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USMC | DRB | 2014_Marine | MD1400677
Original file (MD1400677.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20140227
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)       19931007 - 19940711     Active:  

Period of Service Under Review:
Date of Current Enlistment: 19940712     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20000223      H ighest Rank:
Length of Service:
Active: Years Months 1 3 Days
Inactive: Years Month 30 Days
 Education Level:        AFQT: 39
MOS: 2512
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awa rds and Decorations : Rifle MM

Periods of UA / CONF :

NJP: SCM: SPCM: CC:

Retention Warning Counseling : 11
- 19970309 :       For inability to meet standards for the Marine Physical Fitness Test

- 19970918 :       For unsatisfactory participation in the Selected Marine Corps Reserve

- 19980109 :       For unsatisfactory participation in the Selected Marine Corps Reserve

- 19980204 :       For unsatisfactory participation in the Selected Marine Corps Reserve

- 19980212 :       For unsatisfactory participation in the Selected Marine Corps Reserve

- 19980327 :       For unsatisfactory participation in the Selected Marine Corps Reserve

- 19980712 :       For unsatisfactory participation in the Selected Marine Corps Reserve

- 19981121 :       For unsatisfactory participation in the Selected Marine Corps Reserve

- 19990126 :       For unsatisfactory participation in the Selected Marine Corps Reserve

- 19990226 :       For unsatisfactory participation in the Selected Marine Corps Reserve


- 19990317 :       For unsatisfactory participation in the Selected Marine Corps Reserve

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 6213 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 August 1995 until 31 August 2001.

B. Marine Corps Reserve Administrative Management Manual, MCO P1001R.1, Chapter 3, Reserve Participation and Administrative Procedures, paragraph 300.

C. Table 6-1 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 August 1995, Guide for Characterization of Service.



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

Applicant’s Issues

 1.       The Applicants contends his discharge is inequitable based on unfair treatment by his command.
2.       The Applicant contends he reacted unprofessionally due to immaturity and a lack of vision when he discovered that his requests for an interservice transfer to the Air National Guard ( ANG ) were not administered in a timely or proper manner.
3.       The Applicant’s contends his post-service conduct and accomplishments warrant consideration for an upgrade .

Decision

 Date: 20 1 4 0807           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 eleven 6105 counseling warnings, but no misconduct resulting in nonjudicial punishment or court-martial. Based on the Applicant’s unsatisfactory participation in the Marine Corps Ready Reserve , command administratively processed for separation. When notified of a dministrative separation processing using the procedure, the Applicant right to consult with a qualified counsel but waived his rights to submit a written statement and request an administrative board .

: (Decisional) ( ) . The Applicants contends his discharge is inequitable based on unfair treatment by his command. The Applicant stated that he made the decision to discontinue drilling with his unit after discovering his requests for an interservice transfer to the ANG were negligently mishandled by his command. The Applicant submitted to the NDRB two D D Form 368s (Request for Conditional Release) , dated 25 October 1995 and 15 August 1996 . The portion of the forms containing the command ’ s recommendation and the action by the authorizing official were not completed. The government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue. The Applicant’s record does not contain, nor did the Applicant provide, any evidence that indicates his request for an interservice transfer was approved or that it was intentionally or non-intentionally mishandled by his command . The Applicant ’ s Comma nding Officer in his letter of 01 April 1999 recommending administrative separation stated that the Applicant was informed that he had to be in a satisfactory drilling status for a release. The NDRB determined the Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Marine Corps. Such conduct falls far short of that expected of a member of the U.S. military and does not meet the requirements for an upgrade of his characterization of service. Relief denied.
: (Decisional) ( ) . The Applicant contends he reacted unprofessionally due to immaturity and a lack of vision when he discovered that his requests for an interservice transfer to the A NG were not administered in a timely or proper manner. While the Applicant may feel his immaturity and lack of vision were underlying factors, his decision to abandon his duties in the Selected Marine Corps Reserve reflect a willful failure to meet the requirements of his contract and demonstrated he was unfit for further service. The NDRB does not view a member’s claim of immaturity or lack of vision to be mitigating factor s . Relief denied.






: (Decisional) ( ) . The Applicant’s contends his post-service conduct and accomplishments warrant 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 a resum e for consideration . 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 , therefore , the awarded characterization of service was appropriate . 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

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