropriate.Accordingly, clemency, as requested, is denied. ” Additional Reviews : After a document review has been conducted,...

  • NAVY | DRB | 2011_Navy | ND1101730

    Original file (ND1101730.rtf) Auto-classification: Denied

    Representation: 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. ” 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...

  • USMC | DRB | 2011_Marine | MD1100565

    Original file (MD1100565.rtf) Auto-classification: Denied

    Although the Applicant’s service records are incomplete (missing administrative separation documentation related to the Applicant’s violation of UCMJ Article 112a to include: notification of administrative separation and acknowledgment of rights forms, commanding officer comments and endorsement, and the Separation Authority decision letter), the Board completed a thorough review of the available documentation to determine whether discharge met the pertinent standards of equity and...