Search Decisions

Decision Text

USMC | DRB | 2014_Marine | MD1400789
Original file (MD1400789.rtf) Auto-classification: Denied

ex-PFC, USMC
Current Discharge and Applicant’s Request
Application Received: 20140321
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)       20010122 - 20010225     Active:  

Pre-Service Drug Waiver:

Period of Service Under Review:
Date of Current Enlistment: 20010226     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20040813      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 04 D a y ( s )
Education Level:        AFQT: 42
MOS: 0621
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Pistol

Periods of CONF :

NJP:

- 20030725 :       Article (Absence without leave from 0701, 20030702 to 1715, 20030714, 12 days)
         Awarded: Suspended:

- 20040319 :      Article (Wrongful use, possession, etc. of controlled substances , 2 s pecifications )
         Specification 1: Wrongfully used marijuana on or about 20031027
         Specification 2: Wrongfully used marijuana on or about 20040223
         Awarded: Suspended:

SCM:     SPCM:    CC:

Retention Warning Counseling :

- 20020923:      For l ack of judgment and irresponsibility in that on or about 2 0 020916 at the Division MTU Coaches Course, MCB Camp Lejeune, NC did unauthorize absence himself from his appointed place of duty. Total disregard for obeying orders and regulations and conduct , which is prejudicial to good order and discipline of the Armed Forces.

- 20030801:      For p attern of misconduct. On 20030725 you received a Company level NJP for being UA from your appointed place of duty of the Ammunition Supply Point guard section for 12 days. This is a direct violation of the UCMJ and is punishable by Court Martial. Your actions display a lack of integrity and are unacceptable by Marine Corps standards.


- 20040319 :       For failing to adhere to regulations and the UCMJ, specifically, on 20040319 you were found guilty during Bn Level NJP of violating Art 112 a of the UCMJ.

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. The Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 1 September 2001 until Present, Paragraph 6210, MISCONDUCT.

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 record of service warrants consideration for an upgrade.
2.       The Applicant contends his post - service conduct warrants consideration for an upgrade.
Decision

Date : 20 1 4 0 814           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 ( Absence without leave , 12 days ) and Article ( Wrongful use, possession, etc. of controlled substances , of marijuana use ) . The Applicant a pre-service drug waiver prior to entering the Marine Corps acknowledged complete understanding of the Marine Corps Policy Concerning Illegal Use of Drugs on 19 January 2001 . Based on the Article 112a violation , processing for administ rative separation is mandatory. When notified of a dministrative separation processing using the procedure, the Applicant right to consult with a qualified coun sel but waived his rights to submit a written statement and request an administrative board .

: (Decisional) ( ) . The Applicant contends his record of service warrants consideration for an upgrade. During the Applicant’s 3 years and 5 months of service, he received three retention warnings and was found guilty at NJP on 25 July 2003 for having gone absent without authority from his unit for 12 days. The Applicant also tested positive for marijuana on two separate urinalys es on 27 October 2003 and 23 February 2004. The Applicant’s command referred charges of drug abuse to a S pecial C ourt- M artial , however, the Applicant voluntarily ple d guilty at NJP to violations of Article 112a and waived his right to an administrative separation board in return for his command’s withdraw a l of charges to a Special Court-Martial. The NDRB determined the Applicant’s discharge was proper and equitable considering his length of service and violations of the UCMJ. Relief denied.

: (Decisional) ( ) . The Applicant contends his post- service conduct warrants 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, evidence of college attendance, evidence of admittance to the college Dean’s list for outstanding academic performance, evidence of volunteer work with his community youth sports programs, church attendance and service as a minister , evidence of marriage , fatherhood, and employment, and 22 character references. The NDRB recognizes the efforts of the Applicant to establish himself as a good citizen in his community since his discharge from the Marine Corps. Although the Applicant’s 10 years of post-service conduct does reflect maturity and good citizenship, the NDRB determined an upgrade is not warranted when considering his in-service misconduct. 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 | 2007_Marine | MD0700819

    Original file (MD0700819.rtf) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that Summary of ServicePrior Service: Inactive: USMCR (DEP)20010810 - 20011209Active: Period of Service Under Review: Date of Enlistment: 20011210Years Contracted:Date of Discharge:20050513Length of Service: 03 Yrs 05Mths04 DysLost Time:Days UA: Days Confined: 46 Days IHCA: 09Education...

  • USMC | DRB | 2007_Marine | MD0700403

    Original file (MD0700403.rtf) Auto-classification: Denied

    20050128 Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) (20050128) Administrative Board Commanding Officer Recommendation (date): (20050128) SJA review (date): (20050330) Separation Authority (date): COMMANDING GENERAL, 1 ST MARINE DIVISION (20050404) Basis for discharge directed: DUE TO: Characterization directed: Date Applicant Discharged: 20050408 Types of Documents Submitted by Applicant and Considered By BoardRelated to...

  • NAVY | DRB | 2010_Navy | ND1000196

    Original file (ND1000196.rtf) Auto-classification: Denied

    – None stated on the DD Form 293, however, in reviewing the Applicant’s request for clemency to the Court-Martial Convening Authority, the Applicant contended that his misconduct was mitigated by his personal family issues and sought consideration in the form of clemency to reducing his Bad Conduct Discharge to an administrative separation with an Under Other Than Honorable Conditions characterization of service. The NDRB conducted a thorough review of the available evidence, to include the...

  • USMC | DRB | 2009_Marine | MD0902342

    Original file (MD0902342.rtf) Auto-classification: Denied

    After consideration of all available documentation to include the Applicant’s enlistment waiver for self-admitted drug use (marijuana use, 1 time), the lack of appeal requests or rebuttal statements by the Applicant, and the decision to waive his right to an administrative separation board, the Board presumed regularity in the conduct of government affairs and found the Applicant did not provide sufficient, credible evidence to the contrary.Issue 4:(Decisional) () . The Applicant should be...

  • NAVY | DRB | 2006_Navy | ND0601030

    Original file (ND0601030.rtf) Auto-classification: Denied

    Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation NONE. The Board found that in the Applicant’s case, the characterization of service should have been the “type warranted by service record. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR),...

  • NAVY | DRB | 2009_Navy | ND0902056

    Original file (ND0902056.rtf) Auto-classification: Denied

    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 previous in-service misconduct was an aberration and not indicative of the member’s overall character.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entriesand discharge process,...

  • USMC | DRB | 2008_Marine | MD0800386

    Original file (MD0800386.rtf) Auto-classification: Denied

    Certain serious offenses, even though isolated, warrant separation from the Naval service in order to maintain proper order and discipline.The Applicant’s conduct during the current period of service, was marred by a guilty finding at a Summary Court-Martial for violation of UCMJ Article 112a. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record, Discharge Process and evidence submitted by the Applicant, the Board found...

  • NAVY | DRB | 2015_Navy | ND1500170

    Original file (ND1500170.rtf) Auto-classification: Denied

    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. ” Additional Reviews : After a document review has been...

  • NAVY | DRB | 2014_Navy | ND1400597

    Original file (ND1400597.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 an isolated mistake in over two years of otherwise outstanding service. Representation: 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...

  • NAVY | DRB | 2013_Navy | ND1300830

    Original file (ND1300830.rtf) Auto-classification: Denied

    ” 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. 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. Additionally, the NDRB has no authority to upgrade a...