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USMC | DRB | 2012_Marine | MD1201277
Original file (MD1201277.rtf) Auto-classification: Denied


ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20120516
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)       20000111 - 20000118     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20000119     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20040109      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 21 D a y ( s )
Education Level:        AFQT: 57
MOS: 0431
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle CoA

Periods of CONF :

NJP:

20010110 :         Article (Failure to obey order or regulation , 3 specifications )
         Specification 1: Bringing a female visitor in his room after 2200
         Specification 2: Signing a female visitor in with the duty NCO
         Specification 3: Bringing an unauthorized female visitor under18 years of age into barracks
         Awarded: Suspended:

- 20010509 :      Article (Absence without leave 0600-0625, 20010423, from road guard duty)
         Awarded: Suspended:

- 20020205 :       Article (Absence without leave , 2 specifications )
         Specification 1: 0700-0815, 20011116
         Specification 2: 0730-0750, 20011204
         Article (Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer)
         Article 92 (Failure to obey order or regulation, 2 specifications )
         Specification 1: Having female visitor in his room at 0001, 20011129
         Specification 2: Failed to sign female visitor in with the DNCO at 2400, 20011129
         Article 108 (Military property of United States - Loss, d amage, d estruction, or wrongful disposition)
         Awarded: CCU 30 days Suspended:

SCM:     SPCM:    CC:





Retention Warning Counseling :

- 20001024 :       For lack of maturity and judgment by failing to be at your appointed place of duty at the appointed time. Specifically, you were UA from H Q Company 8 th Marine s from 0701, 20001011 to 0830, 20001012, 1 day.

- 20010117 :       For lack of initiative and discipline in that you have failed to maintain good hygiene and clean serviceable uniforms.

- 20010430 :       For lack of judgment and disrespect to a Non-Commissioned Officer. Specifically , that on 20010428 at 1439 you were disrespectful to the HQ Co 8 th Marines DNCO and failed to comply with the current barrack’s policy on loud music in your room.

- 20010604 :       For frequent involvement with military/civilian authorities and established pattern of misconduct. Specifically , on 20010117 you received a P age 11 entry for poor hygiene. On 20001024 , you received a P age 11 entry for violation of Article 86 of the UCMJ. You received a company NJP on 20010110 for violation of Article 92 (three specifications) for having a n underage female in your room. On 20010515 , you received Company NJP for violation of Article 86 of the UCMJ.

- 20010830 :       For lack of performance and disrespect to a Non-Commissioned Officer. Specifically , that on 20010727 you were given a direct order by a SNCO/NCO to be at PT the next morning at 0600. SNM was not seen until 0700.

- 20020206 :       For frequent involvement with military/civilian authorities and established pattern of misconduct. Specifically , on 20001024 you received a P age 11 counseling entry for your immature attitude and poor judgment by failing to be at your appointed place of duty. On 20010117 you received a P age 11 entry for lack of initiative and discipline in that you failed to maintain good hygiene and clean serviceable uniforms. On 20010110 you were found guilty of violating Article 92 x3 of the UCMJ at company NJP in that you brought a 14 year old female into your barracks room. On 20020205 you were found guilty of violation of Article 86 x2, Article 92 x2 , and Article 108 of the UCMJ at 4 th MEB(AT) NJP in that you were UA, had a female visitor in your room after visiting hours , and destroyed government property by putting your fi st through a door window.

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 contends he signed off on an Honorable discharge.

Decision

 Date: 20 1 3 0403            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 and for o f the Uniform Code of Military Justice (UCMJ): Article (Absence without leave, 3 specifications ) , Article (Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer) , Article 92 (Fail ure to obey order or regulation , 2 specifications ), and Article 108 (Military property of United States -Loss, d amage, d estruction, or wrongful disposition). The Applicant was separated at the end of his obligated active service with a General (Under Honorable Conditions) characterization of service due to his below-average P roficiency and C onduct marks of 3.9 / 3. 8 , respectively .

: (Decisional) ( ) . The Applicant contends he signed off on an Honorable discharge. The Applicant submitted a copy of his NAVMC 11060 Form ( Separation/Travel Pay Certification ) where the t ype of d ischarge box wa s checked Honorable. The Applicant also signed his DD Form 214 that shows the Applicant received a General (Under Honorable Conditions) discharge, which has precedence over the NAVMC 11060 Form . The NAVMC 11060 form is a Disbursing form and has nothing to do with the propriety, equity, or accuracy of a Marine’s discharge characterization. Also, the Marine being discharged has no input into his discharge characterization and does not negotiate and sign off on the discharge characterization. I n accordance with Paragraph 1004 of the Marine Corps Separ ation and Retirement Manual, a General (Under Honorable Conditions) characterization is appropriate f or Marines at the end of their obligated service with average P roficiency marks below 3.0 and average C onduct marks below 4.0. The Applicant completed his obligated service and his overall marks for P roficiency and C onduct were 3.9 / 3.8 , respectively. Therefore, t he NDRB discerned no impropriety or inequity in the Applicant’s discharge and determined he appropriately received a General (Under Honorable Conditions) characterization for below-average conduct during his enlistment. 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

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