Upgrade.Vet

USMC | DRB | 2015_Marine | MD1500946

Original file (MD1500946.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20150314
Characterization of Service Received:

Narrative Reason for Discharge:
Reenlistment Code:

Authority for Discharge: MARCORSEPMAN

Applicant’s Request:     Characterization change to:
         Narrative Reason change to: CONVENIENCE OF THE GOVERNMENT

Summary of Service

Prior Service:
Inactive:        USMCR (DEP)      20111101 - 20120102     Active:

Period of Service Under Review:
Date of Current Enlistment: 20120103    Age at Enlistment:
Period of Enlistment: Years Months
Date of Discharge: 20131203     Highest Rank:
Length of Service: Year(s) Month(s) 01 Day(s)
Education Level:        AFQT: 59
MOS: 0621
Proficiency/Conduct Marks (# of occasions):     Fitness Reports:

Awards and Decorations (per DD 214):     Rifle

Periods of UA/CONF:

NJP:     SCM:     SPCM:    CC:      Retention Warning Counseling:

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. Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 1 September 2001 and Present, paragraph 6203, CONVENIENCE OF THE GOVERNMENT .

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 that her discharge was inequitable for the most part as her average conduct and efficiency ratings and proficiency marks were good.
2.       The Applicant contends that her discharge was inequitable as personal problems impaired her ability to serve because she got homesick more and more every day.
3.       The Applicant contends that she has been a good citizen since discharge and has been volunteering and doing community service.

Decision

Date: 20150618          Location: Washington D.C.        Representation:

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

Discussion

As a result of the Applicant’s in-service diagnosis of adjustment disorder with depressed mood that caused her discharge, and in accordance with U.S. Code, Title X, Section 1553 (e)(2), the Naval Discharge Review Board included a member who is a physician, clinical psychologist, or psychiatrist. The Applicant’s service record documents the Applicant was diagnosed with a adjustment disorder with depressed mood while serving in the armed forces.

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 governmental affairs 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 no 6105 counseling warnings and no misconduct resulting in nonjudicial punishment or court-martial. However, the Applicant was diagnosed with adjustment disorder with depressed mood on 21 October 2013 by qualified medical personnel at the Naval Hospital in Camp Lejeune, North Carolina. Based on the Applicant’s diagnosis of adjustment disorder with depressed mood by competent medical authority, command administratively processed for separation. When notified of administrative separation processing using the procedure, the Applicant rights to consult with a qualified counsel, submit a written statement, and request a General Court-Martial Convening Authority review.

1-3: (Decisional) () . The Applicant contends that her discharge was inequitable for the most part as her average conduct and efficiency ratings and proficiency marks were good. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant’s service. Whenever a Marine’s performance deteriorates or has an adverse effect on others in the unit, commanding officers and subordinate leaders will try to determine the cause. When the command suspects a physical or mental condition interferes with the Marine’s effective performance of duty, the Marine should be referred to the appropriate medical authority. If examination by a medical officer confirms the Marine is suffering from a physical or mental condition apparently beyond the individual’s control and indicates that the condition is not a disability, a command should initiate separation proceedings per paragraph 6303 or 6304 of the Marine Corps Separation and Retirement Manual. The Applicant was diagnosed with adjustment disorder with depressed mood on 21 October 2013 by qualified medical personnel at the Naval Hospital in Camp Lejeune, North Carolina.

The record shows the Applicant had no misconduct or other significant negative aspects that would have warranted a General (Under Honorable Conditions) characterization. Based on her condition, the NDRB determined the Applicant met the requirements for separation by reason of Convenience of the Government – Physical or Mental Conditions. However, the characterization for this reason is Honorable unless an Uncharacterized or General (Under Honorable Conditions) is warranted. By majority rule, the NDRB voted to upgrade the Applicant’s discharge; by unanimous vote, the narrative reason for the discharge, Condition Not a Disability, shall remain as issued. Partial relief granted.

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 change to HONORABLE 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 , or http://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx 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: Effective 6 February 2015, the NDRB is authorized to change a NDRB Applicant’s Reenlistment Code if related to an accompanying change in discharge characterization or narrative, but this authority is strictly limited to those cases where an applicant’s narrative reason or characterization of discharge is changed and that change warrants revision of the previously issued reenlistment code. 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 | 2012_Marine | MD1200442

Original file (MD1200442.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)20090403 - 20090607Active: Period of Service Under Review: Date of Current Enlistment: 20090608Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20090903Highest Rank: Length of Service: Year(s)Month(s)26 Day(s)Education Level: AFQT:51MOS: 8011Proficiency/Conduct Marks (# of occasions):/Fitness Reports: Awards and Decorations (per DD...
NAVY | DRB | 2014_Navy | ND1400718

Original file (ND1400718.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends she warrants an Honorable characterization of service since her command caused her mental condition.2. ” 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...
NAVY | DRB | 2009_Navy | ND0902001

Original file (ND0902001.rtf) Auto-classification: Denied

By unanimous vote, the awarded narrative reason for the discharge shall remain as issued.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain CONDITION NOT A DISABILITY.The Applicant remains eligible for a personal appearance hearing for a period of fifteen years...
USMC | DRB | 2014_Marine | MD1400860

Original file (MD1400860.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The Applicant’s Re-entry Code of RE-3P does not bar him from future service, but it does require that he receive a waiver from the Commandant of the Marine Corps to reenlist. ” 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...
USMC | DRB | 2007_Marine | MD0700207

Original file (MD0700207.rtf) Auto-classification: Denied

The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his failure to meet the standards and requirements of his contract for worldwide deployment with the Marine Corps and falls far short of that required for an upgrade of his characterization of service. Discharge Process Date Notified: 20060301Basis for Discharge: DUE TO Least Favorable Characterization: Commanding Officer’s Intended Recommendation: Date Applicant Responded to...
NAVY | DRB | 2015_Navy | ND1500152

Original file (ND1500152.rtf) Auto-classification: 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 remain UNCHARACTERIZED and the narrative reason for separation shall remain . ” 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...
USMC | DRB | 2014_Marine | MD1401042

Original file (MD1401042.rtf) Auto-classification: Denied

Therefore, the NDRB determined the narrative reason for discharge of Personality Disorder was improper, and because the Applicant was not notified of administrative separation for any other reason, the NDRB determined that the Applicant’s reason for separation should be changed to Secretarial Authority. Relief granted.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,...
USMC | DRB | 2009_Marine | MD0902377

Original file (MD0902377.rtf) Auto-classification: Denied

Based on several mental health evaluations, the Applicant’s command administratively processed her for separation. The NDRB voted unanimously to upgrade the characterization of the discharge to Honorable.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 PERSONALITY...
USMC | DRB | 2005_Marine | MD0501462

Original file (MD0501462.rtf) Auto-classification: Denied

The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “Not suited for military service.” The Applicant requests a documentary record discharge review. What is more, according to regulations, Marines being separated by reason of convenience of the government due to personality disorder do not rate an Administrative Discharge Board. Thus, the Board concluded that relief...
USMC | DRB | 2010_Marine | MD1001650

Original file (MD1001650.rtf) Auto-classification: Denied

On 18 Jan 2008, the Commanding Officer, Naval Hospital Camp Lejeune sent a memo to the Applicant’s Commanding Officer recommending expeditious administrative separation of the Applicant for Condition Not a Disability due to a diagnosis of Adjustment Disorder with Depressed Mood. On 25 Feb 2008, the Commanding Officer, Marine Corps Combat Service Support Schools endorsed the Applicant’s administrative separation package directing he receive a General (Under Honorable Conditions) discharge...

Search Decisions

Decision Text

USMC | DRB | 2015_Marine | MD1500946

Similar Decisions