Upgrade.Vet

USMC | DRB | 2011_Marine | MD1101085

Original file (MD1101085.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20110323

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)       19980616 - 19980720     Active:

Period of Service Under Review:
Date of Current Enlistment: 19980721     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20011207      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 17 D a y ( s )
Education Level:        AFQT: 79
MOS: 0311
Proficiency/Conduct M arks (# of occasions): NFIR / NFIR          Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle

Periods of CONF :

NJP:

- 20000328 :      Article (Disrespectful to Sgt and Cpl)
         Article (Failure to obey a general order by sleeping on post)
         Awarded: Suspended:

- 20001109 :      Article (UA, 2 specifications )
         Specification 1: Absent from appointed place of duty 1500-1545, 20001018
         Specification 2: Absent from appointed place of duty 0600-0630, 20001019
         Article (Failure to obey a lawful regulation by wrongfully viewing pornographic material on a government computer)
         Awarded: Suspended:

SCM:     SPCM:    CC:

Retention Warning Counseling :

- 19990106 :       For PFT failure.

- 19990510 :       For PFT failure.

- 20000530 :       For gaining weight on weight control: 20000516 - 272 pounds, 20000523 - 283 pounds, 20000530 - 286 pounds. Additionally, uniforms are not fitting properly.

Administrative Corrections to the Applicant’s DD 214

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

         “ CONDITION NOT A DISABILITY ”

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. Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 1 September 2001 and Present,
paragraph 6203, CONVENIENCE OF THE GOVERNMENT .

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 desires to become eligible for VA benefits.
2.       The Applicant contends he was separated through a me dical board due to having T ype II diabetes.

Decision

Date : 20120 6 07             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 discharg e if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of g overnment al affairs 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 warnings and for o f the Uniform Code of Military Justice (UCMJ): Article (Unauthorized absence, ), Article ( , ), and Article (Failure to obey an order or regulation, ). Based on the , command administratively processed for separation . When notified of administrative separation processing, the Applicant rights to consult with a qualified counsel and submit a written statement. The Applicant was not entitled to an administrative board.

: (Nondecisional) The Applicant desires to become eligible for 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 he was separated through a me dical board due to having T ype II diabetes. The record shows the Applicant was separated due to being obese. At separation, he was 98 pounds over his maximum allowed weight. Th e Applicant suffered from T ype II diabetes and high blood pressure that were uncontrolled and found to be causal factors in his inability to maintain proper weight standards. On 5 July 2001, the Applicant was found F it for D uty by the Physical Evaluation Board and was subsequently separated due to C ondition N ot a D isability. The Applicant was not separated through a medical board. Applicable regulations state that characterization of service for administrative separations due to C ondition N ot a D isability will be Honorable or General (Under Honorable Conditions) as warranted by the Marine’s service record. Because the Applicant had two NJPs due to misconduct and three retention warning counselings , the NDRB determined he had significant negative aspects of service that warrant ed a General (Under Honorable Conditions) characterization. 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 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 | 2009_Marine | MD0901895

Original file (MD0901895.rtf) Auto-classification: Denied

The NDRB determined the Applicant was not separated for medical reasons but for failure to meet assigned weight and body fat standards.The Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 August 1995 to 31 August 2001, however, does allow for an Honorable discharge for servicemembers separated for unsatisfactory performance (paragraph 6206).After a review of the Applicant’s service record, the NDRB did find that his service met the standard for honorable conduct. ...
USMC | DRB | 2009_Marine | MD0900614

Original file (MD0900614.doc) Auto-classification: Denied

ex-, USMC Current Discharge and Applicant’s Request Application Received: 20090123 Characterization of Service Received: Narrative Reason for Discharge: WEIGHT CONTROL FAILURE Authority for Discharge: MARCORSEPMAN Applicant’s Request: Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USMCR (DEP) 20010907 - 20020603 Active: 20020604 - 20051025 Period of Service Under Review: Date of Enlistment: 20051026 Age at Enlistment: Period of Enlistment:...
USMC | DRB | 2010_Marine | MD1000912

Original file (MD1000912.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries and administrative separation process, the Board...
USMC | DRB | 2010_Marine | MD1002167

Original file (MD1002167.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. The Applicant contends he should have received an Honorable characterization of service since he was separated for his weight, not misconduct. ” 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 | MD1101781

Original file (MD1101781.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)20060804 - 20060917Active: Period of Service Under Review: Date of Current Enlistment: 20060918Age at Enlistment: Period of Enlistment: Years13 MonthsDate of Discharge:20101027Highest Rank:Length of Service: Year(s)Month(s)10 Day(s)Education Level: AFQT:51MOS: 6046Proficiency/Conduct Marks (# of occasions):()/()Fitness Reports: Awards and Decorations (per DD...
USMC | DRB | 2009_Marine | MD0900991

Original file (MD0900991.rtf) Auto-classification: Denied

By a vote of the Narrative Reason shall WEIGHT CONTROL FAILURE.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 Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. ”...
USMC | DRB | 2009_Marine | MD0900288

Original file (MD0900288.rtf) Auto-classification: Denied

By a vote of the Narrative Reason shall WEIGHT CONTROL FAILURE.Discussion :().The Applicant contends after 12 plus years of decorated and faithful service, he believes his discharge, due to weight control, does not rate a “General (Under Honorable Conditions)” and his misconduct was due to mitigating circumstances (family issues). The Board determined the characterization of service received, “General (Under Honorable Conditions)”, was an appropriate characterization considering the length...
USMC | DRB | 2008_Marine | MD0801904

Original file (MD0801904.rtf) Auto-classification: Denied

For the edification of the Applicant, any misconduct that occurs while other processes are in work, such as; administrative separations due to medical or mental health issues, will take precedence when determining the Applicant’s character of service. The Board determined the characterization of service received, “Under Other Than Honorable Conditions”, was an appropriate characterization considering the length of service and the UCMJ violations involved, and based on the limited...
USMC | DRB | 2014_Marine | MD1400220

Original file (MD1400220.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Based on the Applicant’s unsatisfactory performance by failing to achieve Marine Corps weight and body fat percentage standards, command administratively processed for separation. ” 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...
USMC | DRB | 2009_Marine | MD0901360

Original file (MD0901360.rtf) Auto-classification: Denied

Applicant’s Request: Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USMCR (DEP) 20030924 - 20040426 Active: Period of Service Under Review: Date of Enlistment: 20040427Age at Enlistment: Period of Enlistment: Years Months Date of Discharge: 20060921 Highest Rank: Length of Service: Year(s) Month(s)26 Day(s)Education Level: AFQT: 34 MOS: 0161 Proficiency/Conduct Marks (# of occasions): () / () Fitness Reports: Awards and Decorations (per DD...

Search Decisions

Decision Text

USMC | DRB | 2011_Marine | MD1101085

Similar Decisions