Docket No. MD13-00523

 

ex-LCpl, USMC
CURRENT DISCHARGE AND APPLICANT’S REQUEST

Application Received: 20130111

Characterization of Service Received: (per DD 214) GENERAL (UNDER HONORABLE CONDITIONS)
Narrative Reason for Discharge: (corrected) MISCONDUCT

Authority for Discharge: (corrected) MARCORSEPMAN 6210.6 [COMMISSION OF A SERIOUS OFFENSE]

Applicant’s Request: Characterization change to: HONORABLE
Narrative Reason change to: NONE REQUESTED

SUMMARY OF SERVICE
Prior Service:
Inactive: USMCR (DEP) 19990527 - 19990926 COG Active: NONE
Period of Service Under Review:
Date of Current Enlistment: 19990927 Age at Enlistment: 19
Period of Enlistment: 4 Years 0 Months
Date of Discharge: 20050526 Highest Rank: SERGEANT
Length of Service: 05 Years 08 Months 00 Days
Education Level: 12 AFQT: 73
MOS: 0351

Fitness Reports: AVAILABLE

Awards and Decorations (per DD 214): Rifle MM Pistol MM NMCAM GCM GWOTEM GWOTSM KDSM SSDR (2)
NDSM MUC CoC (3)

Periods of UA: NONE

NIP: NONE SCM: NONE CC; NONE Retention Warming Counseling: NONE
SPCM: 1

- 20050427: Article 92 (Failure to obey order or regulation)
Article 93 (Cruelty and maltreatment, 3 specifications)
Article 128 (Assault, 4 specifications)
Sentence: CONF 30 days (20050427-20050509, 13 days) RIR E-3

ADMINISTRATIVE CORRECTIONS TO THE APPLICANT’S DD 214
The NDRB did note administrative error(s) on the original DD Form 214:

Block 12a, Date Entered AD This Period, should read: “1999 09 27”

Block 12c¢, Net Active Service This Period, should read: “05 07 17”

Block 25, Separation Authority, should read: “MARCORSEPMAN 6210.6”
Block 28, Narrative Reason for Separation, should read: “MISCONDUCT”

The NDRB will recommend to the Commandant of the Marine Corps that the DD 214 be corrected as appropriate.

Key: NFIR - Not found in record RESTR - Restriction NIP - Nonjudicial punishment SCM - Summary court-martial
SPCM - Special court-martial. FOP - Forfeiture of pay RIR - Reduction in rank EPD - Extra duties
COMF - Confinement CC - Civilian conviction CCU - Correctional Custody Unit CBW - Confinement on bread and water
Docket No, MD13-06523
TYPES OF DOCUMENTS SUBMITTED/REVIEWED

Related to Military Service:

DD 214: x Service/Medical Record: Other Records: Cl
Related to Post-Service Period:

Employment: iz Finances: oO Education/Training: [|

Health/Medical Records: [(]. Rehabilitation/Treatment: [] Criminal Records: C]

Personal Documentation: [[] Community Service: EI References: CF

Department of VA letter: (_] Other Documentation: []

Additional Statements: ‘
From Applicant: CO Fron/To Representation: [[] From/To Congress member: C]

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 $420.174D of 22 December 2004, Naval Discharge Review Beard (NDRB) Procedures
‘ and Standards, Part IJ, Para 211, Regularity of Government Affairs, Part V, Para 502, Propriety and Para 503, Equity.

C. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction
by a special or general court-martial for violation of the UCMJ, Articles 92, 93, and 128.

Key: NFIR - Not found in record RESTR - Restriction NIP - Nonjudicial punishment SCM - Summary court-martial
SPCM - Special court-martial FOP - Forfeiture of pay RER - Reduction in rank EPD - Extra duties
COMF - Confinement CC - Civilian conviction CCU - Correctional Custody Unit CBW - Confinement on bread and water
. Docket No. MD13-00523
eee Docket No. MD13-00523
DEPARTMENT OF THE NAVY

NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

APPLICANT’S ISSUES

1. The Applicant contends his in-service performance and conduct are worthy of consideration for an upgrade.

2. The Applicant contends he was denied due process by being denied the ability to submit clemency matters to the
Convening Authority prior to being administratively separated.

3. The Applicant contends he was improperly separated for misconduct under 6210.8 of the Marine Corps Separation and

Retirement Manual (MARCORSEPMAN).
4. The Applicant contends his post-service accomplishments and conduct are worthy of consideration for an upgrade.

DECISION
Date: 20131016 DOCUMENTARY REVIEW Location: WASHINGTON D.C. _ Representation: Civilian Counsel

By a vote of 5-0 the Characterization shall remain GENERAL (UNDER HONORABLE CONDITIONS).
By a vote of 5-0 the Narrative Reason shall remain MISCONDUCT.

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 evidence submitted by the Applicant. The Board did complete a thorough review of the circumstances that led to his
discharge and the discharge process to ensure his discharge met the pertinent standards of equity and propriety. The
Applicant’s record of service included one special court-martial (SPCM) for violations of the UCMJ: Article 92 (Failure to
obey order and regulation), Article 93 (Cruelty and maltreatment, 3 specifications), and Article 128 (Assault, 4 specifications).
Based on the offenses committed by the Applicant, his command administratively processed him for separation. The NDRB
did not have the Applicant’s complete administrative separation package to determine whether or not the Applicant waived his
rights fo consult with a qualified counsel, submit a written statement, and request an administrative board. However, per the
Applicant’s statement and separation code of HKQ1 on his DD Form 214, the Applicant waived his right to appear before an
administrative board.

Issue 1: (Decisional) (Propriety/Equity) RELIEF NOT WARRANTED. The Applicant contends his in-service performance
and conduct are worthy of consideration for an upgrade. The Applicant submitted numerous documents and cited numerous in-
service achievements in support of this contention. The characterization of service is determined by the quality of the member’s
total performance of duty and conduct during the current enlistment, including the reason for separation. Other considerations
shall be given to the member’s length of service, grade, aptitude, and physical and mental condition. Based on the Applicant’s
record of service, the NDRB determined the Applicant’s service was honest and faithful but significant negative aspects of his
conduct or performance of duty outweighed the positive aspects of his service record, and the awarded characterization of
service was warranted. Relief denied.

Issue 2: (Decisional) (Propriety/Equity) RELIEF NOT WARRANTED. The Applicant contends he was denied due process
by being denied the ability to submit clemency matters to the Convening Authority prior to being administratively separated.
Administrative discharge processing is administrative in nature and a separate and distinct process from punitive proceedings
such as NJP or court-martial. As such, the Applicant’s contention that he was denied the ability to timely submit his request for
clemency following his Special Court-Martial did not affect the propriety or equity of the administrative discharge.
Furthermore, the Applicant was provided the opportunity to present his case before an administrative board, but he waived that
right, thus accepting the discharge recommended in the letter of notification. Relief denied.

Issue 3: (Decisional) (Propriety) RELIEF NOT WARRANTED. The Applicant contends he was improperly separated for
misconduct under 6210.8 of the MARCORSEPMAN. The NDRB concurs that Block 25 on the Applicant’s DD Form 214 is
incorrect and should read, “MARCORSEPMAN 6210.6,” which is appropriate for commission of a serious offense. The
NDRB will recommend to the Commandant of the Marine Corps that his DD Form 214 be revised. This administrative error,
however, does not affect the propriety or equity of the Applicant’s discharge. Relief denied.
Docket No. MD13-00523
eee Docket No, MD 13-00523

Issue 4: (Decisional) (Equity) RELIEF NOT WARRANTED. The Applicant contends his post-service accomplishments and
conduct are worthy of consideration for an upgrade. The NDRB considers 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. The Applicant provided multiple post-service documents that included a personal statement; four
character references; and multiple certifications, letters of commendation, and letters of appreciation for his work as an
Emergency Medical Technician. Completion of these items alone does not guarantee an upgrade from an unfavorable
discharge as each discharge is reviewed by the Board on a case by case basis to determine if post-service conduct establishes

that the in-service misconduct was an aberration. The Board determined the characterization of service received was
appropriate considering the length of service and UCM] violations. Relief denied.

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, service record
entries, and discharge process, the Board found the discharge was proper and equitable. Therefore, the awarded
characterization of service shall remain GENERAL (UNDER HONORABLE CONDITIONS) and the narrative reason for
separation shall temain MISCONDUCT. The Applicant remains eligible for a personal appearance hearing for a period of
fifteen years from the date of his discharge. The Applicant is directed to the Addendum for additional information.
Docket No. MD13-00523
Tr Docket No. MD13-00523

ADDENDUM: Information for the Applicant

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 Disabled 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.

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 ofa formal application for reenlistment
through a recruiter,

Automatic Upgrades - There is no law ot regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or
geod conduct subsequent to leaving naval service.

to: a verifiable continuous employment record; matriage 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-

Secretary of the Navy Council of Review Boards
Alin: Naval Discharge Review Board
720 Kennon Street SE Rm 309
Washington Navy Yard DC 20374-5023