Upgrade.Vet

USMC | DRB | 2011_Marine | MD1102130

Original file (MD1102130.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20110920

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)       20010915 - 20011027     Active:

Period of Service Under Review:
Date of Current Enlistment: 20011028     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20020613      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 16 D a y ( s )
Education Level:        AFQT: 58
MOS: 9971
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle

Periods of UA / CONF : UA: 20020421 - 20020426 ( 5 days )             CONF:

NJP:              SCM:              SPCM:             CC:

Retention Warning Counseling :
- 20020509: For your medically diagnosed Major Depressive Disorder

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. Applicant contends his post-service achievements warrant consideration for a discharge upgrade.

Decision

Date: 20 1 2 1004 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. T he Board complete d a thorough review of the circumstances that led to his discharge and the discharge process to ensure his discharge met the pertinent standards of equity and propriety. The Applicant’s record of service contained one 6105 counseling retention warning (for Major Depressive Disorder). There was no evidence of commanding officer nonjudicial punishment (NJP) or trial by courts-martial. The record did reflect the Applicant was absent from his place of duty from 21-26 April 2002 (5 days). On 26 April 2002, the Applicant’s command was notified that the Applicant was being treated by off-base civilian mental health professionals in an inpatient status. Upon release to his command, the Applicant was referred to a mental health care provider aboard Fort Leonard Wood , MO , wh o diagnosed the Applicant with Major Depressive Disorder. Based on the medical diagnoses and recommendation made by the mental health provider, the Applicant’s record of service, and the Applicant’s potential for further service, the Applicant ’s command processed him for administrative separation. When notified of a dministrative separation processing using the procedure on 15 May 2002 , the Applicant waived rights to consult with a qualified counsel and to submit a written statement in rebutt al of the proposed separation. On 20 May 2002, the Marine Corps Detachment Commander, Fort Leonard Wood, MO endorsed the Applicant’s administrative separation package, stating “…If retained (the Applicant) could exhibit problems such as recurrent suicidal ideation, depression, and anxiety problems. He has been under unit watch since his condition was diagnosed and requires supervision beyond this command’s capacity. (The Applicant) fails to conform to military life and is unable to complete his formal training. (The Applicant) should be separated as soon as possible . ” On 13 June 2002, the Separation Authority directed the Applicant be administratively separated from the Marine Corps with a General (Under Honorable Conditions) discharge due to a Condition Not a Disability.

: (Decisional) ( ) . The Applicant contends his post-service achievements warrant consideration for a discharge upgrade. The NDRB considers post-service conduct in order to determine if the misconduct committed during active duty was indicative of the Applicant ’ s character or an aberration. However, there is no law or regulation that p rovides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question. The Applicant provided transcripts, honor society certification, character reference letters, and a personal statement as evidence of post-service accomplishments. Although his efforts to improve his life are noteworthy, c ompletion of these items alone does not guarantee an upgrade from an unfavorable discharge as each discharge is reviewed by the Board on a case by case basis. Per the Marine Corps Separation and Retirement Manual (MARCORSEPMAN) , w hen a service has been honest and faithful, it is appropriate to characterize that service under H onorable conditions. A General (Under Honorable Conditions) discharge is warranted when the quality of the member’s service has been honest and faithful but significant negative aspects of the member’s conduct or performance of duty outweigh the positive aspects of the member’s service record. The Applicant’s conduct ( including a five - day period of unauthorized absence while attending MOS school) , which forms the primary basis for determining the character of service, reflects the Applicant’s willful failure to meet the high standards of co nduct expected of all Marines, regardless of his grade or length of service, and falls short of w hat is required for an Honorable upgrade in the characterization of service. Relief denied.

Issue 2 : ( Board Issue ) ( Propriety) The NDRB found the Applicant’s discharge to be improper. In reviewing the Applicant’s record of service, the Board determined that the Applicant’s discharge, as a result of a Major Depressive Disorder diagnosis, did not fully meet the criteria for separation under MARCORSEPMAN chapter 6203.2 (Condition Not a Disability). Accordingly, and due to the fact the Applicant was only notified of administrative separation processing for the basis of C ondition N ot a D isability, the NDRB determine d that the most appropriate narrative reason for discharge shall reflect Secretarial Autho rity.

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and the administrative separation process, the Board found the discharge was improper. Therefore, the awarded characterization of service shall but the narrative reason for separation shall change to . 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), 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 | MD1000709

Original file (MD1000709.rtf) Auto-classification: Denied

Types of Documents Submitted/reviewedRelated 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/ToCongress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...
USMC | DRB | 2014_Marine | MD1400860

Original file (MD1400860.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The Applicant’s Re-entry Code of RE-3P does not bar him from future service, but it does require that he receive a waiver from the Commandant of the Marine Corps to reenlist. ” 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...
USMC | DRB | 2011_Marine | MD1101965

Original file (MD1101965.rtf) Auto-classification: Denied

Types of Documents Submitted/reviewedRelated 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/ToCongress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...
USMC | DRB | 2011_Marine | MD1101768

Original file (MD1101768.rtf) Auto-classification: Denied

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. ” 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. Reenlistment/RE-code : Since the NDRB has no jurisdiction...
USMC | DRB | 2009_Marine | MD0902082

Original file (MD0902082.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Lied about his mental health history to hide his homosexuality.2. The NDRB considers post-service conduct to determine if the misconduct committed during active duty was indicative of the Applicant's character or an aberration, but post-service conduct applies to the characterization of the discharge and not the narrative reason for separation. ” Additional Reviews : After a...
USMC | DRB | 2009_Marine | MD0901322

Original file (MD0901322.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)19990112 - 19990118Active: Period of Service Under Review: Date of Current Enlistment: 19990119Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:19990304Highest Rank:Length of Service: Year(s)Month(s)16 Day(s)Education Level: AFQT:84MOS: 9900Proficiency/Conduct Marks (# of occasions):/Fitness Reports: Awards and Decorations (per DD...
USMC | DRB | 2010_Marine | MD1000247

Original file (MD1000247.rtf) Auto-classification: Denied

Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain . ” 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...
USMC | DRB | 2014_Marine | MD1400559

Original file (MD1400559.rtf) Auto-classification: Denied

As full relief was granted in Issue 1, this issue was not considered by the NDRB.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. ” Additional...
USMC | DRB | 2012_Marine | MD1201824

Original file (MD1201824.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to:COMPLETION OF REQUIRED ACTIVE SERVICE Summary of Service Prior Service: Inactive:USMCR (DEP)20100701 - 20110612Active: Period of Service Under Review: Date of Current Enlistment: 20110613Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20110727Highest Rank: Length of Service: Year(s)Month(s)15 Day(s)Education Level: AFQT:83MOS: 8000Proficiency/Conduct Marks (# of occasions):N/A/N/AFitness...
USMC | DRB | 2013_Marine | MD1301646

Original file (MD1301646.rtf) Auto-classification: Denied

Despite the Applicant’s assessment that he does not have asthma and that his mental health history is not disqualifying for military service, the NDRB found that the documentation and statements provided for review do not refute the presumption that the Applicant deliberately misrepresented his medical condition during the enlistment process, including the omission or concealment of facts, which, if known at the time, would have reasonably been expected to preclude, postpone, or otherwise...

Search Decisions

Decision Text

USMC | DRB | 2011_Marine | MD1102130

Similar Decisions