Search Decisions

Decision Text

USMC | DRB | 2011_Marine | MD1100632
Original file (MD1100632.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20110105
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: 20060123     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20080729      H ighest Rank:
Length of Service:
         Inactive:        Y ea r M on ths 21 D a ys
         Active:  Y ea rs M on ths 17 D a ys
Education Level:        AFQT: 66
MOS: 0614
Proficiency/Conduct M arks (# of occasions): /         Fitness Reports:

Awards and Decorations ( per DD 214):      Rifle MM NDSM

Periods of UA / CONF :

NJP: NONE        SCM: NONE        SPCM: NONE       CC: NONE        

Retention Warning Counseling : 12
                 
         20070212         For: Unauthorized absence from drill.
         20070305         For: Unauthorized absence from drill.
         20070416         For: Unauthorized absence from drill.
         20070507         For: Unauthorized absence from drill.
         20070716         For: Unauthorized absence from drill.
         20070820         For: Unauthorized absence from drill.
         20070912         For: Unauthorized absence from drill.
         20071015         For: Unauthorized absence from drill.
         20071212         For: Unauthorized absence from drill.
         20080107         For: Unauthorized absence from drill.
         20080211         For: Unauthorized absence from drill.
         20080303         For: Unauthorized absence from drill.









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 her failure to participate is mitigated by the death of her child during premature birth. She contends she was not given time to properly grieve the death of her child.
2.       The Applicant contends she was never the recipient of disciplinary action prior to the period of missed drills and had been meritoriously promoted and nominated for Marine of the Quarter .

Decision

 Date: 20 1 2 0328            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 included twelve 6105 counseling warnings for missed drills from February 2007 to March 2008. Based on the Applicant’s failure to participate, her command administratively processed her for separation. When notified of administrative separation, the Applicant did not return the ack nowledgment of rights documents, which constitutes waiver of her rights to consult with counsel, submit a written statement, and request an administrative board. The Applicant was not available during the separation process and , therefore, was separated in absentia.

: (Decisional) ( ) . The Applicant contends her failure to participate is mitigated by the death of her child during premature birth. She contends she was not given time to properly grieve the death of her child. The record shows the Applicant made no attempt to contact her command to let them know of any issues that prevented her from attending drills. The Applicant’s command attempted on numerous occasions to contact her via phone and even made a visi t to her house. Phone calls were not answered, messages not returned, and no one was home when a personal visit was attempted. The Applicant provided no documentation to support her contention , nor did she show that she ever reached out to her command for assistance during her difficult period . In the absence of any evidence to support the Applicant’s issue, the NDRB determined an u pgrade would be inappropriate. Relief denied.

: (Decisional) ( ) . The Applicant contends she was never the recipient of disciplinary action prior to the period of missed drills and had been meritoriously promoted and nominated for Marine of the Quarter . Certain offenses warrant administrative separation regardless of rank, time in service, awards, or prior performance. Failure to attend drill without proper authority warrants administrative separation with an Under Other Than Honorable Conditions characterization of service. The record shows the Applicant missed at least 20 drill periods from Feb 2007 to March 2008. The record shows the Applicant made no attempt s to contact her command and did no t return phone messages when the command attempted to reach her. Therefore, the NDRB determined an upg rade would be inappropriate. 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 | MD1100324

    Original file (MD1100324.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. Relief denied.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...

  • USMC | DRB | 2014_Marine | MD1400117

    Original file (MD1400117.rtf) Auto-classification: Denied

    Furthermore, the letter states the Applicant is receiving treatment as a result of her sexual assault while in the Marine Corps. However, the Applicant bears some responsibility for missing required drills and not communicating with her command, and so a further upgrade to Honorable is not warranted.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 the discharge was proper but not...

  • USMC | DRB | 2006_Marine | MD0600256

    Original file (MD0600256.rtf) Auto-classification: Denied

    Every time I was notified of drill, I called my Unit and informed the Navy Doc of my medical status i.e. that my back was still hurt and I had not had surgery because the doctors would not perform it. ]980807: Applicant absent from 1 drill,unexcused.980807: Commanding Officer/Inspector Instructor, Headquarters and Service Company, 1 st Battalion, 25 th Marines, 4 th Marine Division signs Notification of Separation Proceedings advising Applicant of intended recommendation for discharge by...

  • USMC | DRB | 2012_Marine | MD1200761

    Original file (MD1200761.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 | 2009_Marine | MD0901281

    Original file (MD0901281.rtf) Auto-classification: Denied

    On 29 December 2004, the Applicant made contact with his unit--evidence that the command’s attempts to communicate with the Applicant were well-placed. 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 UNSATISFACTORY PARTICIPATION IN READY RESERVE. ”...

  • USMC | DRB | 2005_Marine | MD0500511

    Original file (MD0500511.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. [Failure to attend scheduled drills (5,6 May 01)] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued. th SupBn, 4thFSSG, that he is discharged from the United States Marine Corps as of 2359, 1 July 2004 with a characterization of under other than honorable conditions.

  • USMC | DRB | 2014_Marine | MD1400067

    Original file (MD1400067.rtf) Auto-classification: Denied

    After 13 months of strenuous efforts to motivate the Applicant, her command notified her on 7 November 2001 of administrative separation processing for Personality Disorder with a recommended characterization of General (Under Honorable Conditions). ” 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. ...

  • USMC | DRB | 2009_Marine | MD0901188

    Original file (MD0901188.rtf) Auto-classification: Denied

    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 NDRB within 15 years of the Applicant’s date of discharge. ...

  • USMC | DRB | 2005_Marine | MD0501457

    Original file (MD0501457.rtf) Auto-classification: Denied

    In the future, if you are unable to attend any scheduled IDT, you will contact the 1st SGT prior to the scheduled drill for further instructions. Applicant is administratively reduced to Private First Class due to unsatisfactory participation, specifically, failure to attend scheduled drills and annual training while a member of the Selected Marine Corps Reserve. Further, the Applicant received 3 retention warnings, was not recommended for promotion on 2 occasions, and was issued an...

  • USMC | DRB | 2010_Marine | MD1001869

    Original file (MD1001869.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: Pertinent Regulation/Law A. Paragraph 6213 of the...