Search Decisions

Decision Text

USMC | DRB | 2012_Marine | MD1200753
Original file (MD1200753.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20120214
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)       20080125 - 20080623     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20080624     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20110422      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 29 D a y ( s )
Education Level:        AFQT: 49
MOS: 0111
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle NMCOSR (2) CoC

Periods of UA / CONF :

NJP:

- 2009031 7 :       Article (Failure to obey order or regulation, 3 specifications )
         Specification 1: Violate III MEF’s Liberty Policy and BnO 1050 6C by not returning to base by prescribed time for red card holder .
         Specification 2: Violate III MEF’s Liberty Policy and BnO 1050 4 by not staying with liberty buddy and returning to base without him .
         Specification 3: Violate MCBJO 1600 1C by purchasing and consuming alcohol under the legal drinking age .
         Awarded: Suspended:

- 2009102 9 :       Article (Failure to obey order or regulation, 2 specifications )
         Specification 1: Failing to sign out in the Liberty Logbook coming back on base after curfew .
         Specification 2: Wearing civilian clothing at an on base facility where alcohol is sold .
         Awarded: Suspended:

SCM:     SPCM:    CC:

CIVIL ARREST:

- 20110102 :       Charges: Apprehended by the Japanese Police for drunk and disorderly conduct and an incident in which he is alleged to have broken a window of an Okinawan merchant.




Retention Warning Counseling :

- 20081103 :       For consuming alcohol while under the legal age of 21.

- 2009031 9 :       For battalion NJP or 20090319 violation of the UCMJ, specifically violation of Article 92x3, failure to obey order or regulation, by not returning to base by 2400 , violating III MEF Liberty Policy for red card holders, returning to base without your assigned Liberty Buddy violating BnO 1050.4 and purchasing and consuming alcohol under the legal drinking age of 20 violating MCO 1600 1C.

- 20091029 :       For two violations of Article 92, failure to obey an order or regulation, which resulted in you being awarded non judicial punishment on 20091029. Specifically, 20091010 at 0530, you failed to sign out of the liberty logbook and you came back after curfew; and on 20091023, you disregarded the liberty risk class “C” program conditions and wore civilian clothing to an on base facility where alcohol was sold.

Administrative Corrections to the Applicant’s DD 214

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

          “ MARCORSEPMAN PAR 62 1 0 .3 ”
        
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. Paragraph 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 1 September 2001 until Present.

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 contends his depression led to his alcohol abuse and subsequent misconduct.
2.       The Applicant contends his service and misconduct is better characterized Under Honorable Conditions (General) rather than Under Other Than Honorable Conditions .

Decision

 Date: 20 1 3 0124            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 Applicant’s record of service included 6105 counseling warnings , for o f the Uniform Code of Military Justice (UCMJ): Article (Failure to obey order or regulation , 5 specifications : Specification 1: Violate III MEF’s Liberty Policy and BnO 1050 6C by not returning to base by prescribed time for red card holder , Specification 2: Violate III MEF’s Liberty Policy and BnO 1050 4 by not staying with liberty buddy and returning to base without him , Specification 3: Violate MCBJO 1600 1C by purchasing and consuming alcohol under the legal drinking age , Specification 4 : Failing to sign out in the Liberty Logbook coming back on base after curfew , and Specification 5: Wearing civilian clothing at an on base facility where alcohol is sold) , and a civil arrest for drunk and disorderly conduct . Based on the offenses committed by the Applicant, command administratively processed for separation. When notified of a dministrative separation processing using the procedure, the Applicant exercised rights to consult with a qualified counsel, submit a written statement, and request an administrative board . On 2 August 2010, the Applicant submitted a conditional waiver of administrative discharge where he agreed to waive his right to an administrative separation board if the discharge would be suspended for twelve months. On 15 September 2010, the Applicant’s administrative separation with an Under Other Than Honorable Conditions characterization by reasons of Pattern of Misconduct and Alcohol Rehabilitation Failure was suspended for twelve months per the Applicant’s conditional waiver request . On 12 January 2011, the suspension was vacated based on the Applicant’s apprehension by Japanese p olice for drunk and disorderly conduct.

: (Decisional) ( ) . The Applicant contends his depression led to his alcohol abuse and subsequent misconduct. Self - medicating with alcohol is never a rationale or an acceptable excuse for inappropriate conduct, misconduct, or poor judgment. The record clearly shows that the Applicant was given multiple chances by his command for treatment of his alcohol abuse (both outpatient and impatient treatment). The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions.
Multiple violations of III MEF’s Liberty Policy and alcohol - related incidents were all conscious decisions to violate the ten ets of honorable and faithful service. Relief denied.

: (Decisional) ( ) . The Applicant contends his service and misconduct is better characterized Under Honorable Conditions (General) rather than Under Other Than Honorable Conditions . Based on the Applicant’s record of service, the NDRB determined the Applicant engaged in conduct involving multiple acts of misconduct that constituted a significant departure from the conduct expected of members of the Naval Service, and the awarded characterization of service was warranted. In addition, the Applicant submitted a request for a conditional waiver of his administrative separation board if his discharge would be suspended for twelve months where the Applicant stated his understanding and acknowledged that any further misconduct during the suspension period on his part would cause the vacation of the suspension and execution of the discharge with a characterization Under Other Than Honorable Conditions . The NDRB determined there was no impropriety or inequity with the discharge and that an upgrade was not 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), 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 | 2012_Marine | MD1201698

    Original file (MD1201698.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)20061216 - 20070102Active: Period of Service Under Review: Date of Current Enlistment: 20070103Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20100323Highest Rank:Length of Service: Year(s)Month(s)21 Day(s)Education Level: AFQT:79MOS: 2844Proficiency/Conduct Marks (# of occasions):()/()Fitness Reports: Awards and Decorations (per DD...

  • USMC | DRB | 2014_Marine | MD1400370

    Original file (MD1400370.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. ” 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 purpose of enhancing reenlistment opportunities.

  • USMC | DRB | 2012_Marine | MD1201843

    Original file (MD1201843.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: Pertinent Regulation/Law A. Paragraph 6419, SEPARATION IN...

  • USMC | DRB | 2002_Marine | MD02-01029

    Original file (MD02-01029.rtf) Auto-classification: Denied

    I’m asking my discharge be upgraded to honorable because I can't get any benefits, and I have a serious medical condition (my back) (severe epidermal fibrosis) I had one surgery in the Marine Corps and I now need another one again. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).A characterization of service of under other than honorable conditions is warranted...

  • USMC | DRB | 2005_Marine | MD0500605

    Original file (MD0500605.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Charge I: violation of the UCMJ, Article 92 (6 specs): Specification 1: Failure to obey lawful order on 021231 by leaving the limits of Camp Kinser without proper authority. As of this time, the Applicant has not provided any documentation for the Board to consider.

  • USMC | DRB | 2005_Marine | MD0500108

    Original file (MD0500108.rtf) Auto-classification: Denied

    MD05-00108 Applicant’s Request The application for discharge review was received on 20031202. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review.

  • USMC | DRB | 2011_Marine | MD1100299

    Original file (MD1100299.rtf) Auto-classification: Denied

    Violation of Article 92 x2, in that on 20060103 at approximately 2200-0600 on 20060104, you failed to obey a lawful order or regulation. : (Decisional)() .The Applicant contends he was denied rights to counsel and to request an administrative discharge board during 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 the Applicant’s...

  • USMC | DRB | 2005_Marine | MD0501221

    Original file (MD0501221.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). ), necessary corrective actions explained, sources of assistance provided.011120: NJP for violation of UCMJ, Article 92: Specification 1: In that PFC G_ H. B_ (Applicant), did, on board Camp Hansen, Okinawa Japan, on or about 0230, 2 November 2001, failed to obey a lawful general order, to wit: by wrongfully consuming alcohol under the legal...

  • USMC | DRB | 2012_Marine | MD1201225

    Original file (MD1201225.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)20050926Active: Period of Service Under Review: Date of Current Enlistment: 20050927Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20100926Highest Rank: Length of Service: Year(s)Month(s)00 Day(s)Education Level: AFQT:63MOS: 6821Proficiency/Conduct Marks (# of occasions):()/()Fitness Reports: Awards and Decorations (per DD 214):Rifle (2)(2)...

  • USMC | DRB | 2015_Marine | MD1500238

    Original file (MD1500238.rtf) Auto-classification: Denied

    - 20050511: Article (Failure to obey order or regulation) 2 specifications Specification 1: Willfully failing to check-out without a liberty buddy. 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 remain UNDER OTHER THAN HONORABLE CONDITIONS and the narrative reason for separation shall remain MISCONDUCT. ” Additional...