Search Decisions

Decision Text

USMC | DRB | 2012_Marine | MD1201841
Original file (MD1201841.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20120829
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: SECNAVINST 1620.6C ADMINISTRATION SEPARATION OF OFFICERS

Applicant’s Request:      Characterization change to:
         Narrative Reason change to: SUBSTANDARD PERFORMANCE
        
Summary of Service
Prior Service:
 Inactive: USN (ROTC)     20000925 - 20040709      Active: 

Period of Service Under Review:
 Date of Appointment : 20040710     Age:
Years Contracted : Indefinite
Date of Discharge: 2007 113 0       Highest Rank : 1STLT
Length of Service: 03 Year(s) 04 Month(s) 21 D ay(s)
Education Level:         AFQT: NFIR
Officer’s Fitness reports: Available
 Awards and Decorations ( per DD 214):      Rifle Pistol LOA

Periods of UA / CONF :

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

Administrative Corrections to the Applicant’s DD 214

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

         “ ”
        
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. Secretary of the Navy Instruction 1920.6C (ADMINISTRATIVE SEPARATION OF OFFICERS) effective 15 December 2005 until Present establishes policies, standards and procedures for the administrative separation of Navy and Marine Corps officers from the naval service in accordance with Title 10, United States Code and DoD Directive 1332.30 of 14 Mar 97.
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 was not an alcohol rehabilitation failure per Marine Corps Order (MCO) P 1700.24B .

Decision

Date: 20 1 3 0307            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 no misconduct resulting in nonjudicial punishment or court-martial. On 01 March 2007, the Applicant was diagnosed with alcohol dependence by competent medical authority and underwent i n patient treatment. On 31 May 2007, the Applicant was recommended to an after care program in which he failed to comply from 31 May 2007 to 11 June 2007. After being notified for administrative separation for substandard performance on 09 July 2007, the Applicant submitted his request for resignation for cause.

: (Decisional) ( ) . The Applicant contends he was not an alcohol rehabilitation failure per MCO P1700.24B. The Applicant further claims he was never medically determined to be an alcohol rehabilitation failure . He admits to missing part of his aftercare treatment but contends he continued the prescribed aftercare plan both before and after this missed period. The Applicant provided documentation with regards to his participation in his aftercare program. Pursuant to MCO P1700.24B , individuals who refuse to participate in their plan, or who are determined by a Licensed Independent Practitioner to have failed treatment, will be returned to their command and be processed for separation. The service record describes the Applicant being counseled several times regarding his noncompliance with his assigned aftercare program and his failure to comply with the aftercare program during the weeks of 31 May 2007 through 11 June 2007 . His failure to comply with the aftercare program during those weeks constitutes a refusal to participate , therefore, the NDRB determined the Applicant was properly discharged with a narrative reason of A lcohol R ehabilitation F ailure. 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

Similar Decisions

  • NAVY | DRB | 2012_Navy | ND1200307

    Original file (ND1200307.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. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.

  • NAVY | DRB | 2008_Navy | ND0801620

    Original file (ND0801620.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge. 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.

  • NAVY | DRB | 2010_Navy | ND1001115

    Original file (ND1001115.rtf) Auto-classification: Denied

    Given the statement of the arresting officer, the SARP determined that the incident did involve alcohol, was alcohol related, and did violate the terms of the Applicant’s aftercare program, OPNAVINST 5350.4D, and Article 1910-152 of the MILPERSMAN.Based on this alcohol-related incident, the command and the medical officers determined the Applicant to be an Alcohol Rehabilitation Treatment Failure; as such, processing for administrative separation was mandatory.9, the Applicant was notified...

  • NAVY | DRB | 2009_Navy | ND0902273

    Original file (ND0902273.rtf) Auto-classification: Denied

    Per the Applicant’s own statement on his DD Form 293, he stated, “When I came back from SARP in March of 05, I did make some of the aftercare aboard the ship.” The NDRB determined that the Applicant was an alcohol rehabilitation failure and his discharge was proper and warranted. 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...

  • NAVY | DRB | 2010_Navy | ND1001171

    Original file (ND1001171.rtf) Auto-classification: Denied

    Based on a detailed review of the Applicant’s discharge package and supporting documentation, coupled with a review of the medical records and alcohol treatment program documentation, the NDRB determined that the Applicant was an Alcohol Rehabilitation Treatment program failure, that processing for separation was mandatory, and that the discharge was proper as issued. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance...

  • NAVY | DRB | 2011_Navy | ND1100884

    Original file (ND1100884.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. 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...

  • NAVY | DRB | 2009_Navy | ND0901405

    Original file (ND0901405.rtf) Auto-classification: Denied

    Based on a review of the Applicant's record of service, the Board has made the following determinations: 1) there was sufficient evidence to separate the Applicant due to civilian conviction, 2) the commanding officer acted within his authority in discharging the Applicant prior to the expiration of his enlistment, and 3) an upgrade was not warranted based on the seriousness of the offense committed by the Applicant and his failure to comply with the aftercare program for alcohol...

  • NAVY | DRB | 2010_Navy | ND1001176

    Original file (ND1001176.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues Decisional issues: The Applicant contends that his discharge action for Alcohol Rehabilitation Failure was unjust in that he was not provided treatment or a continuum of proper care until after his second incident for which he was quickly discharged. On 06 July 2004, the Separation Authority determined that separation was warranted pursuant to Article 1910-152 and directed that...

  • NAVY | DRB | 2010_Navy | ND1000473

    Original file (ND1000473.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Nondecisional issues: The Applicant seeks an upgrade in his characterization of service at discharge in order to continue his education and to re-enter military service as an officer.2. Based on the arrest and conviction for the second DUI, the Applicant’s command determined that the Applicant was an Alcohol Treatment Failure in accordance with Article 1910-152 of the...

  • NAVY | DRB | 2011_Navy | ND1100919

    Original file (ND1100919.rtf) Auto-classification: Denied

    Also any member who fails to participate in, fails to follow, or fails to successfully complete any medically prescribed and command-approved aftercare plan is deemed an alcohol rehabilitation failure.After a detailed review of the documentary evidence, and the Applicant’s testimony, the NDRB determined that the Applicant did receive the proper treatment program as required by Naval Instruction; that he was determined to be a treatment failure due to his alcohol-related misconduct while in...