Search Decisions

Decision Text

USMC | DRB | 2011_Marine | MD1100642
Original file (MD1100642.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20110118
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)       20080602 - 20090712     Active:  

Period of Service Under Review:
 Date of Current Enlistment: 20090713     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20091109      H ighest Rank:
Length of Service : Y ea rs M on ths 27 D a ys
Education Level:        AFQT: 53
MOS: 8011
Proficiency/Conduct M arks (# of occasions): NONE         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

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 claims she is owed seven days of back pay.
 2 .       The Applicant contends her recruiter told her not to mention her back condition.
3 .       The Applicant contends her senior drill instructor refused to allow her to get medical treatment.
Decision

 Date: 20 1 2 0306            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 6105 counseling warnings , non-judicial punishments, or trials by court-martial for violation s of the Uniform Code of Military Justice. The Applicant’s record of service included a diagnosis for Intervertebral Dis c Extrusion - multiple levels. Based on the diagnosis, her command administratively processed her for separation. The NDRB did not have the Applicant’s administrative separation package to determine whether the Applicant waived her rights to consult with a qualified counsel and s ubmit a written statement . The Applicant was not entitled to an administrative board .

: (Non-decisional) The Applicant claims she is owed seven days of back pay. The NDRB has no authority over pay matters. Therefore, this issue does not serve to provide a foundation upon which the NDRB can grant relief. Regulations limit the NDRB’s review to the propriety and equity of the discharge. Concerns regarding this issue can be addressed to the Board for Correction of Naval Records. The Applicant may petition the Board for Correction of Naval Records, 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 for further review using DD Form 149. Their website can be found at http://www.donhq.navy.mil/bcnr/bcnr.htm.
: (Decisional) () . The Applicant contends her recruiter told her not to mention her back condition. 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 her claim. There is no evidence in the record, nor has the Applicant produced any evidence, to support her claim that her recruiter told her to lie on her enlistment application. The Applicant’s statement alone does not overcome the government’s presumption of regularity in this case. The Applicant had an obligation to truthfully answer all questions regarding her medical history regardless of what her recruiter might have instructed her to do. The Board determined the assigned Narrative Reason for Separation and characterization of service are appropriate. Therefore, relief based on this issue is not warranted. Relief denied.

 : (Decisional) ( ) . The Applicant contends her senior drill instructor refused to allow her to get medical treatment. There is no evidence in the record, nor has the Applicant produced any evidence, to support her claim that her drill instructor refused to allow her to seek medical treatment. The Applicant’s statement alone does not overcome the government’s presumption of regularity in this case. The Board determined the assigned Narrative Reason for Separation and characterization of service are appropriate . Therefore , relief based on this issue is not warranted. 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 | 2011_Marine | MD1100298

    Original file (MD1100298.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. After considering the record, and the evidence provided by the Applicant, the NDRB determined an upgrade to General (Under Honorable Conditions) 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...

  • USMC | DRB | 2010_Marine | MD1000245

    Original file (MD1000245.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. As such, Applicant seeks correction to his narrative reason for separation and the corresponding characterization of service and re-enlistment code from the Marine Corps.The NDRB reviewed the Applicant’s issues and the discharge process. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided...

  • USMC | DRB | 2015_Marine | MD1500134

    Original file (MD1500134.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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 remain GENERAL (UNDER HONORABLE CONDITIONS) and the narrative reason for separation shall remain MISCONDUCT. ” Additional Reviews : After a document review has...

  • USMC | DRB | 2009_Marine | MD0901355

    Original file (MD0901355.rtf) Auto-classification: Denied

    The command informed the Applicant he was required to send in documentation from his doctor of his status every 30 days, but Applicant failed to do so, which wasnoted in the official record by the medical chief: “Private (Applicant) said he was TNPQ but never sent any information to the company or me.” and “To date Private (Applicant) had not sent in any medical documentation of any sort.” The Applicant failed to comply with the requireddocumentation needed by his command.For the edification...

  • USMC | DRB | 2009_Marine | MD0901139

    Original file (MD0901139.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. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. If the action includes either a punitive or administrative discharge for misconduct or for any basis wherein an Other Than Honorable...

  • USMC | DRB | 2006_Marine | MD0601127

    Original file (MD0601127.rtf) Auto-classification: Denied

    NOT FOUND IN RECORD Rights Elected at Notification: Consult with Counsel RETURNED UNSIGNED Obtain Copies RETURNED UNSIGNED Submit Statement(s) (date) RETURNED UNSIGNEDAdministrative Board RETURNED UNSIGNEDCommanding Officer Recommendation (date): UNDER OTHER THAN HONORABLE CONDITIONS (20000204) SJA review (date): Separation Authority (date): COMMANDER, MARINE FORCES RESERVE (20000724) Narrative Reason directed: FAILURE TO PARTICIPATE (RESERVE NOT ON ACTIVE DUTY) Characterization...

  • USMC | DRB | 2010_Marine | MD1000257

    Original file (MD1000257.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. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

  • 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 | 2011_Marine | MD1100632

    Original file (MD1100632.rtf) Auto-classification: Denied

    The Applicant’s record of service includedtwelve 6105 counseling warningsfor missed drills from February 2007 to March 2008.Based on the Applicant’s failure to participate, her command administratively processed her for separation. In the absence of any evidence to support the Applicant’s issue, the NDRB determined an upgrade would be inappropriate. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the...

  • USMC | DRB | 2011_Marine | MD1100165

    Original file (MD1100165.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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 .The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of...