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af Docket No. MD13-00926 |
. “""", ex-PFC, USMCR ~
CURRENT DISCHARGE AND APPLICANT’S REQUEST |
Application Received: 20130307
Characterization of Service Received: UNDER OTHER THAN HONORABLE CONDITIONS
Narrative Reason for Discharge: UNSAT PARTICIPATION IN READY RESERVE
Authority for Discharge: MARCORSEPMAN 6213 [FAILURE TO PARTICIPATE}
Applicant’s Request: Characterization change to: HONORABLE
Narrative Reason change to: NONE REQUESTED
SUMMARY OF SERVICE
Prior Service: .
Inactive: USMCR (DEP) NONE Active: NONE
Period of Service Under Review:
Date of Current Enlistment: 20080512 Age at Enlistment: 19
Period of Enlistment: 8 Years 0 Months -
Date of Discharge: 20120622 _ Highest Rank: PRIVATE FIRST CLASS
Length of Service:
Inactive: 03 Year 03 Months 30 Days
. Active: 00 Years 09 Months 11 Days
Education Level: 12 AFQT: 80
- MOS: 3521

Proficiency/Conduct Marks (# of occasions}. 4.1 (8) /4.1 (8) Fitness Reports: NOT APPLICABLE
Awards on Decorations (per DD 214): Rifle SS NDSM
Periods of UA/CONF: NONE
NIP: NFIR SCM: NFIR SPCM: NONE CC: NONE
Retention Warning Counseling: 1
- 20120415: For unauthorized absence from scheduled drill during 3-4 March 2012

TYPES OF DOCUMENTS SUBMITTED/REVIEWED
‘Related to Military Service:

' DD 214: XY Service/Medical Record: [XJ Other Records: CJ
Related to Post-Service Period: . .
Employment: Cy Finances: 1 Education/Training: Cl
Health/Medical Records: [J Rehabilitation/Treatment: [] Criminal Records: TJ
Personal Documentation: [] Community Service: oO References: C1.
Department of VA letter: [] Other Documentation: []
Additional Statements:

From Applicant: OJ From/To Representation: [4 Fron/To Congress member: Oj

PERTINENT REGULATION/LAW

A. Paragraph 6213 of the Marine Comps Separation and Retirement Manual, (MCO P1900.16F), effective | 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 UH, Para 211, Regularity of Government Affairs, Part V, Para 502, Propriety and Para 503, Equity.

Key: NFIR - Not found in record RESTR - Restriction NIP - Nonjudicial punishment SCM - Summary cowt-martial
SPCM - Special court-martial FOP - Forfeiture of pay RJR - Reduction in rank EPD - Extra duties
CONF - Confinement CC - Civilian conviction CCU - Correctional Custody Unit CBW - Confinement on bread and water
Docket No. MD13-00926

DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

APPLICANT’S ISSUES

1. The Applicant contends he was not in a mental state to conduct his administrative board and requests a new administrative
board.

DECISION
Date: 20131114 DOCUMENTARY REVIEW Location: WASHINGTON D.C. _ Representation: NONE

By a vote of 5-0 the Characterization shall remain UNDER OTHER THAN HONORABLE CONDITIONS.
By a vote of 5-0 the Narrative Reason shall remain UNSAT PARTICIPATION IN READY RESERVE.

DISCUSSION

The NDRB, under its responsibility to examine the propricty 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 Applicant’s record of service included one 6105 counseling warning. Based
on the Applicant’s missed drill periods, 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 to
consult with a qualified counsel, submit a written statement, and request an administrative board or a General Court-Martial
Convening Authority review.

Issue 1: (Decisional} (Propriety/Equity) RELIEF NOT WARRANTED. The Applicant contends he was not in a mental state
to conduct his administrative board and requests a new administrative board. The NDRB has no authority to grant the

Applicant a new administrative separation board. However, the NDRB examined the propriety and equity of the Applicant’s
discharge. The NDRB 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 NDRB did not have the Applicant’s complete
administrative separation package, but the record shows the Applicant was in an unauthorized absence status from his
scheduled drill periods in March 2012 and April 2612. The Applicant provided no evidence to support his contention that his
mental state should absolve his responsibility to attend drill or that he had been authorized to be excused from the drill periods.
Therefore, the NDRB must presume regularity in the conduct of governmental affairs. 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 UNDER OTHER THAN HONORABLE CONDITIONS and the narrative reason for
separation shall remain UNSAT PARTICIPATION IN READY RESERVE. 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. MD13-00926

 

 

ADDENDUM: Information for the Applicant

Compiaint 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 2 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.

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 prants 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.

- Reentistment/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.
Additonally, 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.

o

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
Att: Naval Discharge Review Board

720 Kennon Street SE Rm 309

Washington Navy Yard DC 20374-5023