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USMC | DRB | 2011_Marine | MD1101052
Original file (MD1101052.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20110321
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)       19970211 - 19970713     Active:  

Period of Service Under Review:
 Date of Current Enlistment: 19970714     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 19990415      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 02 D a y ( s )
Education Level:        AFQT: 39
MOS: 1833
Proficiency/Conduct M arks (# of occasions): ( ) / 2.2 ( )         Fitness Reports:

Awards and Decorations ( per DD 214):      Rifle

Periods of UA / CONF : UA: 19971130-19971202 , 2 days / CONF:

NJP:

- 19980811 :      Article (UA 2301, 19980615 to 1415, 19980719, 33 days)
         Awarded: Suspended:

SCM:     SPCM:    CC:

Retention Warning Counseling:

- 19980811 :      For being declared a deserter on 19980716. You were absent without leave from 2301, 19980615 and remained absent until 1415, 19980719. You received NJP as a result of your absence.

Administrative Corrections to the Applicant’s DD 214

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

          “ ( 2 ) 971130-971202, ( 33 ) 980615-980718 ”
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. 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.       Applicant wants his discharge upgraded to pursue a career in law enforcement.
2.       Applicant wants his discharge upgraded so he can enlist in the Marine Corps Reserve.
3.       Applicant contends his discharge was inequitable , because it was based on an isolated incident in 28 months of service with no other adverse actions.
 4.       The Applicant contends he does not have a personality disorder and, therefore, wants the narrative reason for separation changed.
Decision

 Date: 20 1 2 0523            Location: Washington D.C .         R epresentation :

By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall PERSONALITY DISORDER .
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 6105 counseling warning and one non-judicial punishment for violation o f the Uniform Code of Military Justice: Article 86 ( Unauthorized a bsence, 1 specification) . Evidence found in the Applicant’s service record indicates two qualified medical officers diagnosed the Applicant with Adjustment Disorder with Mixed Anxiety and Depressed Mood and Personality Disorder (Not Otherwise Specified) and recommended expeditious administrative separation. It was determined that if retained on active duty, he pose d a potential threat for harm to self and others due to impulsive and self - destructive behav i ors. Based on the diagnosis and recommendation, h is command administratively processed him for separation. When notified of administrative separation processing, the Applicant waived his rights to consult with a qualified counsel and submit a written statement. He was not entitled to an administrative board.

: (Non - decisional) The Applicant wants his discharge upgraded to pursue a career in law enforcement. 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.

: (Non-decisional) The Applicant wants his discharge upgraded , because he is considering enlisting in the Marine Corps Reserve. The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. Furthermore, since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, it is not authorized to change a Reentry (RE) code. Only the Board for Correction of Naval Records can make changes to RE codes. Neither a less than fully honorable discharge nor an unfavorable RE code is, in itself, a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for ree nlistment through a recruiter.

: (Decisional) ( ) . The Applicant contends his discharge was inequitable , because it was based on an isolated incident in 28 months of service with no other adverse actions. Despite a service member’s prior record of service, certain serious offenses, even though isolated, warrant separation from the Marine Corps to maintain proper order and discipline. Violation of Article 86, specifically for a period of more than 30 days, is one such offense. A period of unauthorized absence lasting more than 30 days is considered a serious offense and usually results in an unfavorable characterization of discharge (i.e., Under Other Than Honorable Conditions) or, at a maximum, a punitive discharge (i.e., Bad Conduct) , and possible confinement if adjudicated and awarded as part of a sentence by a special or general court-martial. The Applicant was found guilty of violation of Article 86 after being absent without leave for 33 days. However, his command did not pursue a punitive discharge , but opted instead for the more lenient administrative discharge. His command also chose not to administratively discharge him f or commission of a serious offense, which would have resulted in an Under Other T han Honorable Conditions characterization of service. Relief denied.

Issue 4: (Decisional) ( ) . The Applicant contends he does not have a personality disorder , and there is no documentary proof of him having a personality disorder. T he NDRB did find medical documentation in his service record reflecting that on 20 January 1999 , two qualified medical officers diagnosed the Applicant with Adjustment Disorder with Mixed Anxiety and Depressed Mood and Personality Disorder (Not Otherwise Specified). The Applicant provided no substantial and credible evidence to support his claim that he does not have a personality disorder. The Applicant’s statement alone does not overcome the government’s presumption of regularity in this case. The NDRB discerned no impropriety with the discharge and found no reason to change the Narrative Reason for Separation. 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

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