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USMC | DRB | 2014_Marine | MD1401147
Original file (MD1401147.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20140521
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)       20040326 - 20040907     Active:            20040908 - 20071027

Period of Service Under Review:
Date of Current Enlistment: 20071028     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20120927      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 00 D a y ( s )
Education Level:        AFQT: 45
MOS: 0341
Fitness R eports:

Awards and Decorations (per DD 214):      Rifle (5) (2) LoA (2)

Periods of CONF :

NJP:

- 20100221 :       Article (Failure to obey order or regulation , 2 specifications )
         Specification 1: Wrongfully riding on a jet ski
         Specification 2: Wrongfully disregarding order
         Awarded: Suspended:

SCM:     SPCM:    CC:

Retention Warning Counseling :

- 20120326 :       For unauthorized absence and lack of dependability. Specifically, you are being counseled for failure to report for an appointment at Ft. Belvoir. During this incident you neglected to inform your chain of command of your inability to arrive for your mandatory appointment. This type of behavior is unacceptable and will not be tolerated.

- 20120503 :       For failure to obey orders and lack of dependability. Specifically, you are being counseled for failure to report to your chain of command about your medical commitments. On 20120503 you failed to report for regular morning accountability. You also neglected to inform your chain of command that you had a medical appointment that morning. This type of behavior is unacceptable and will not be tolerated.

- 20120716 :       For your poor decision making ability. Specifically, you are being counseled for the incident on 20120706, driving in excess of the posted speed limit on base. This type of behavior is unacceptable and will not be tolerated.



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 P1600.19F), effective 1 September 2001 until Present, Paragraph 6209, ALCOHOL REHABILITATION FAILURE.

 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 he warrants an upgrade due to the lack of help for his Post-Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), depression, anxiety, and survivor’s guilt.
2.       The Applicant contends he self-medicated with alcohol.

Decision

Date: 20140710           Location: Washington D.C .         R epresentation :

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

 As a result of the Applicant’s claim of PTSD and TBI, in accordance with U.S. Code, Title X, Section 1553 (d)(1), the Naval Discharge Review Board included a member who is a physician, clinical psychologist, or psychiatrist. In accordance with section 1553 (d)(2), the service secretary expedited a final decision and accorded the case sufficient priority to achieve an expedited resolution. The Applicant’s service record documents completion of two deployment s to I raq from September 2005 to March 2006 and April 2007 to November 2007, conducting combat operations in support of Operation IRAQI FREEDOM.

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 Applicant’s record of service in his second enlistment included 6105 counseling warnings and for o f the Uniform Code of Military Justice (UCMJ): Article 92 (Failure to obey order or regulation, 2 specifications). In addition, the record shows the Applicant wrecked his motorcycle on 17 March 2012 while using alcohol and falsified a police report with the Stafford County Sheriff’s Department. Based on the Applicant ’s Alcohol Rehabilitation Failure , 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 request an administrative board . The administrative board voted 3-0 that the preponderance of the evidence supported that the Applicant was an Alcohol Rehabilitation Failure and recommended separation with a General (Under Honorab le Conditions) characterization of service.

: (Decisional) ( ) . The Applicant contends he warrants an upgrade due to the lack of help for his PTSD, TBI, depression, anxiety, and survivor’s guilt. The Applicant’s official military service record diagnosis of PTSD and his Department of Veterans Affairs PTSD and TBI decision supports his contention that he suffered from PTSD and TBI while in service. However, the record clearly shows the Applicant was receiving appropriate medical care while in service. Therefore, the NDRB found the Applicant’s contention that he did not receive proper medical care to be without merit. The record also annotates the Applicant had a pre-service DUI. No where in the medical records is there any indication that the Applicant was either not responsible for his conduct or should not be held accountable for his actions. The Applicant appeared before an administrative separation board, which determined the preponderance of the evidence supported that the Applicant was an Alcohol Rehabilitation Failure . In addition, t he Applicant’s administrative separation package clearly shows his PTSD was giv en proper consideration. Based upon his other misconduct during his second enlistment, the Applicant is fortunate to have received a lenient General characterization for Alcohol Rehabilitation Failure since he also met the requirements to be administratively separated for Misconduct (Serious Offense) and Misconduct (Pattern of Misconduct). After an exhaustive review, the NDRB determined his command took his medical conditions into consideration when determining the propriety and equity of his discharge. The NDRB further determined PTSD , TBI, depression, anxiety, and survivor’s guilt did not warrant any further mitigation. Relief denied.





: (Decisional) ( ) . The Applicant contends he self-medicated with alcohol. Alcohol consumption is never a rationale or an acceptable excuse for inappropriate conduct, misconduct, or poor judgment. The record clearly shows the Applicant was afforded residential treatment for his alcohol abuse , and he was subsequently deemed a rehabilitation failure. Therefore, the NDRB concluded the command acted appropriately, equitably, and properly in processing the Applicant for separation for Alcohol Rehabilitation Failure . 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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