Search Decisions

Decision Text

USMC | DRB | 2014_Marine | MD1400203
Original file (MD1400203.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20131011
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)       20070621 - 20070709     Active:  

Period of Service Under Review:
 Date of Current Enlistment: 20070710     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20110901      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 23 D a y ( s )
Education Level:        AFQT: 92
MOS: 0651
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness Reports:

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

Periods of CONF :

NJP:

         - 20091223 : Article (Failure to obey order or regulation , o n or about 20091209, violated a lawful general order, to
wit: In that SNM failed to obey the off base liberty program )
                           Awarded: Suspended:

- 20100 406 :      Article (Absence without leave , o n or about 20100315, violated a lawful general order to wit: I n that SNM did not report to his appointed place of duty at which he was required to be at )
         Awarded: Suspended:

- 20100702 :      Article (Absence without leave )
         Article (Failure to obey order or regulation)
          Awarded: Suspended:

- 2010 1008 :      Article (Absence without leave , o n or about 0550 on 20100916, without authority, absent himself from his place of duty at which he was required to be, to wit: morning PT and did so remain absent until 0555 on 20100916)
         Article (Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer; did on or about 20100916, while being questioned by a Corporal about the truth behind his absence, SNM responded by saying “f *** this and f *** you, this is some bull s *** , f *** all of you. ” )
         Article (General Article )
          Awarded: Suspended: (Vacated on 20101102)     





- 20101104 :      Article (Absence without leave , o n or about 20101027, absent himself from his command required restriction check-in at 0600 with the MWS S Squadron Duty Officer, an d d i d remain so absent until he was found by a Sergeant still his barracks room at approximately 0630 )
         Article (Assaulting or willfully disobeying superior commissioned officer; Having knowingly received a lawful command from his superior commissioned office, to ensure that he was present for restriction check - ins at the prescribed times, or words to that effect, on or about 20101027, willfully disobey the same )
         Awarded: Suspended:

- 20110412 :      Article (Absence without leave , 3 specifications)
         Specification 1: On 20110329, SNM failed to be at 0600 PT muster. At approximately 0650, SNM was seen by the platoon during their PT session entering the vicinity of “O” Barracks.
         Specification 2: On 20110330, SNM failed to be at 0600 PT muster. SNM arrived at 0620.
         Specification 3: On 20110331, SNM failed to be at 0630 PT muster. SNM eventually arrived at approximately 0900 in uniform for work.
         Awarded: Suspended:

SCM:     SPCM:    CC:

Retention Warning Counseling:

- 20080910 :      For Article 86(Absence without leave). On or about 20080822, you were dropped from the KD range for being UA at the Armory for weapons use.

- 20091210 :      For Article 86 (Absence without leave). On 20091125, you were in UA st at us by not being at your appointed place of duty. Moreover, you have been previously instructed to contac t any of your immediate supervisors in the event you are going to be late and you did not.

- 20110113 :       For being negligent in your duties to properly secure your military I.D. card , which resulted in the loss of said card.

- 20110308 :      For Article 92 (Failure to obey an order or regulation). SNM failed completion of PowerPoint presentation on time management. SNM was instructed on 20110303 to complete presentation for review by 20110308.

- 20110310 :      For Article 86 (Absence without leave) and Article 92 (Failure to obey an order or regulation) . SNM was not present for morning PT formation at 0630 on 20110310. SNM was instructed the day prior to report by 0630 in the prescribed uniform. SNM reported in at 0645, 15 minutes after the prescribed time.

- 20110412 :      For Article 86 (Absence without leave ), o n 20110329, SNM failed to be at 0600 PT muster. At approximately 0650 SNM was se e n by the Communication Platoon during their session entering the vicinity of “ O ” B arracks. On 20110330, SNM failed to be at 0600 PT muster. SNM arrived at 0620. On 20110331, SNM once again failed to be at 0630 PT muster. SNM arrived at approximately 0900 in uniform for work.

- 20110719 :      For Article 92 (Failure to obey an order or regulation). Specifically, you violated GruO 1746.1A by possessin g a 1.75L bottle of Bacardi party drinks (distilled spirits) in your barracks room on 20110625. Additionally, you were caught urinating off of the 3 rd Deck by the SDO.

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 , MMSB-13, 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:                  Other Documentation:    
                  Additional Statements:
         From Applicant:           From/To Representation:           From/To Congress member:        

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 seeks an upgrade to enhance employment opportunities.
2. The Applicant contends youth and immaturity contributed to his misconduct .
3.       The Applicant contends he sought treatment in-service for his mental health issues.

Decision

Date: 20 1 4 0 529           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 standards 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 86 ( Absence without leave, 7 specification s ), 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 ) , Artic le 92 ( Failure to obey order or regulation, 2 specifications ) , and Article 134 (General Article, 1 specification) . 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 rights to consult with a qualified counsel and submit a written statement but waived his right to request an administrative board .

: (Nondecisional) The Applicant seeks an upgrade to enhance employment 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.

: (Decisional) ( ) . The Applicant contends youth and immaturity contributed to his misconduct. While the Applicant may feel youth and immaturity were the underlying causes of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The record further shows that the Applicant was given numerous opportunities to mature and serve without further misconduct prior to being separated from the Marine Corps . The evidence of record does not demonstrate the Applicant was not responsible for his conduct or that he should not be hel d accountable for his actions. The NDRB recognizes that many of our servicemembers are young at the time they enlist for service, however, most still manage to serve honorably. While some members may be less mature than others, the NDRB does not view a member’s claim of immaturity to be a mitigating factor or a sufficient reason for misconduct. Relief denied.

Issue 3: (Decisional) (Propriety/Equity) RELIEF NOT WARRANTED. The Applicant contends he sought treatment in-service for his mental health issues. When reviewing a discharge, the NDRB does consider the extent to which a medical problem might affect an Applicant’s performance and ability to conform to the military’s standards of conduct and discipline. However, the NDRB does not consider the circumstances surrounding the Applicant’s stated condition or diagnosis to be of sufficient nature to excuse the Applicant’s misconduct. The NDRB found nothing in the service records nor did the Applicant provide any documentation to show that he was either not responsible for his conduct or should not be held accountable for his actions. The NDRB determined his mental health issues did not mitigate his frequent misconduct, and his discharge was proper and equitable. 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

  • NAVY | DRB | 2010_Navy | ND1000904

    Original file (ND1000904.rtf) Auto-classification: Denied

    It also included summary courts-martial for of the UCMJ: Article 86 (Unauthorized absence, 12 specifications) and Article 134 (Breaking restriction, 2 specifications).Based on the offenses committed by the Applicant, command administratively processed for separation.When notified of administrative separation processing using the procedure, the Applicant waived rights to consult with a qualified counsel, submit a written statement, and request an administrative board. Relief denied.Summary:...

  • NAVY | DRB | 2010_Navy | ND1000951

    Original file (ND1000951.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. ” 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. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.

  • USMC | DRB | 2002_Marine | MD02-00462

    Original file (MD02-00462.rtf) Auto-classification: Denied

    The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.980921: NJP for violation of UCMJ, Article 92: Having knowledge of a lawful order issued by the Battalion Commander and signed by SNM, to refrain from alcoholic beverages, and order in which it was his duty to obey, did, on board Camp...

  • NAVY | DRB | 2013_Navy | ND1301530

    Original file (ND1301530.rtf) Auto-classification: Denied

    The NDRB has no authority to upgrade a discharge to help an Applicant’s life or to help him support his family. 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...

  • NAVY | DRB | 2002_Navy | ND02-01105

    Original file (ND02-01105.rtf) Auto-classification: Denied

    In the acknowledgement letter to the Applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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 86- unauthorized absence.

  • NAVY | DRB | 2004_Navy | ND04-01041

    Original file (ND04-01041.rtf) Auto-classification: Denied

    ND04-01041 Applicant’s Request The application for discharge review was received on 20040607. 900710: NJP for violation of UCMJ, Article 86 (21 specifications): UA from pre-trial restriction muster. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19930222 with a bad conduct discharge which was the sentence adjudged by a properly convened special court-martial.

  • USMC | DRB | 2013_Marine | MD1301472

    Original file (MD1301472.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Regulations limit the NDRB’s review solely to a determination of the propriety and the equity of a discharge.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...

  • NAVY | DRB | 2005_Navy | ND0501073

    Original file (ND0501073.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). USS ENTERPRISE, on active duty, did on board USS ENTERPRISE, on or about 0700, 27 May 2002, without authority, fail to go at the time prescribed to his appointed place of duty, to wit: pretrial restriction muster.Violation of the UCMJ, Article 89: Specification: In that Mess Management Specialist Seaman C_ L. G_ (Applicant), U.S. Navy. USS...

  • USMC | DRB | 2013_Marine | MD1300097

    Original file (MD1300097.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: Pertinent Regulation/Law A. Paragraph 6210, MISCONDUCT ,...

  • NAVY | DRB | 2012_Navy | ND1200827

    Original file (ND1200827.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends his discharge was based on minor infractions and was not a Pattern of Misconduct. Based on the offenses committed by the Applicant, command administratively processed for separation. ” 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...