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USMC | DRB | 2011_Marine | MD1101239
Original file (MD1101239.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20110419
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)       20011114 - 20020714     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20020715     Age at Enlistment:
Period of E nlistment : Years Months (with a 12 month extension executed on 20060715)
Date of Discharge: 20070714      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 2 D a y ( s )
Education Level: 12      AFQT: 64
MOS: 5711/9051
Proficiency/Conduct M arks (# of occasions): (NFIR) / (NFIR)    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle (2) , (Iraq), , ACM , , , , (Iraq) , ,

Periods of UA / CONF :

NJP:

- 20060721 :      Article (SNM was stopped by PMO with a BAC of .28%, which resulted in a DUI)
         Awarded: Suspended:

- 20060823 :      Article (Disobeyed Marine Corps regulation when he was pulled over and cited for DUI by the Vista Police Department)
         Article (Violate his restriction limitations by riding in a POV)
         Awarded: Suspended:

- 20070607 :      Article (SNM violated BO P500.2J specifically by driving while under the influence of alcohol)
         Awarded: Suspended:


SCM:     SPCM:    CC:

Retention Warning Counseling :

- 20041209 :       For your failure to comply with Marine Corps Order not to consume alcohol under the legal age.







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 until Present, Paragraph 1005, DISCHARGE FOR EXPIRATION OF ENLISTMENT OR FULFILLMENT OF SERVICE OBLIGATION .
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 .

C. Table 61 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 1 September 2001, Guide for Characterization of Service.

D. U.S. Code, Title 10, Section 1553 (d) (1) and (d) (2).


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

 Decisional issue : The Applicant contends that his characterization of service at discharge was inequitable; his service was honorable, to include combat service, and his misconduct of record was directly related to self - medicating with alcohol to address undiagnosed symptoms of Post - Traumatic Stress Disorder (PTSD) and were not indicative of his service.

Decision

Date: 20 1 1 1019            Location: Washington D.C .         R epresentation :

By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall .
Discussion

 I n accordance with U.S. Code, Title 10, Section 1553 (d) (1), the B oard included a member who is a physician, clinical psychologist, or psychiatrist. In accordance with section 1553 (d) (2), the service secretary expedited a final decision and accorded the case sufficient priority to achieve an expedited resolution.

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 NDRB presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The NDRB reviews the propriety and equity of an Applicant’s discharge individually, on a case-by-case basis; if such a review reveals an impropriety or inequity, relief is in order. Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with the standards of discipline of the Naval Service. The Applicant submitted one decisional issue for the NDRB’s consideration . The Applicant entered military service at age 1 8 without waiver to enlistment and induction standards on a four - year enlistment with a guaranteed contract of Nuclear, Biological , and Chemical Defense . He received secondary training as a Graves Regis tr ation Specialist, a capacity he served in for three years . The Applicant completed his four-year contract and executed a 12-month extension to support the operational needs of his unit. The Applicant successfully completed his military service obligation and was discharged at the completion of his required active service with a General (Under Honorable Conditions) characterization of service. The Applicant ’ s service record documents that he is a combat veteran, having completed a one-year deployment as a Graves Registration Specialist i n the Al-Anbar Province of Iraq in support of Operation IRAQI FREEDOM (OIF) , receiving a Navy and Marine Corps Achievement Medal and Combat Action Ribbon for direct combat actions .
Decis ional Issue ( ) . The Applicant contends that his characterization of service at discharge was inequitable; his service was honorable, to include combat service, and his misconduct of record was directly related to self - medicating with alcohol to address symptoms of PTSD and were not indicative of his service , but of his injuries. The Board reviews the propriety and equity of an Applicant’s discharge individually, on a case-by-case basis. If such a review reveals an impropriety or inequity, relief is in order. Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of discipline of the Naval service. There is documented evidence in the record that the Applicant committed misconduct. The Applicant does not deny this misconduct. However, the NDRB concluded that the medical evidence of record is supportive of the Applicant’s claim that he was suffering from un diagnosed PTSD at the time . The A pplicant has been diagnosed with PTSD ( sever e ) since discharge , which is well - documented in his Department of Veterans Affairs records with a finding of 70% disability due to PTSD ( c ombat - related) . The NDRB considered the diagnosed PTSD as a mitigating factor ; the Applicant’s record documents honorable service before his combat service and while in theater. The NDRB found that there was an inequity in the Applicant’s discharge action, and, as a result, determined that an inequity in the result ing characterization of service did occur. As such, r elief is warranted .

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, service record entries, and the discharge process, the NDRB determined that Therefore, the awarded characterization of service shall while the narrative reason for separation shall remain .


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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