Upgrade.Vet

USMC | DRB | 2012_Marine | MD1201817

Original file (MD1201817.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20120821

Characterization of Service Received:

Narrative Reason for Discharge: COMPLETION OF REQUIRED ACTIVE SERVICE

Authority for Discharge: MARCORSEPMAN

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

Summary of Service

Prior Service:
Inactive:         US AFR (DEP)       20020124 - 20020520     Active:          2002052 1 - 20021127
         USMCR (DEP)       200 3 0329 - 20040328                        20040329 - 20070930

Period of Service Under Review:
Date of Current Enlistment: 20071001     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20120331      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 00 D a y ( s )
Education Level:        AFQT: 56
MOS: 0111
Fitness R eports:

Awards and Decorations ( per DD 214):      (2) (2) (3) LoA (3) MM CoA (2) CoC (3)

Periods of UA / CONF :

NJP:

- 20090422 :       Article 80 (Attempts, did on or about from 200806-200812 engage in an inappropriate relationship with CWO2 R_ , a relationship that was an attempt to lead toward adultery as evidenced in the investigation )
         Article ( Provoking speeches or gestures , did on or about from June 2008-December 2008 provoke an inappropriate relationship with CWO R_ as evidenced in the investigation )
         Article (General A rticle, indecent acts , 2 specifications )
         Specification 1: Did on or about from 200806-200812 commit indecent acts by sending sexual explicit pictures of herself to CWO2 R_ via I nternet
         Specification 2: Did on or about from 200806-200812 engage in an inappropriate relationship with CWO2 R_ , a relationship that was prejudice to good order and discipline
         Awarded: Suspended:

- 20101221 :      Article (Wrongful use, possession, etc. of controlled substances)
         Awarded: Suspended:

SCM:     S PCM:    CC:

Retention Warning Counseling :

- 20101227 :       For violation of Article 112a of the UCMJ , W rongful use of a controlled substance, that substance being D-amphetamine.

Administrative Corrections to the Applicant’s DD 214

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

         “ 2004 03 29 ”
         “ 08 00 03 ”
         Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, should read: “ NAVY AND MARINE CORPS ACHIEVEMENT MEDAL, GOOD CONDUCT MEDAL, GLOBAL WAR ON TERRORISM SERVICE MEDAL, NAVY UNIT COMMENDATION (2), SEA SERVICE DEPLOYMENT RIBBON (2), IRAQ CAMPAIGN MEDAL (3), NATIONAL DEFENSE SERVICE MEDAL, LETTER OF APPRECIATION (3) , MERITORIOUS MAST, CERTIFICATE OF APPRECIATION (2) , CERTIFICATE OF COMMENDATION (3), RIFLE EXPERT BADGE, PISTOL MARKSMANSHIP BADGE ”
         “ COMPLETION OF REQUIRED ACTIVE SERVICE ”

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 to change her reentry (RE) code to RE-1.

Decision

Date : 20 1 3 0606 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 6105 counseling warning and for o f the Uniform Code of Military Justice (UCMJ): Article 112a ( Wrongful use, possession, etc. of controlled substances), Article 80 (Attempts), Article 11 7 (Provoking speeches or gestures ) , and Article 134 (General A rticle , 2 specifications). The Applicant was notified of administrative separation processing for violation of A rticle 112a and e xercised her rights to consult with a qualified counsel, submit a written statement, and request an administrative board . On 23 May 2011, an administrative separation board voted to suspend a General (Under Honorable Conditions) discharge for 12 months. The Applicant reached the end of her enlistment and was discharged on 31 March 2012 with an Honorable characterization of service for Completion of Required Active Service .

: (Nondecisional) The Applicant wants to change her reentry (RE) code to RE-1. 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 B oard 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.

It should be noted that the NDRB concurs with the assignment of an RE-4B reentry code upon the completion of the Applicant’s required active service. RE-4B is appropriate when there is a military or civil record of in-service illegal drug involvement, and there is no potential for further service. The Applicant met this requirement with her finding of guilt at NJP for violating UCMJ Article 112a on 21 December 2010, which was in addition to an NJP in April 2009 for violating UCMJ Articles 80, 117, and 134. On 28 March 2012, the Applicant signed a counseling sheet acknowledging that she would receive an Honorable characterization of service with an RE-4B reentry code.

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 COMPLETION OF REQUIRED ACTIVE SERVICE . 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 | 2011_Navy | ND1100604

Original file (ND1100604.rtf) Auto-classification: Denied

The Applicant’s record of service during her enlistment period reflects one NAVPERS 1070/613 retention-counseling warning being issued. Furthermore, the Applicant’s service record documents four nonjudicial punishments (NJPs) for violations of the Uniform Code of Military Justice (UCMJ), specifically: Article 86 (Absent without leave, 4 specifications of unauthorized absence); Article 87 (Missing movement); Article 89 (Disrespect toward a superior commissioned officer); Article 91...
NAVY | DRB | 2010_Navy | ND1001244

Original file (ND1001244.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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...
USMC | DRB | 2013_Marine | MD1300663

Original file (MD1300663.rtf) Auto-classification: Denied

While some members may be less mature than others, the NDRB does not view a member’s claim of immaturity to be a mitigating factor or a sufficient reason 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...
NAVY | DRB | 2013_Navy | ND1301593

Original file (ND1301593.rtf) Auto-classification: Denied

Regulations limit the NDRB’s review solely to a determination of the propriety and the equity of a discharge.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entriesand 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...
NAVY | DRB | 2011_Navy | ND1100779

Original file (ND1100779.rtf) Auto-classification: Denied

The Applicant appeared before an Administrative Separation Board (ASB) on 09 July 2001. ” 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.
NAVY | DRB | 2010_Navy | ND1002294

Original file (ND1002294.rtf) Auto-classification: Denied

He could have provided documentation as specified in the Post-Service Conduct paragraph in the Addendum , however, 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. ” Additional Reviews : After a document review has been...
NAVY | DRB | 2012_Navy | ND1200374

Original file (ND1200374.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks an upgrade to enhance employment opportunities.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...
NAVY | DRB | 2013_Navy | ND1300210

Original file (ND1300210.rtf) Auto-classification: Denied

Representation: 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 governmental affairs unless there is substantial credible evidence to rebut the presumption, to include...
USMC | DRB | 2010_Marine | MD1002025

Original file (MD1002025.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1.The Applicant contends there is no basis in statute or regulation for him to have been retired with an OTH. By a vote of the Narrative Reason shall SUFFICIENT SERVICE FOR RETIREMENT.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...
USMC | DRB | 2012_Marine | MD1201065

Original file (MD1201065.rtf) Auto-classification: Denied

Although she was administratively processed for separation with the possibility of receiving an Under Other Than Honorable Conditions characterization of service, her commanding officer recommended she receive a General discharge. 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...

Search Decisions

Decision Text

USMC | DRB | 2012_Marine | MD1201817

Similar Decisions