Upgrade.Vet

USMC | DRB | 2013_Marine | MD1301128

Original file (MD1301128.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20130430

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)       20081010 - 20081207     Active:

Period of Service Under Review:
Date of Current Enlistment: 20081208     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20120704      H ighest Rank:
Length of Service : Y ea rs M on ths 27 D a ys
Education Level:        AFQT: 44
MOS: 0121 / 0111 / 0933
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle Pistol CoA (3) CoC (4) MM

Periods of UA / CONF :

NJP:

- 20100210 :       Article (Failure to obey order or regulation , providing alcohol to underage Marines )
         Article 112 (Drunk on duty , did consume alcohol while standing duty at barracks 1635 )
         Awarded: Suspended: RIR set aside 20100609

- 20120104 :      Article (Provoking speeches or gestures , did use vulgar and racial slurs toward a military police officer )
         Article (General A rticle , drunk and disorderly causing a disturbance to neighbors and military police)
         Awarded: Suspended: 30 DAYS

- 20120405 :      Article (Assault , did physically assault his wife )
         Awarded: Suspended:

SCM:     SPCM:    CC:

Retention Warning Counseling :

- 20100210 :       For Articles 92 and 112.

- 20120104 :       For using vulgar and racial slurs toward a Military Police Officer and drunk and disorderly causing a disturbance to neighbors and military police.

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 discharge is inequitable based on in-service performance and conduct.
2.       The Applicant contends his post-service conduct is worthy of consideration for an upgrade.

Decision

Date: 20 1 3 1219          Location: Washington D.C .         R epresentation :

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

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 g overnment al a ffairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. T he Board did complete a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent sta ndards of equity and propriety. The Applicant’s record of service included 6105 counseling warnings and for o f the Uniform Code of Military Justice (UCMJ): Article 92 ( Failure to obey order or regulation) , Article 112 ( Drunk on duty ), Article 117 (Provoking speeches or gestures), Article 134 (General A rticle, drunk and disorderly), and Article 128 ( Assault). 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 exercised rights to consult with a qualified counsel and request an administrative board . The administrative board, by majority vote, found that the pre ponderance of evidence proved the A pplicant’s pattern of misconduct. The administrative board recommended that the Applicant be separated from the Marine Corps with a General (Under Honorable Conditions) characterization of service, but that the separation be suspended for 12 months. The Commanding Officer, Headquarters Battalion, Marine Corps Base Hawaii, did not concur with the board’s recommendation and recommended to the Commanding Officer, Marine Corps Base Hawaii that the Applicant be separated with a General (Under Honorable Conditions) characterization without sus pension. Commanding Officer , Marine Corps Base Hawaii then ordered the A pplicant’s separation with a General (Under Honorable Conditions) characterization of service witho ut suspension on 27 June 2012.

: (Decisional) ( ) . The Applicant contends his discharge is inequitable based on in-service performance and conduct. The Applicant submitted two certificates of achievement for scoring a 300 on the Marine Corps physical fitness test, four certificates of commendation, two letters of appreciation, one certificate of achievement, and one meritorious mast. The Applicant also submitted documentation that he successfully completed a five week alcohol addiction treatment program at the Tri-Service Addiction Recover Facility, Tripler Army Medical Center. The Applicant was administratively separated and not separated upon expiration of enlistment or fulfillment of service obligation. 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.

: (Decisional) ( ) . The Applicant contends his post-service conduct is 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 a personal statement and evidence of employment. The Applicant could have provided documentation as detailed in the Post-Service Conduct paragraph in the Addendum , however, 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 documentation submitted by the Applicant does not demonstrate if in-service misconduct was an aberration. The characterization of service received was appropriate considering the length of service and UCMJ violations. 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 | 2005_Marine | MD0500612

Original file (MD0500612.rtf) Auto-classification: Denied

PART I - APPLICANT’S ISSUES AND DOCUMENTATION Commanding Officer further stated: “I personally intervened a year ago to deny an Administrative Discharge request on Private S_ (Applicant) submitted by the Commanding Officer of HMH-463. The names, and votes of the members of the 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
USMC | DRB | 2014_Marine | MD1400292

Original file (MD1400292.rtf) Auto-classification: Denied

The Applicant’s record of service included 6105 counseling warning, for of the Uniform Code of Military Justice (UCMJ): Article 90 (Assaulting or willfully disobeying superior commissioned officer, 1 specification), Article 91 (Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer, 1 specification), Article 92 (Failure to obey order or regulation, 2 specifications), Article 112 (Drunk on duty, 1 specification), Article 117 (Provoking speeches or gestures, 1...
USMC | DRB | 2006_Marine | MD0600136

Original file (MD0600136.rtf) Auto-classification: Denied

The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Applicant statements and actions are in violation of Marine Corps standards of conduct. ]050317: Applicant’s Unconditional Waiver of Administrative Discharge Boardsubmitted to Commanding General, Marine Corps Base Hawaii.050317: Commanding Officer, 3 rd Radio Battalion recommended to Commanding General, Marine Corps Base Hawaii, Applicant’s discharge under other than...
NAVY | DRB | 2005_Navy | ND0500861

Original file (ND0500861.rtf) Auto-classification: Denied

The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. 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, Article 92, failure to obey an order/regulation, Article 92, willful dereliction of duty, Article 112, drunk on duty or Article 128, assault. The names, and votes of the members...
USMC | DRB | 2009_Marine | MD0901600

Original file (MD0901600.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks an upgrade to enhance employment opportunities. By a vote of the Narrative Reason shall .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. ” Additional Reviews : After a document review has...
USMC | DRB | 2008_Marine | MD0800587

Original file (MD0800587.rtf) Auto-classification: Denied

The Commanding General determined the Applicant would be discharged with a “General (Under Honorable Conditions)” characterization due to Alcohol Rehabilitation Failure. The Board determined that an impropriety had taken place during the processing of the Applicant, which led him to believe the least favorable discharge characterization he would receive was “Honorable.” Based on the propriety issue, the Board felt an upgrade to “Honorable” would be appropriate by a vote of 3-2.:() .The NDRB...
USMC | DRB | 2012_Marine | MD1200880

Original file (MD1200880.rtf) Auto-classification: Denied

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. ” Additional Reviews : After a document review has been conducted, former members are...
NAVY | DRB | 2010_Navy | ND1001299

Original file (ND1001299.rtf) Auto-classification: Denied

Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries and the administrative separation 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. ” Additional Reviews : After a document review has been conducted,...
NAVY | DRB | 2009_Navy | ND0901268

Original file (ND0901268.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)19970821 - 19970919Active:19970920 - 2001090220010903 - 2005070620050707 - 20081023 Period of Service Under Review: Date of Enlistment: 20081024Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20090330Highest Rank/Rate:OS2Length of Service: Year(s)Month(s)07 Day(s)Education Level:AFQT: 51EvaluationMarks:Performance:5.0(1)Behavior:2.0(1)OTA:...
NAVY | DRB | 2009_Navy | ND0901944

Original file (ND0901944.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. It is of no consequence that the assault charge was subsequently dismissed by the civilian court since the command was not required to delay or postpone the administrative discharge processing pending the outcome of his civilian case when there was sufficient evidence to substantiate the discharge based on other misconduct committed by the Applicant.The Board determined that...

Search Decisions

Decision Text

USMC | DRB | 2013_Marine | MD1301128

Similar Decisions