Upgrade.Vet

USMC | DRB | 2012_Marine | MD1201651

Original file (MD1201651.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20120726

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)       20030303 - 20030921     Active:

Period of Service Under Review:
Date of Current Enlistment: 20030922     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20060811      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 21 D a y ( s )
Education Level:        AFQT: 50
MOS: 0121
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle LoA

Periods of UA / CONF :

NJP:    SCM:    SPCM: CC:     Retention Warning Counseling :

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. The Marine Corps Separation and Retirement Manual (MCO P1900.16F), effective 1 September 2001 until Present, Paragraph 6207, HOMOSEXUAL CONDUCT .

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 the repeal of the “ D on’t A sk, D on’t T ell” (DADT) policy warrants consideration for an upgrade of his discharge to Honorable, change of narrative reason for separation to Secretarial Authority, change of separation code to JFF 1 , and a change of reentry (RE) code to RE - 1 A .

Decision

Date : 20 1 3 05 09 Location: Washington D.C . R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall .
By a vote of the Reenlistment Code shall A .
By a vote of the Separation Code shall JFF 1

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 no misconduct and a substantiated investigation for Homosexual Admission. Based on the Homosexual Admission , 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 and submit a written statement .

: (Decisional) ( ) . The Applicant contends the repeal of the DADT policy warrants consideration for an upgrade of his discharge to Honorable, change of narrative reason for separation to Secretarial Authority, change of separation code to JFF1, and a change of reentry (RE) code to RE-1A. Effective 20 September 2011, the Under Secretary of Defense issued a Memorandum directing the Secretaries of Military Departments to grant considerations from service members previously discharged under the DADT policy . Given the specific directions of the Memorandum and the Applicant’s record of service, which included no misconduct or other significant negative aspects of service, the NDRB determined a change of his characterization of service to Honorable , a change to his narrative reason for separation to Secretarial Authority, a change to his separation code to JFF1, and a change to his reentry code to RE-1A is warranted. Relief granted.

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 the discharge was proper and equitable at the time of discharge. However, based on change s to Department of Defense policy , the awarded characterization of service shall , the narrative reason for separation shall change to , the separation code shall change to JFF 1 , and the reentry code shall change to RE - 1 A . 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 | 2014_Navy | ND1400811

Original file (ND1400811.rtf) Auto-classification: Denied

In accordance with the 20 September 2011 Under Secretary of Defense (Personnel and Readiness) memorandum regarding the repeal of the DADT law, service discharge review boards should normally grant requests to change the narrative reason for discharge wherein Homosexual Conduct was the only basis for discharge. As Homosexual Admission was the only basis for discharge, the NDRB voted to change the Narrative Reason for Separation to Secretarial Authority. ” Additional Reviews : After a...
NAVY | DRB | 2012_Navy | ND1201745

Original file (ND1201745.rtf) Auto-classification: Denied

Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall .By a vote of the Reenlistment Code 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 governmental affairs unless there is substantial credible evidence...
USMC | DRB | 2013_Marine | MD1301306

Original file (MD1301306.rtf) Auto-classification: Denied

Subsequently, an administrative board voted 3-0 that the preponderance of the evidence supported the Applicant’s Homosexual Admission and recommended she be separated with an Uncharacterized characterization. Given the lack of any misconduct or derogatory counseling entries in the Applicant’s service record and her being notified solely for separation due to homosexual admission, the NDRB determined that the relief, as requested, is warranted. ” Additional Reviews : After a document review...
USMC | DRB | 2012_Marine | MD1201893

Original file (MD1201893.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to:MBK2 VOLUNTARY RELEASE / EXPIRATION OF TERM OF SERVICE Summary of Service Prior Service: Inactive:USMCR (DEP)19940804 - 19950716Active: Period of Service Under Review: Date of Current Enlistment: 19950717Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:19990303Highest Rank:Length of Service: Year(s)Month(s)17 Day(s)Education Level: AFQT:59MOS: 3381Proficiency/Conduct Marks (# of...
USMC | DRB | 2015_Marine | MD1500430

Original file (MD1500430.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. However, based on the repeal of DADT policy, the awarded characterization of service shall remain UNCHARACTERIZED and the narrative reason for separation shall change to ; with a corresponding SPD code of JFF and the authority for discharge shall change to MILPERSMAN 1910-164. ” Additional Reviews : After a document review has been conducted, former members are eligible for a...
USMC | DRB | 2012_Marine | MD1201783

Original file (MD1201783.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Reentry Code change to: Summary of Service Prior Service: Inactive:Active: Period of Service Under Review: Date of Current Enlistment: 19990823Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20030421Highest Rank:Length of Service: Inactive: Year(s)Month(s)04 Day(s) Active: Year(s)Month(s)66 Day(s)Education Level: AFQT:86MOS: 2531Proficiency/Conduct Marks (# of occasions):()/()Fitness Reports:...
NAVY | DRB | 2015_Navy | ND1501190

Original file (ND1501190.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/To Congress member: Pertinent Regulation/Law A. In accordance with the...
USMC | DRB | 2013_Marine | MD1301187

Original file (MD1301187.rtf) Auto-classification: Denied

Narrative Reason for Separation: In accordance with the 20 September 2011 Under Secretary of Defense (Personnel and Readiness) memorandum regarding the repeal of the “Don’t Ask, Don’t Tell” law, service discharge review boards should normally grant requests to change the narrative reason for discharge wherein Homosexual Admission was the only basis for discharge. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, service...
USMC | DRB | 2015_Marine | MD1501093

Original file (MD1501093.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. In accordance with the 20 September 2011 Under Secretary of Defense (Personnel and Readiness) memorandum regarding the repeal of the “Don’t Ask, Don’t Tell” law, service discharge review boards should normally grant requests to change the narrative reason for discharge wherein Homosexual Admission was the only basis for discharge. ” Additional Reviews : After a document...
NAVY | DRB | 2014_Navy | ND1400941

Original file (ND1400941.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends her narrative reason and associated separations code for discharge should be changed from “Homosexual Conduct” to “Secretarial Authority” due to the repeal of the “Don’t ask, Don’t Tell” (DADT) policy.2. In accordance with the 20 September 2011 Under Secretary of Defense (Personnel and Readiness) memorandum regarding the repeal of the “Don’t Ask, Don’t...

Search Decisions

Decision Text

USMC | DRB | 2012_Marine | MD1201651

Similar Decisions