Upgrade.Vet

USMC | DRB | 2012_Marine | MD1201339

Original file (MD1201339.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20120522

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)       20070825 - 20071218     Active:

Period of Service Under Review:
Date of Current Enlistment: 20071219     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20110722      H ighest Rank:
Length of Service : Y ea rs M on ths 04 D a ys
Education Level:        AFQT: 88
MOS: 2651
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle ACM

Periods of UA / CONF :

NJP:              SCM:              SPCM:             CC:

Retention Warning Counseling :

- 20110622 :       For your medical condition (panic disorder) as evidenced by the squadron surgeon, medical record entry, health care providers letter dated 20110512 , which inhibits your ability to conduct physical training, road marches, martial arts training, and which placed you in a limited duty status for six months.

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. The Applicant contends he warrants an H onorable discharge based on the complet ion of his obligated service.

Decision

Date: 20 1 3 0314 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 sta ndards of equity and propriety. The Applicant’s record of service included one retention warning for panic disorder and no misconduct resulting in non-judicial punishment or court-martial. On 22 June 2011 , the Applicant was diagnosed with Panic Disorder by a medical officer and recommended for administrative separation. The Applicant was subsequently administratively processed for separation by his command . When notified of a dministrative separation processing using the procedure, the Applicant waived rights to consult with a qualified counsel, submit a written statement, and request a General Court-Martial Convening Authority review .

: (Decisional) ( ) . The Applicant contends he warrants an Honorable discharge based on the completion of his obligated service. The Applicant did not complete his active obligated service and so assigning a characterization of service solely on his Proficiency and Conduct marks is not applicable. Rather, he was discharged prior to the end of his enlistment after a diagnosis of Panic Disorder and recommendation for discharge due to a Condition, Not a Disability. Per the Marine Corps Separation and Retirement Manual, characterization of service when discharged for this reason should be Honorable unless a General is warranted. The Applicant had no misconduct or other significant negative aspects of service that warranted a General discharge. Therefore, the NDRB voted to upgrade the Applicant’s characterization of service to Honorable. Relief granted.

The NDRB further determined the narrative reason for separation of Condition, Not a Disability is correct. The NDRB is not bound by VA decisions, nor do VA decisions have any bearing on the decisions of the NDRB. D ecisions reached by the U.S. Department of Veterans Affairs (VA) to determine if former servicemembers rate certain VA benefits do not affect previous discharge decisions made by the Marine Corps. The criteria used by the VA in determining whether a former servicemember is eligible for benefits are different than that used by the Marine Corps when determining a member’s discharge characterization.

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

NAVY | DRB | 2013_Navy | ND1300626

Original file (ND1300626.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20100713 - 20110620Active: Period of Service Under Review: Date of Current Enlistment: 20110621Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20110728Highest Rank/Rate:AALength of Service:Year(s)Month(s) 08 Day(s)Education Level:AFQT: 47EvaluationMarks:Performance:NOBBehavior:NOBOTA: NOBAwards and Decorations (per DD 214):NONEPeriods of...
USMC | DRB | 2012_Marine | MD1201736

Original file (MD1201736.rtf) Auto-classification: Denied

- 20120611:For your Panic Disorder without Agoraphobia - 20120614:For your Panic Disorder without Agoraphobia 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...
USMC | DRB | 2011_Marine | MD1101818

Original file (MD1101818.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)2041015 - 20050620Active: Period of Service Under Review: Date of Current Enlistment: 20050621Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20070811Highest Rank:Length of Service: Year(s)Month(s)21 Day(s)Education Level: AFQT:93MOS: 0651Proficiency/Conduct Marks (# of occasions):()/()Fitness Reports: Awards and Decorations (per DD...
USMC | DRB | 2013_Marine | MD1301864

Original file (MD1301864.rtf) Auto-classification: Denied

The Applicant’s service record documents completion of a deployment to Afghanistan from November 2010 to February 2011, in support of Operation ENDURING FREEDOM.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. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record...
USMC | DRB | 2012_Marine | MD1201312

Original file (MD1201312.rtf) Auto-classification: Denied

Based on the Applicant’s medical diagnosis, command administratively processed for separation. 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 .Since 15 years have elapsed since the date of his discharge, the Applicant is not eligible for a personal...
USMC | DRB | 2009_Marine | MD0901780

Original file (MD0901780.rtf) Auto-classification: Denied

However, 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 warning for his mental condition (Panic disorder without agoraphobia) that interferes with his duties, specifically, the inability to participate in rigorous exercises, conditioning hikes, and field duty.The Applicant’s record of service...
USMC | DRB | 2013_Marine | MD1301312

Original file (MD1301312.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The Applicant’s record of service included no 6105 counseling warnings and no misconduct resulting in nonjudicial punishment or court-martial.Based on the Applicant’s diagnosis of having a Personality Disorder, Not Otherwise Specified with Avoidant Features, command administratively processed for separation. ” Additional Reviews : After a document review has been conducted,...
USMC | DRB | 2013_Marine | MD1301661

Original file (MD1301661.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The Applicant wants a medical discharge. ” 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 | 2009_Marine | MD0900076

Original file (MD0900076.rtf) Auto-classification: Denied

Based on the factors enumerated above, the NDRB determined the Applicant was never diagnosed with service related PTSD by military medical personnel who had complete access to his complete medical record and accurate service history; his anxiety existed prior to entering the service and he was never found to be not responsible for his actions. Therefore, the Board determined the awarded discharge characterization was appropriate and an upgrade would be inappropriate.After a thorough review...
USMC | DRB | 2012_Marine | MD1200094

Original file (MD1200094.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...

Search Decisions

Decision Text

USMC | DRB | 2012_Marine | MD1201339

Similar Decisions