Upgrade.Vet

USMC | DRB | 2012_Marine | MD1201802

Original file (MD1201802.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20120823

Characterization of Service Received:

Narrative Reason for Discharge: NONRETENTION ON ACTIVE DUTY

Authority for Discharge: MARCORSEPMAN 6412 NONRETENTION ON ACTIVE DUTY

Applicant’s Request:      Characterization change to:
         Narrative Reason change to:

Summary of Service

Prior Service:
Inactive:         USMCR (DEP)       19890121 - 19890326     Active: USMC 1 9890327 -19930319 HON
                                    19940801 - 19980615 HON


Period of Service Under Review:
Date of Current Enlistment: 19980616     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20030615      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 30 D a y ( s )
Education Level:        AFQT: 50
MOS: 3043
Fitness Reports:

Awards and Decorations ( per DD 214):      Rifle (2) (4) (SAUDI ARABIA) (2) MM (3) LoA

Periods of UA / CONF :

NJP:     SCM:     SPCM:    CC:

Retention Warning Counseling:

- 19990309 :      For conduct prejudicial to good order and discipline, not setting the good example as an NCO, lack of military presence. Specifically on 19990922 , you failed to notify the section of your whereabouts when you were gone for an extended period of time during working hours. In addition, on 19990224 you changed into civilian attire when you felt it was appropriate and secured without checking with your SNCOIC or OIC to determine if the daily mission was accomplished. Lastly, you were counseled on 19990128, that working hours are set by the OIC, and you would not change out of your un iform unless told to do so.

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:                  Other Documentation:
                  Additional Statements:
         From Applicant:          From/To Representation:          From/To Congress member:

DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

1. The Applicant wants her s eparation c ode changed so she can join the National Guard .

Decision

Date: 20 1 30307 Location: Washington D.C . R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall NONRETENTION ON ACTIVE DUTY .

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 warning . S he was not allowed to reenlist upon the completion of her contract .

: (Non - decisional) The Applicant wants her s eparation c ode changed so she can join the National Guard. The NDRB has no authority to change a separation code regardless of whether it is for reenlistment or employment purposes. Since the NDRB has no authority to change a separation code, this issue does not serve to provide a foundation upon which the Board can grant relief. Regulations limit the NDRB’s review solely to a determination of the propriety and the equity of a discharge. The Applicant was issued the proper separation code that corresponded to the narrative reason for her discharge from active service. Her reenlistment code of RE-1B means “recommended, eligible and requested retention but denied retention by Commandant of the Marine Corps” and is assigned for corporals, sergeants, and staff sergeants with satisfactory performance records released at the end of their active service.

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 Board for Correction of Naval Records 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.

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 NONRETENTION ON ACTIVE DUTY . 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.

Pertinent Regulation/Law

A. The Marine Corps Separation and Retirement Manual, (MCO P1600.19F), effective 01 September 2001 until Present, Paragraph 6412, NOT SELECTED FOR PROMOTION TO STAFF SERGEANT .

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 .

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 | MD0901526

Original file (MD0901526.rtf) Auto-classification: Denied

[Not available for signature] 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: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements:From Applicant:From Representation:From Congress member:Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE...
USMC | DRB | 2003_Marine | MD03-00773

Original file (MD03-00773.rtf) Auto-classification: Denied

The Applicant requests the reason for the discharge be changed to “EOE.” The Applicant requests a documentary record discharge review. PART I - APPLICANT’S ISSUES AND DOCUMENTATION This was one isolated incident in 12 years and 3 months of active duty service.
USMC | DRB | 2013_Marine | MD1300568

Original file (MD1300568.rtf) Auto-classification: Denied

The Applicant contends her post-service conduct warrants an upgrade. The Separation Authority did not suspend the separation and separated the Applicant Under Other Than Honorable Conditions for Misconduct (Drug Abuse). ” 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.
NAVY | DRB | 2007_Navy | ND0700226

Original file (ND0700226.rtf) Auto-classification: Denied

Date Applicant Responded to Notification:20030812 Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) Administrative Board GCMCA review Separation Authority (date): COMMANDING OFFICER, CENTER OF CRYPTLOGY, CORRY STATION, PENSACOLA (20030909)Reason for discharge directed: - Characterization directed: Date Applicant Discharged: 20031027 Types of Documents Submitted by Applicant and Considered By BoardRelated to Military Service: Service...
NAVY | DRB | 2010_Navy | ND1002190

Original file (ND1002190.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20020404 - 20020610Active: Period of Service Under Review: Date of Current Enlistment: 20020611Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20040916Highest Rank/Rate:SNLength of Service: Year(s)Month(s)06 Day(s)Education Level:AFQT: NFIREvaluationMarks:Performance:3.0(2)Behavior:2.5(2)OTA: 2.83Awards and Decorations (per DD 214):Periods of...
USMC | DRB | 2011_Marine | MD1101614

Original file (MD1101614.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. Relief denied.Summary: After...
NAVY | DRB | 2011_Navy | ND1101463

Original file (ND1101463.rtf) Auto-classification: Denied

” 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. 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. Additionally, the NDRB has no authority to upgrade a...
USMC | DRB | 2014_Marine | MD1401475

Original file (MD1401475.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. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits and this issue does not serve to...
USMC | DRB | 2011_Marine | MD1102089

Original file (MD1102089.rtf) Auto-classification: Denied

Therefore, the NDRB determined that the characterization of service should be upgraded to Honorable and the narrative reason for separation should change to Secretarial Authority. Relief granted.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, the administrative separation process, and the Applicant’s personal testimony during Board proceedings, the Board found the discharge was inequitable at the time of discharge. ...
NAVY | DRB | 2009_Navy | ND0900889

Original file (ND0900889.rtf) Auto-classification: Denied

” 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 ofthe Applicant’sdate of discharge. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy...

Search Decisions

Decision Text

USMC | DRB | 2012_Marine | MD1201802

Similar Decisions