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USMC | DRB | 2013_Marine | MD1300422
Original file (MD1300422.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20121218
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)       20070430 - 20070610     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20070611     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20100107      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 27 D a y ( s )
Education Level:        AFQT: 47
MOS: 0612
Proficiency/Conduct M arks (# of occasions): /          Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle

NJP:

- 20080902 :       Article (Failure to obey order or regulation by wrongfully consuming alcohol under the legal drinking age)
         Awarded: Suspended: Suspension vacated 20081030

- 20081018 :      Article (Failure to obey order or regulation by wrongfully consuming alcohol while in a restricted liberty status)
         Awarded: Suspended: Suspension vacated 20090407
- 20090408 :       Article (Failure to obey order or regulation by operating a motor vehicle with a BAC of .20)
         Awarded: Suspended:

- 20090514 :      Article (General A rticle , 3 specifications )
         Specification 1: On 0900 to 1236, 20090502 fail to check in with OOD at the designated times on his restriction muster record
         Specification 2: On 0705, 20090510 f ail to check in with OOD at the designated times on his restriction muster record
         Specification 3: Consume alcohol while in a restricted status
          Awarded: Suspended:

SCM:

- 20090716 :       Art icle (Absence without leave)
         Art icle (Disrespect toward a superior commissioned officer)
         Art icle (Failure to obey order or regulation)
         Art icle (General A rticle - restriction violation)
          Sentence : (20090717 - 20090808, 23 days)

SPCM:    CC:

Retention Warning Counseling : 4

- 2 0080902 :       For misconduct. Specifically , violated MCO 1700.22e , by wrongfully consuming alcohol while under the legal drinking age.

- 20081018 :       For misconduct. Specifically , by wrongfully consuming alcohol while in a restricted liberty status.

- 20090408 :       For misconduct. Specifically , by wrongfully operating a vehicle w ith a BAC of .20.

- 20090514 :       For failing to check in with OOD at the designated times on restricted muster record on 0900 to 1236, 20090502 and 0705, 20090510 and consuming alcohol while in a restricted status.

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. Paragraph 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective
1 September 2001 until Present.

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 his P ost- T raumatic S tress D isorder (PTSD) led to his misconduct.

Decision

 Date: 20 1 3 0411            Location: Washington D.C .         R epresentation :

By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall .

Discussion

 As a result of the Applicant’s claim of PTSD, in accordance with U.S. Code, Title X, Section 1553 (d)(1), the Naval Discharge Review Board included a member who is a physician, clinical psychologist, or psychiatrist. In accordance with section 1553 (d)(2), the service secretary expedited a final decision and accorded the case sufficient priority to achieve an expedited resolution. T he Applicant contends he received a post-service diagnosis of PTSD . The Applicant’s service record docume nts completion of a deployment aboard USS IWO JIMA from August 2008 to March 2009.

 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 6105 counseling warnings, for o f the Uniform Code of Military Justice (UCMJ): Article (Failure to obey order or regulation, 3 specifications : Specification 1: W rongfully consuming alcohol under age, Specification 2: W rongfully consuming alcohol while in a restricted liberty status, and Specification 3: O perating a motor vehicle with a BAC of .20) and Article (General A rticle, 3 specifications : Specification s 1-2: F ail to check in with OOD at the designated times on his restriction muster record and Specification 3: C onsume alcohol while in a restricted status ), and Summary Court-Martial for of the UCMJ: Article (Absence without leave) , Article (Disrespect toward a superior commissioned officer) , Article (Failure to obey order or regulation) , and Article (General A rticle , restriction violation) . Based on the offenses committed by the Applicant, command administratively processed for separation. 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 an administrative board .

: (Decisional) ( ) . The Applicant contends his PTSD led to his misconduct. The Applicant further contends that he was not in any trouble prior to his depl oyment. The Applicant provided on e page of a five - page printout that discusses PTSD causes and effects and states at the top that he has PTSD. It appears this printout was generated after a visit to the Emergency Room for acute alcohol intoxication and lacerations . No specifics are provided concerning the PTSD diagnosis. According to the Commanding Officer, 2d Battalion, 6 th Marine Regiment letter dated 06 June 2009, the Applicant did not enter Iraq or Afghanistan during his deployment and did not participate in any combat operations. Furthermore, the Applicant’s record does not document any attempts to seek help for any combat stress-related symptoms while in service. Additionally, there is no evidence in either the Applicant’s service record or the documentation he provided that demonstrated any problems or symptoms manifesting during his enlistment from his deployment aboard the USS IWO JIMA . Lacking any evidence of PTSD, the NDRB is unable to establish this contention as a basis for mitigation or consideration as an extenuating circumstance. In addition, the record clearly shows the Applicant did not enter Iraq or Afghanistan and did not participate in any combat operations. The NDRB determined the Applicant demonstrated a willful pattern of misconduct throughout his career, to include misconduct during the Applicant ’s pre-deployment leave as well as in an initial liberty port while in Bahrain. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. R elief 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

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