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Docket No. MD13-00928
«100 vs

CURRENT DISCHARGE AND APPLICANT’S REQUEST

 

Application Received: 20130305

Characterization of Service Received: (per DD 214) GENERAL (UNDER HONORABLE CONDITIONS)

Narrative Reason for Discharge: (per DD 214) COMPLETION OF REQUIRED ACTIVE SERVICE

Authority for Discharge: (per DD 214) MARCORSEPMAN 1005 {COMPLETION OF REQUIRED ACT IVE SERVICE].

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

SUMMARY OF SERVICE

Prior Service:
Inactive: USMCR (DEP) 20050406 - 20050911 COG Active: NONE

Period of Service Under Review:

Date of Current Enlistment: 20050912 Age at Enlistment: 18

Period of Enlistment: 4 Years O Months -

Date of Discharge: 20090911 Highest Rank: LANCE CORPORAL
Length of Service: 04 Year(s) 00 Month(s) 00. Day(s)

Education Level: 12 AFOQT: 34

MOS: 0622

Proficiency/Conduct Marks (# of occasions): 4.1 (3) / /3.9 (8) Fitness Reports: NOT APPLICABLE
Awards and Decorations (per DD 214): Rifle EX GCM GWOTSM NDSM

Periods of UA/CONF: NONE

NJP: 2

- 20071015: Article 86 (Absence without ieave, 1130, 20071003 - 0730, 2007 1004)
Awarded: FOP RESTR EPD Suspended: RESTR EPD

- 20081003: Article 121 (Larceny and wrongful appropriation - steal a can of Skoal citrus blend from 7-Day Store)
Awarded: RIR FOP RESTR EPD Suspended: NONE

SCM: NONE SPCM: NONE CC: NONE

Retention Warning Counseling: |
- 20071022: For violation of UCMJ Article 86

TYPES OF DOCUMENTS SUBMITTED/REVIEWED

Related te Military Service: |
Service/Medical Record: Other Records:

DD 214: X Oo
Related to Post-Service Period:

Employment: C] Finances: O Education/Training: |

Health/Medical Records: [] Rehabilitation/Treatment: [] Criminal Records: Cj

Personal Documentation: [_] Community Service: Oo References: . {j.

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

Additional Statements:

From Applicant: L] From/To Representation: [_] From/To Congress member: C

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

CONF - Confinement CC - Civilian conviction CCU - Correctional Custody Unit CBW - Confinement on bread and water
e e Docket No. MD13-00928 -

PERTINENT REGULATION/LAW

 

A. Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 1 September 2001 until Present, Paragraph
1005, DISCHARGE FOR EXPIRATION OF ENLISTMENT OR FULFILLMENT OF SERVICE OBLIGATION.

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.

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
CONF - Confinement CC - Civilian conviction CCU - Correctional Custody Unit CBW - Confinement on bread and water
® © Docket No. MD13-00928

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

 

APPLICANT'S ISSUES

1. The Applicant contends he was innocent of being in an unauthorized absence (UA) status.
2. The Applicant contends that even though his Proficiency scores were high and Conduct scores were low, he rates an
Honorable discharge.

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

By a vote of 5-0 the Characterization shail remain GENERAL (UNDER HONORABLE CONDITIONS).
By a vote of 5-0 the Narrative Reason shall remain COMPLETION OF REQUIRED ACTIVE SERVICE.

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 Applicant’s record of service included one 6105 counseling warning and two
nonjudicial punishments (NJPs) for violations of the Uniform Code of Military Justice (UCMJ): Article 86 (Absence without
leave) and Article 121 (Larceny and wrongful appropriation). The Applicant was discharged at the end of his obligated active
service with a General characterization of service due to his average Conduct marks being below 4.0.

Issue 1: (Decisional) (Propriety/Equity) RELIEF NOT WARRANTED. The Applicant contends he was innocent of being
UA. The Applicant specifically contends he had permission to be off for a court appearance. The record shows the Applicant
waived his right to trial by court-martial and accepted NJP where he was found guilty of being absent without leave. Further,
the record clearly shows he was counseled on 22 October 2007, which stated he was allowed to attend a court hearing at 0800
but did not return to work until the following day. Therefore, the NDRB determined the Applicant’s contention was without
merit. Relief denied.

Issue 2: (Decisional) (Propriety/Equity) RELIEF NOT WARRANTED. The Applicant contends that even though his
Proficiency scores were high and Conduct scores were low, he rates an Honorable discharge. In accordance with Paragraph.
1004 of the Marine Corps Separation and Retirement Manual, an Honorable characterization of service upon the expiration of
active duty is appropriate when the quality of a Marine’s service has met the standards of accepted conduct and performance of
duty for military personnel. Therefore, characterization of service will be Honorable for Marines with average Proficiency
marks of 3.0 or higher and average Conduct marks of 4.0 or higher. The Applicant completed his obligated service and his
overall marks for Proficiency and Conduct were 4.1 and 3.9, respectively. After a thorough review of the records, supporting
documents, facts, and circumstances unique to this case, the NDRB discerned no impropriety or inequity in the discharge
action. 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 remain COMPLETION OF REQUIRED ACTIVE SERVICE. 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. MD13-00928

na

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 “hitp://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 te support any
claims of post-service accomplishments or any additional evidence related to this discharge. Representation at a personal appearance hearing is
recommended but net 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 US. 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 scle 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 toe 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-invelvement 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 2 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