Upgrade.Vet

USMC | DRB | 2013_Marine | MD1300502

Original file (MD1300502.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20130104

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)       20030730 - 20040601     Active:          20040602 - 20040729 UNC
         USMCR (DEP)      20050825 - 20050828 COG

Period of Service Under Review:
Date of Current Enlistment: 20050829     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20090715      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 17 D a y ( s )
Education Level:        AFQT: 50
MOS: 3531
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle ( 2 )

Periods of UA : 20071126 - 20071130, 5 days / CONF :

NJP:

- 20080807 :      Article (Wrongful use, possession, etc. of controlled substances , to wit: Marijuana )
         Awarded : Susp ended:

SCM:     SPCM:    CC:

Retention Warning Counseling :

- 20060313 :      For your disregard for the rules and regulations that are set. O / a 20060225 violated DetO 1050.1C by staying on liberty past 2359 and disobeying the Company 1st Sergeant by not logging in/out of liberty log book .

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

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 seeks an upgrade for service benefits.
2.       The Applicant contends his drug use was an isolated incident, and he turned to marijuana to cope with suicidal ideations from his Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI) after returning from Iraq.

Decision

Date : 20 1 3 0206          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 and TBI, in accordance with U.S. Code, Title X, Section 1553 (d)(1), the NDRB 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. The Applicant’s service record documents a deployment to Iraq in support of Operation IRAQI FREEDOM (OIF) from 2006-2007 .

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 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 equi ty and propriety. The Applicant’s record of service included 6105 counseling warning and for o f the Uniform Code of Military Justice (UCMJ): Article ( Wrongful use, possession, etc, of controlled substances, marijuana, 1 specification) . The Applicant acknowledged complete understanding of the Marine Corps Policy Concerning Illegal Use of Drugs on 22 J uly 2005 . Based on the Article 112a violation , processing for administ rative separation is mandatory . When notified of a dministrative separation processing for Misconduct (Drug Abuse) and Misconduct (Serious Offense) using the procedure, the Applicant rights to consult with a qualified coun sel but waived his rights to submit a written statement and request an administrative board .

: (Nondecisional) The Applicant seeks an upgrade for 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.

Issue 2: (Decisional) (Propriety/Equity) RELIEF NOT WARRANTED. The Applicant contends his drug use was an isolated incident, and he turned to marijuana to cope with suicidal ideations from his PTSD and TBI after returning from Iraq. A review of the Applicant’s records reveals that he served in Al Anbar Province, Iraq from 2006 to 2007 in support of OIF. On 7 August 2008, the Applicant was found guilty of violating UCMJ Article 112a at NJP. On 27 March 2009, competent medical authority diagnosed the Applicant with PTSD with associated panic attacks, cognitive disorder from TBI by history, and major depression with a history of psychotic features. In a 15 May 2009 recommendation from the Applicant’s commanding officer concerning the administrative separation of the Applicant, he stated, “Lance Corporal [Applicant] was subject to a previous administrative separation for using drugs and since then he has been implicated in two more serious cases of misconduct. The first case involves selling illegal drugs to Marines. During an investigation into illegal drug use by other Marines in this battalion, the Naval Criminal Investigative Service received two sworn statements that Lance Corporal [Applicant] had sold illegal drugs on numerous occasions to at least two Marines in this battalion. The second case involves numerous false official statements. A command investigation found that Lance Corporal [Applicant] made several false official statements about his experiences while deployed. In his post-deployment health assessment surveys, Lance Corporal [Applicant] stated that he did not engage in direct combat where he discharged his weapon, nor was he injured in any way. Written statements from other members of his unit concur with these accounts. However, Lance Corporal [Applicant] later told his medical providers that he

had shot a small child and that he had been involved in an Improvised Explosive Device (IED) blast. Finally, Lance Corporal [Applicant] stated that he was on site and assisted in the removal of the remains when a member of this command was killed in action. The investigation found that Lance Corporal [Applicant] never fired his weapon in combat, was never involved in an IED blast, and was not in the vicinity when the member of his battery was killed.”

Despite a servicemember’s prior record of service, certain serious offenses, even though isolated, warrant separation from the to maintain proper order and discipline. Violation of Article 112a is one such offense requiring mandatory processing for administrative separation regardless of grade, performance, deployments, or time in service. This usually results in an unfavorable characterization of discharge or, at a maximum, a punitive discharge and possible confinement if adjudicated and awarded as part of a sentence by a special or general court-martial. The Applicant was found guilty of violation of Article 112a. However, his command did not pursue a punitive discharge but opted instead for the more lenient administrative discharge. After a complete review of the Applicant’s service and medical records and the facts and circumstances unique to this case, the NDRB determined PTSD, TBI, and depression did not mitigate his misconduct . The NDRB found the characterization of the Applicant’s discharge was equitable and consistent with the characterization of discharge given others in similar circumstances. 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

USMC | DRB | 2012_Marine | MD1200716

Original file (MD1200716.rtf) Auto-classification: Denied

The NDRB determined that the evidence of record did establish the basis for discharge and that the Separation Authority actions were proper. After a careful review of the Applicant’s combat deployment history, in-service mental health issues, diagnosed PTSD, and the unique issues related to this discharge action, the NDRB determined the Applicant’s PTSD and associated symptoms were mitigating and contributory factors to his misconduct of record and that some form of relief was...
USMC | DRB | 2014_Marine | MD1400152

Original file (MD1400152.rtf) Auto-classification: Denied

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.Issue 2: (Decisional) (Propriety/Equity) RELIEF NOT WARRANTED. ” 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...
USMC | DRB | 2012_Marine | MD1201040

Original file (MD1201040.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: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...
USMC | DRB | 2015_Marine | MD1401658

Original file (MD1401658.rtf) Auto-classification: Denied

The Board determined that the documentation submitted by the Applicant does not warrant relief. ” 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. 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...
USMC | DRB | 2010_Marine | MD1000069

Original file (MD1000069.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: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...
USMC | DRB | 2010_Marine | MD1000431

Original file (MD1000431.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)19990115 - 19990125Active:19990126 - 2003050320030504 - 20070715 Period of Service Under Review: Date of Current Enlistment: 20070716Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20081201Highest Rank: (Meritoriously)Length of Service: Year(s)Month(s)16 Day(s)Education Level: AFQT:66MOS: 0121 / 0351 / 0368 / 0918 Fitness Reports: Awards and...
USMC | DRB | 2012_Marine | MD1200949

Original file (MD1200949.rtf) Auto-classification: Denied

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 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. ADDENDUM: Information for the Applicant Complaint Procedures : If you believe the...
USMC | DRB | 2006_Marine | MD0600062

Original file (MD0600062.rtf) Auto-classification: Denied

The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). Commanding Officer’s comments: “On 17 October 2001, Lance Corporal G_ (Applicant) as given an opportunity to serve in the United States Marine Corps under a Drug Use and Abuse waiver. When the service of a member of the U.S. Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable.
USMC | DRB | 2015_Marine | MD1400955

Original file (MD1400955.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The Separation Authority subsequently discharged the Applicant UNDER OTHER THAN HONORABLE conditions. ” 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.
USMC | DRB | 2015_Marine | MD1500333

Original file (MD1500333.rtf) Auto-classification: Denied

The Applicant desires characterization of discharge upgraded to honorable and a change in narrative reason from drug abuse to misconduct in order to obtain educational benefits. ” 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...

Search Decisions

Decision Text

USMC | DRB | 2013_Marine | MD1300502

Similar Decisions