Upgrade.Vet

USMC | DRB | 2012_Marine | MD1201238

Original file (MD1201238.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20120511

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)       20060309 - 20060730     Active:

Period of Service Under Review:
Date of Current Enlistment: 20060731     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20100823      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 24 D a y ( s )
Education Level:        AFQT: 38
MOS: 0311
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

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

NJP:

- 20080226 :       Article (Failure to obey order or regulation , on 20080128 disobey a lawful order or regulation by sitting down and falling asleep on post)
         Article 113 ( Misbehavior of sentinel or lookout , did on 20080128, while being a sentry aboa r d COP Ocotal, Iraq was found asleep upon his post)
         Awarded: Suspended:

- 20081017 :      Article (Failure to obey order or regulation, did in the city of Jacksonville, NC on 20080730 fail to obey a lawful general order to wit: MCO 1700.22D by wrongfully drinking alcohol while under the age of 21)
         Article ( Drunken or reckless operation of vehicle, aircraft, or vessel , did at Swansboro , NC on or about 20081012, physically control a vehicle to wit: a passenger vehicle while the alcohol concentration in his breath was, as shown by chemical analysis , equal to or exceeded (.10) grams of alcohol per 210 liters of breath which is the limit under NC state law)
         Awarded: Suspended:

SCM:

- 20100113 :       Art icle (Absence without leave, 20091228 at 0900 fail to go to his appointed place of duty)
         Article (Failure to obey order or regulation, on or about 20091228 fail to obey a lawful order to wit: check in with the OOD for restriction)
         Sentence : (20100113-20100205, 24 days)

CC:

- 20100211 :       Offense: Driving While Intoxicated
         Sentence : N o longer authorized to operate a motor vehicle in the state of North Carolina until your license has been reinstated by the Division of Motor Vehicles

Retention Warning Counseling :

- 20080722 :       For your receiving a citation from the Onlsow County Sheriff’s Department on 20080704 for underage drinking and driving with an open container of an alcoholic beverage in your vehicle and arrest by the North Carolina Highway patrol on 20080705 for suspicion of DUI

- 20080731 :       For your recent actions on 20080726 in which you lied to your platoon sergeant and Staff Non-Commissioned Officer of the Day concerning your underage consumption of alcohol

- 20081020 :       For violations of A rticles 92 and 111 of the UCMJ , you were issued a citation from civilian authorities for underage drinking and operating a motor vehicle with a BAC of .11

- 20100218 :       For revocation of driving privileges in the state of North Carolina and aboa r d all government installations and facilities , on 20100211 you were found guilty of d riving while intoxicated at the Onslow County District Court Jacksonville , North Carolina

SPCM:

Administrative Corrections to the Applicant’s DD 214

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

         “ 2006 07 31 ”
         “ ”
         “ (24) 20100113-20100205 ”

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. 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 wants an upgrade t o be eligible for Department of Veterans Affairs (VA) benefits.
2.       The Applicant contends his characterization of General (Under Honorable Conditions) was too harsh , and he was not provided an adequate opportunity to present extenuating or mitigating circumstances .

Decision

Date: 20 1 3 0301          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 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’s record of service included 6105 counseling warnings, for o f the Uniform Code of Military Justice (UCMJ): Article 92 ( Failure to obey order or regulation , falling asleep on post), Article 113 ( Misbehavior of sentinel or lookout , falling asleep on post while in combat) , Article 92 (Failure to obey order or regulation , underage drinking), and Article 111 ( Drunken or reckless operation of vehicle, aircraft, or vessel ) , Summary Court-Martial for of the UCMJ: Article 86 (Absence without leave , over 24 hours ) and Article 92 (Failure to obey order or regulation , failure to check in on restriction) , and one Civilian Conviction of driving under the influence of alcohol . The Applicant reached his contracted end of enlistment and was discharged for Completion o f Required Active Service with a General (Under Honorable Conditions) characterization of service .

: (Nondecisional) The Applicant wants an upgrade to be eligible for VA benefits. There is no requirement, or law, that grants re-characterization solely on the issue of facilitating access to VA benefits. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing educational opportunities or employment opportunities. Regulations limit the NDRB’s review solely to a determination of the propriety and the equity of a discharge. As such, this issue does not serve to provide a foundation upon which the NDRB can grant relief.

: (Decisional) ( ) . The Applicant contends his characterization of General (Under Honorable Conditions) was too harsh, and he was not provided an adequate opportunity to present extenuating or mitigating circumstances. 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 and his overall marks for P roficiency and C onduct were 4. 0 and 3.9 , respectively. As the Applicant’s average C onduct mark did not meet the minimum standard for an Honorable characterization, the NDRB discerned no impropriety or inequity in the discharge characterization of General (Under Honorable Conditions). There is nothing in the record, nor did the Applicant provide any evidence, to indicate that he was not allowed to explain the circumstances of his misconduct when at his two NJPs, one Summary Court-Martial, and one civilian offense. The NDRB did find it highly unusual that the Applicant was allowed to complete his enlistment considering his extensive amount of misconduct. Other Marines with similar misconduct typically would have been discharged Under Other Than Honorable Conditions for Misconduct. 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 | 2009_Marine | MD0902333

Original file (MD0902333.rtf) Auto-classification: Denied

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. ” 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. ...
USMC | DRB | 2011_Marine | MD1101861

Original file (MD1101861.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The Applicant contends he warrants an upgrade, because he did serve part of his obligated 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.
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...
NAVY | DRB | 2011_Navy | ND1100990

Original file (ND1100990.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks an upgrade for veterans benefits.2. ” 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...
USMC | DRB | 2011_Marine | MD1101780

Original file (MD1101780.rtf) Auto-classification: Denied

The Applicant submitted a copy of the acknowledgment of his separation proceedings that shows he requested an administrative separation board. ” 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 | 2009_Marine | MD0902435

Original file (MD0902435.rtf) Auto-classification: Denied

SNM willfully and with disregard for good order and discipline, consumed alcohol while under the legal drinking age, demonstrated unsafe operation of a motor vehicle, unnecessary risk to self and others, failure to obey state laws, failure to obey an order and discipline in the armed forces, and conduct that brings discredit upon the Naval Service and United States Marine Corps.- 20081218: For violation of Article 112a of the UCMJ that resulted in NJP on 20081218.- 20081218: For my illegal...
USMC | DRB | 2010_Marine | MD1001644

Original file (MD1001644.rtf) Auto-classification: Denied

The Applicant’s misconduct is clearly documented. 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 . ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at...
USMC | DRB | 2011_Marine | MD1101413

Original file (MD1101413.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. 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.The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing educational opportunities. ” Additional Reviews : After a document review has been...
USMC | DRB | 2010_Marine | MD1001596

Original file (MD1001596.rtf) Auto-classification: Denied

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 . ” 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 | 2010_Marine | MD1000640

Original file (MD1000640.rtf) Auto-classification: Denied

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 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 standards of equity and propriety.The Applicant’s record of service included 6105 counseling warnings and for of the Uniform Code of...

Search Decisions

Decision Text

USMC | DRB | 2012_Marine | MD1201238

Similar Decisions