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USMC | DRB | 2011_Marine | MD1102004
Original file (MD1102004.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20110831
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)       20070511 - 20070617     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20070618     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20090331      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 14 D a y ( s )
Education Level:        AFQT: 62
MOS: 3043
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:
Awards and Decorations ( per DD 214):      Rifle

NJP:
- 2008 0115 :       Article ( Absence without leave)
         Article ( Failure to obey order or regulation, d isobey ed a lawful order or regulation by purchasing alcohol for underage Marines)
         Awarded: Suspended:

- 20080723 :      Article ( Restriction, breaking , left leaving barracks and later caught at the E xchange purchasing cigarettes )
         Article ( Drunken driving, d r ove a motor vehicle under the influence of alcohol)
         Awarded : Susp ended:
SCM:
- 20090205 :       Art icle ( Absence without leave, 0730 on or about 20090112-1500 on or about 20090113 , 1 day )
         Art icle ( Larceny, o n or about 20081221 stole V icoden pills from her company commander )
         Sentence : 20090205-20090217 (13 days)

Retention Warning Counseling :
- 20071129 :       For violation of Article 92 , being in a male barracks room

-20080506:       Smoking in common areas

 - 20080516 :       For violation s of Article 92, for having a male Marine visit her both after curfew and before the permitted time to have visitors in her room aboard the BEQ for enlisted members

- 20080723 :       For violation of Articles 111 , D riving under the influence of alcohol , and 134, B reaking restriction while on pre-trial restriction

- 20081115 :       For violation of Articles 86 , UA, 92 , P urchasing alco hol for underage Marines , and 107 , for making a false statement

- 20090204 :       For u nauthorized absence, failure to obey lawful orders, driving under the influence, and disrespect to a non-commissioned officer

SPCM:    CC:

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. The Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 1 September 2001 until Present, Paragraph 6210, MISCONDUCT .

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 desires employment opportunities and a chance at a better life.        
2.       Applicant contends misconduct mitigated by in - service conduct.
3.       Applicant contends misconduct was the result of a traumatic in-service event that was mishandled by the service and caused the A pplicant to develop non-combat - related Post-Traumatic Stress Disorder ( PTSD ) .

Decision

Date: 20 1 2 0625            Location: Washington D.C .         R epresentation :

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

 The N aval D ischarge R eview B oard ( 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 g overnment al a ffairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. T he Applicant identif ied two decisional issues to the NDRB . T he NDRB did complete a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent standards of equity and propriety. The Applicant did enter the Marine Corps with two serious offense waivers that i ncluded two prior service DUI/DWI events. The Applicant’s record of service included 6105 counseling warnings, for o f the Uniform Code of Military Justice (UCMJ): Article ( Absence without leave , ), Article ( Failure to obey order or regulation , ), Article ( Drunken driving , ) , and Article (Restriction, breaking, ) , a nd for of the UCMJ: Article ( Absence without leave , ) and Article (Larceny, ) . When notified of a dministrative separation processing using the procedure, the Applicant rights to consult with a qualified coun sel, but waived her rights to submi t a written statement and request an administrative board . The Applicant was notified of separation for Alcohol Rehabilitation Failure, Pattern of Misconduct, and Misconduct ( Drug Abuse) . The Applicant was separated Under Other Than Honorable Conditions for Misconduct ( Drug Abuse) after stealing and then using her superior ’ s prescription drugs. The c ompany c ommanding o fficer’s comments included, “ [Applicant] has been given multiple opportunities to correct her deficiencies. She was sent to an intensive alcohol treatment facility, but quickly relapsed after returning to base. Special care was taken in the mentoring and character development of [Applicant] , but repeated use of alcohol and integrity violations require her sepa ration from the Marine Corps. ”

: (Nondecisional) Applicant desires employment opportunities and a chance at a better life. 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.
: (Decisional) ( ) . Applicant contends misconduct mitigated through in - service conduct. The Applicant states her character is demonstrated by three meritorious promotions, b oot camp iron-man award, 300 PFT score, selection as squad leader at MCT and supply school, and expert rifle shooter. The Applicant was administratively separated and not separated upon expiration of enlistment or fulfillment of service obligation. 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, to include six retention warnings, two NJPs, and a Summary Court-Martial, the NDRB determined the Applicant engaged in conduct involving one or more acts or omissions that constituted a significant departure from the conduct expected of members of the Naval Service and that the awarded characterization of service was warranted. There is nothing in the record to suggest that the Applicant was not responsible for her actions. Relief denied.


: (Decisional) ( ) . Applicant contends misconduct was the result of a traumatic in-service event that was mishandled by the service and caused the A pplicant to develop non-combat - related PTSD. The NDRB conducted a comprehensive review of the Applicant’s service, medical, and submitted records. The claims identified by the Applicant were not found in any of the records, including the separation physical. 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 h er issue. There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that she suffered a traumatic event that led her to become alcohol - dependent and subsequently caused her multiple instances of misconduct. The Applicant’s statements alone do not overcome the government’s presumption of regularity in this case. The Applicant’s record also reflects no attempts to use the numerous services available for service members who undergo personal problems during their enlistment s , such as the Navy c haplain, Medical or Mental Health professionals, or Family Advocacy Programs. Finally, the Applicant’s pre-service history reflects extensive alcohol abuse. The NDRB determined an upgrade was n ot 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

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