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USMC | DRB | 2014_Marine | MD1400234
Original file (MD1400234.rtf) Auto-classification: Denied

ex-, USMCR
Current Discharge and Applicant’s Request
Application Received: 20131115
Characterization of Service Received:
Narrative Reason for Discharge: UNACCEPTABLE CONDUCT
Authority for Discharge: SECNAVINST 1920.6B (ADMINISTRATIVE SEPARATION OF OFFICERS)

Applicant’s Request:      Characterization change to:
         Narrative Reason change to: CHANGE SEP CODE FROM BNC1 TO FND

Summary of Service
Prior Service:
 Inactive: USMCR (DEP)     19960815 - 19961119      Active:  USMCR 19961120 - 1 9970520 HON
        USMCR 199 7 0521 - 20031004 HON
USMC 20031005 - 20031211 HON

Period of Service Under Review:
 Date of Appointment : 20031212     Age:
Years Contracted : Indefinite
Date of Discharge: 20041207       Highest Rank : 2ndLt
Length of Service: Year(s) Month(s) 26 D ay(s)
Education Level:         AFQT: NFIR
Officer’s Fitness reports: Available
 Awards and Decorations ( per DD 214):      Rifle Pistol SMCRM (2) MUC CoC

Periods of CONF :

NJP:

- 20040726 :      Article (Absence without leave , 2004060 9 to 20040610 , 2 days )
         Awarded: Letter of Reprimand Suspended:

SCM:     SPCM:    CC:      Retention Warning Counseling:

NDRB Documentary Review Conducted (date):        20070125
NDRB Documentary Review Docket Number:   MD06-00629
NDRB Documentary Review Findings:                 Proper as issued and that no change is warranted.
Administrative Corrections to the Applicant’s DD 214

 The NDRB did note administrative error(s) on the original DD Form 214:

          “ SECNAVINST 1920.6B ”
         “ (2) 040609-040610 ”
        
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. Secretary of the Navy Instruction 1920.6B (ADMINISTRATIVE SEPARATION OF OFFICERS), effective 13 December 1999 until 14 December 2005, establishes policies, standards and procedures for the administrative separation of Navy and Marine Corps officers from the naval service in accordance with Title 10, United States Code and DoD Directive 1332.30 of 14 March 1997.
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 a S eparation C ode change to rejoin the Armed Forces.
2.       The Applicant contends his Se paration C ode BNC1 is incorrect and should be FND.

Decision

Date: 20 1 4 0619            Location: Washington D.C .         R epresentation :

By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall UNACCEPTABLE CONDUCT .
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. The 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 Punitive Letter o f Reprimand and for o f the Uniform Code of Military Justice (UCMJ): Article 86 ( Absence without leave , 2 days ) . Based on the offense committed by the Applicant, command administratively processed for separation. When notified of a dministrative separation processing using the procedure, the Applicant waived his right to submit a statement to the Secretary of the Navy and rights to consult with a qualified counsel and tender a qualified resignation in lieu of separation processing .

: ( D ecisional) (Propriety /Equity ) RELIEF NOT WARRANTED. The Applicant seeks a S eparation C ode change to rejoin the Armed Forces. He also contends his Se paration C ode BNC1 is incorrect and should be FND. 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 discharge for the sole purpose of rejoining the Armed Forces. Only the B oard for Correction of Naval Records 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 narrative reason or S eparation C ode 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.
The Applicant received Honorable characterizations of service for three prior enlistments from November 1996 to December 2003. Each period of enlistment is an independent obligation and characterization is determined for that specific period of time. While serving as a commissioned officer, t he Applicant was administratively separated and not separated upon fulfillment of his service obligation. The characterization of service, narrative reason for separation, and S eparation C ode were determined by the quality of the member’s total performance of duty and conduct during the current service obligation. As a probationary officer being considered for separation for cause due to one or more of the reasons contained in SECNAVINST 1920.6B , the Applicant was processed for separation under the notification procedure . Neither a hearing nor a board proceeding wa s required. In cases where deemed appropriate, a recommendation may be made to the Secretary of the Navy by the Deputy Commandant for Manpower and Reserve Affairs to separate such probationary officers with an Honorable or General characterization of service. This is in addition to the authority to either close a case after initial review or refer it to a Board of Inquiry ( BOI ) . The Secretary of the Navy may approve the separation and characterization or reject the recommendation and direct that the case be referred to a BOI.

Prior to separation processing , t he Applicant was found guilty of misconduct at nonjudicial punishment and subsequently tendered a qualified resignation as part o f his administrative separation processing. A qualified resignation is submitted by a commissioned officer in response to administrative separation processing. In doing so , the Applicant acknowledged that he w ould be awarded no lower characterization than a General (Under Honorable Conditions) . T he A pplicant acknowledged his separation for substandard performance of duty and misconduct as well as failure to demonstrate acceptable qualities of a leader. The Applicant’s administrative separation package, which included his qualified resignation request, was properly

submitted up the Applicant’s chain of command and was approved by the Assistant Secretary of the Navy (M anpower & Reserve Affairs ) with a narrative reason of U nacceptable C onduct and a corresponding S eparation C ode of BNC1. The Applicant submitted a request for a qualified resignation , and the S eparation C ode FND applies only to unqualified resignations. After a complete review of the records and after listening to the Applicant’s testimony, the NDRB determined his discharge was proper and equitable, and the Separation Code of BNC1 was correctly assigned. 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 UNACCEPTABLE CONDUCT . The Applicant is not eligible for further reviews by the NDRB. The Applicant may petition the Board for Correction of Naval Records, 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 for further review using DD Form 149. Their website can be found at http://www.donhq.navy.mil/bcnr/bcnr.htm . 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

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