Search Decisions

Decision Text

USMC | DRB | 2011_Marine | MD1101610
Original file (MD1101610.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20110621
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)       19971017 - 19980817     Active:  

Period of Service Under Review:
 Date of Current Enlistment: 19980818     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20021212      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 25 D a y ( s )
Education Level:        AFQT: 58
MOS: 0621
Proficiency/Conduct M arks (# of occasions): /          Fitness Reports:

Awards and Decorations ( per DD 214):      Rifle (2) MM (3)

NJP:

- 20001120 :      Article (Failure to obey order or regulation, 2 specifications )
         Specification s 1 and 2 : Consumed alcohol while under the legal drinking age of 21 on 20001014 and 20001106
         Awarded: ORAL Suspended:

20020111 :        Article (Failure to obey order or regulation)
         Awarded: CCU Suspended:

20020325 :        Article ( Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer to SSgt )
         Awarded: Suspended:

20020913 :        Article (Absence without leave 20020603-20020904, 92 days)
         Awarded: RIR Suspended:
SCM:

- 20021025 :      Article (Absence without leave 20021002 and 20021009, 2 specifications )
         Article (General A rticle - breaking restriction, 4 specifications )
         Sentence: (20021025-20021117, 24 days)

SPCM:    CC:






Retention Warning Counseling:

- 20011211 :      For substandard performance, in that you did lose military property (MOLLE pack frame, ruck sack, sleep system and poncho) due to your own negligence. You did not offer to pay for lost property and the Battalion Commander has referred the matter for disciplinary action. Negligent loss of military property is violation of Article 108 of the UCMJ. Additionally, your untimely reporting of the loss of said property (MEBEX Sep 01) is unacceptable. Due to your unsatisfactory responsibility, accountability and lackadaisical attitude regarding the above matter you are not recommended f o r promotion for the period Jan-Mar 01.

- 20011224 :      For substandard performance. You have been consistently late for scheduled formations and inspections. You have failed to positively respond to verbal and written counseling by your immediate supervisors. Your failure to report to appointed places of duty are in violation of Article 86 (unauthorized absence). Your lackadaisical attitude and failure to respond to counseling is unsatisfactory. You are not recommended for promotion for the next quarter.

- 20021021 :      For unauthorized absence (2 specifications ) and breaking restriction (4 specifications ).

NDRB Documentary Review Conducted (date):        201110113
NDRB Documentary Review Docket Number:   MD10-00410
NDRB Documentary Review Findings:                 Proper as issued and that no change is warranted.
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. 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 .



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

Applicant’s Issues

 1.       The Applicant seeks an upgrade for service benefits.
2.       The Applicant contends the information in his service record is inaccurate.
3.       The Applicant contends his record of service outweighs his misconduct.

Decision

Date : 20 1 2 0917            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 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 Board did complete a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent sta ndards of equity and propriety. The Applicant’s record of service included 6105 counseling warnings , for o f the Uniform Code of Military Justice (UCMJ): Article 86 ( Absence without leave , 20020603 - 20020904, 92 days ), Article 91 ( Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer ), and Article 92 ( Failure to obey order or regulation , 3 specific ation s , consumed alcohol while under the legal drinking age of 21 on 20001014 and 20001106 ) , and for of the UCMJ: Article 86 (Absence without leave , 2 specific ations, 20020603 and 20021009 ) and Article 134 (General A rticle, b reaking restriction, 4 specifications) . In accordance with Paragraph 1004 of the Marine Corps Separation and Retirement Manual, an Honorable characterization of service upon the expiration of active duty is appropriate when the quality of a Marine’s service has met the standards of accepted conduct and performance of duty for military personnel. Therefore, characterization of service will be Honorable for Marines with average Proficiency marks of 3.0 or higher and average Conduct marks of 4.0 or higher. The Applicant completed his obligated service , however, his overall marks for P roficiency and C onduct were not found in his service record . The NDRB presumes regularit y in the conduct of its affairs; therefore t he Applicant’s presumed failure to achieve the standard for conduct is evidence of significant negative aspects, outweighing all but the most meritorious military records. As a result, his service was characterized as General.

: (Nondecisional) The Applicant feels that since he completed his enlistment contract , he should be able to receive the GI Bill . 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.

: ( D ecisional) (Propriety/Equity) RELIEF NOT WARRANTED . The Applicant contends the information in his service record is inaccurate , because he only received three NJPs and his summary court-martial was for the Article 86 violation of 92 days. 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 his issue. There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that he received only three NJPs . The Applicant’s statement alone does not overcome the government’s presumption of regularity in this case. T his issue does not serve to provide a foundation upon which the Board can grant relief. Relief denied.

: (Decisional) ( ) . During t he personal appearance hearing , the Applicant stated he scored high on his PFTs and received numerous awards for his performance . The characterization of service is determined by the quality of the member’s total performance of duty and conduct during the current enlistment, including the reason for separation. Other considerations shall be given to the member’s length of service, grade, aptitude, and physical and mental condition. Based on the Applicant’s record of service, the NDRB determined th at significant negative aspects of his conduct or performance of duty outweighed the positive aspects of his service record. 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 is not eligible for further reviews from the NDRB. 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.


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), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 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 | 2010_Marine | MD1000410

    Original file (MD1000410.rtf) Auto-classification: Denied

    Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge,and therefore 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 admnistrative discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The...

  • USMC | DRB | 2007_Marine | MD0700961

    Original file (MD0700961.rtf) Auto-classification: Denied

    The evidence of record clearly indicates that the Separation Authority did not consider the Applicant’s enlistment waiver for pre-service drug use on the issue of his characterization of service. Commanding Officer Recommendation (date): , SUSPENDED FOR 12 MONTHS (20021009) SJA review (date): (20021025) Separation Authority (date): CG, MARINE CORPS BASE HAWAII (20021029) Basis for discharge directed: DUE TO: Characterization directed: Date Applicant Discharged: 20021029 Types of Documents...

  • NAVY | DRB | 2012_Navy | ND1200071

    Original file (ND1200071.rtf) Auto-classification: Denied

    The Applicant was administratively separated for reason of a pattern of misconduct in that he had two NJPs and four retention warning counselings for misconduct in 13 months of service. ” 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...

  • NAVY | DRB | 2015_Navy | ND1500146

    Original file (ND1500146.rtf) Auto-classification: Denied

    Based on the Article 112a violation, processing for administrative separation is mandatory. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. ” 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.

  • NAVY | DRB | 2011_Navy | ND1101117

    Original file (ND1101117.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1.The Applicant seeks an upgrade in order to reenlist into the Armed Forces. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.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...

  • NAVY | DRB | 2008_Navy | ND0800652

    Original file (ND0800652.rtf) Auto-classification: Denied

    Types of Documents Submitted/ REVIEWED Related to Military Service: DD 214: Service and/or Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements From Applicant: From Representation: From Member of Congress: Other Documentation (Describe) DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE...

  • USMC | DRB | 2009_Marine | MD0900434

    Original file (MD0900434.rtf) Auto-classification: Denied

    By a vote of the Narrative Reason shall .Discussion Issue 1:() .The Applicant contends his discharge should be upgraded based on his record of service which was good apart from a single period of misconduct. The Board determined the characterization of service received, “General (Under Honorable Conditions)”, was an appropriate characterization considering the length of service and the UCMJ violations involved, and based on the lack of post service documentation provided an upgrade would be...

  • NAVY | DRB | 2012_Navy | ND1200291

    Original file (ND1200291.rtf) Auto-classification: Denied

    Per Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until 25 April 2005, Article 1910-140, SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT, the Separation Code for a service member not entitled to an administrative board is JKA. The NDRB will recommend to the Commander, Navy Personnel Command that this change be made to his DD Form 214.Summary: After a thorough review of the available evidence, to include the Applicant’s summary...

  • NAVY | DRB | 2010_Navy | ND1000755

    Original file (ND1000755.rtf) Auto-classification: Denied

    Representation: 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 governmental affairs unless there is substantial credible evidence to rebut the presumption, to include...

  • USMC | DRB | 2008_Marine | MD0801355

    Original file (MD0801355.rtf) Auto-classification: Denied

    The Board determined an upgrade would be inappropriate at this time.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : If you believe that 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...