Upgrade.Vet

USMC | DRB | 2015_Marine | MD1501090

Original file (MD1501090.rtf) Auto-classification: Denied

ex-LCpl, USMCR

Current Discharge and Applicant’s Request

Application Received: 20150521

Characterization of Service Received: UNDER OTHER THAN HONORABLE CONDITIONS

Narrative Reason for Discharge: MISCONDUCT
Reenlistment Code: RE-4B
Authority for Discharge: MARCORSEPMAN 6210.5 [DRUGS]

Applicant’s Request:     Characterization change to: GENERAL (UNDER HONORABLE CONDITIONS)
         Narrative Reason change to: NONE REQUESTED


Summary of Service

Prior Service:
Inactive:        NONE             Active: 20101001 – 20111027 USMCR HON
                                    20090728 – 20100304 USMCR HON

Pre-Service Drug Waiver: YES

Period of Service Under Review:
Date of Current Enlistment: 20090724    Age at Enlistment: 22
Period of Enlistment: 8 Years 0 Months
Date of Discharge: 20130219     Highest Rank: CORPORAL
Length of Service:
Active: 01 Year(s) 08 Month(s) 2 Day(s)
Inactive: 02 Year(s) 07 Month(s) 26 Day(s)
Education Level: 12     AFQT: 53
MOS: 0814
Proficiency/Conduct Marks (# of occasions): 4.4 (NIFR) / 4.4 (NFIR)     Fitness Reports: NOT APPLICABLE

Awards and Decorations (per DD 214):     Rifle MM NDSM ACM AFRM NATO GWOTSM

Periods of UA/CONF: NONE

NJP: NONE SCM: NONE SPCM: NONE CC: NONE

Retention Warning Counseling: 2

- 20120429:      For illegal drug involvement (THC usage identified through urinalysis confirmed by Navy Drug Lab LAXFL form J03024427 dated 27 Jan 2012).

- 20130113:      For unsatisfactory participation due to missing 5 regularly scheduled drills. (unsigned)

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. 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 that an Under other than Honorable characterization of discharge is overly harsh compared to discharges received by other personnel.

Decision

Date: 20150827 DOCUMENTARY REVIEW Location: Washington D.C. Representation: NONE

By a vote of 5-0 the Characterization shall remain UNDER OTHER THAN HONORABLE CONDITIONS .
By a vote of 5-0 the Narrative Reason shall remain MISCONDUCT .

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 governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Board completed a thorough review of the circumstances that led to his discharge and the discharge process to ensure his discharge met the pertinent standards of equity and propriety. The Applicant’s record of service included two 6105 counseling warnings. The Applicant also had a pre-service drug waiver for using marijuana twenty times prior to entering the Marine Corps, and acknowledged his complete understanding of the Marine Corps Policy Concerning Illegal Use of Drugs on 21 July 2009. Based on the Article 112a violation, processing for administrative separation is mandatory. The NDRB did not have the Applicant’s administrative separation package to determine whether or not the Applicant waived his rights to consult with a qualified counsel, submit a written statement and request an administrative board or a General Court-Martial Convening Authority review.

Issue 1: (Decisional) (Equity) RELIEF NOT WARRANTED. The Applicant contends that an Under other than Honorable characterization of discharge is overly harsh compared to discharges received by other personnel. For NDRB consideration, the Applicant re-submitted (from his original separation proceedings) twenty personal and professional character statements including letters from his prior Platoon Sergeants, Platoon Commanders, and Executive Officer. The Applicant’s record documented misconduct through drug use and counseling for missing five scheduled drills. Certain serious offenses warrant separation from the service to maintain proper order and discipline. Violation of Article 112a is one such offense requiring mandatory processing for administrative separation regardless of grade or time in service. This usually results in an unfavorable characterization of discharge or, at a maximum, a punitive discharge and possible confinement if adjudicated and awarded as part of a sentence by a special or general court-martial. The command did not pursue a punitive discharge but opted instead for the more lenient administrative discharge. The NDRB determined that a characterization of Under Other than Honorable Conditions was appropriate. Relief denied.

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, service record entries and discharge process, the Board found the discharge was proper and equitable. Therefore, the awarded characterization of service shall remain UNDER OTHER THAN HONORABLE CONDITIONS and the narrative reason for separation shall remain MISCONDUCT. The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of his 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 | 2010_Marine | MD1002104

Original file (MD1002104.rtf) Auto-classification: Denied

Based on the Applicant’s overall proficiency and conduct (Pro/Con) marks of 4.2 and 3.9, respectively, he was discharged from the Marine Corps with a General (Under Honorable Conditions) characterization of service upon completion of his required active service. 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.The NDRB has no authority...
USMC | DRB | 2011_Marine | MD1101678

Original file (MD1101678.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)20080617 - 20090621Active: Period of Service Under Review: Date of Current Enlistment: 20080617Age at Enlistment: 17Period of Enlistment:8 Years Months (Reserve ROEP 6x2)Date of Discharge:20101030Highest Rank:LCplLength of Service: Inactive: 01 Year 00Month(s) 04 Day(s) Active: 01 Year 04 Month(s) 08 Day(s)Education Level: 12AFQT:78MOS: 3531 (Motor Transport...
NAVY | DRB | 2011_Navy | ND1100131

Original file (ND1100131.rtf) Auto-classification: Denied

Types of Documents Submitted/reviewedRelated 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/ToCongress member: Pertinent Regulation/Law A. Summary: After a thorough...
USMC | DRB | 2015_Marine | MD1501252

Original file (MD1501252.rtf) Auto-classification: Denied

Based on a civilian arrest for first degree murder, his command administratively processed him for separation. Although the Applicant contends that he was a good Marine, he was arrested and separated from military service based on charges of first degree murder which reflects poorly on the Marine Corps and constitutes a significant departure from the conduct expected of members of the Naval Service thus warranting a discharge characterization of Under Other Than Honorable Conditions. ”...
USMC | DRB | 2011_Marine | MD1100297

Original file (MD1100297.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...
NAVY | DRB | 2011_Navy | ND1100989

Original file (ND1100989.rtf) Auto-classification: Denied

Representation: NONE 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 governmental affairs unless there is substantial credible evidence to rebut the presumption, to include...
NAVY | DRB | 2010_Navy | ND1001338

Original file (ND1001338.rtf) Auto-classification: Denied

Upon review of the administrative separation package, the Separation Authority determined that separation was warranted pursuant to Article 1910-152 (Alcohol Treatment Failure) and further directed that the Applicant receive a General (Under Honorable Conditions) characterization of service and be assigned a re-entry code of RE-4 (not recommended for reenlistment). Issue 1 ( ) - The Applicant contends that his characterization of service at discharge was inequitable in that it was an overly...
USMC | DRB | 2011_Marine | MD1100777

Original file (MD1100777.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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 .The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of...
USMC | DRB | 2010_Marine | MD1002023

Original file (MD1002023.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. If the action includes either a punitive or...
USMC | DRB | 2008_Marine | MD0801200

Original file (MD0801200.rtf) Auto-classification: Denied

Types of Documents Submitted/reviewedRelated to Military Service: DD 214: Service and/or Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements From Applicant: From Representation: From Member of Congress: Other Documentation (Describe) DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE...

Search Decisions

Decision Text

USMC | DRB | 2015_Marine | MD1501090

Similar Decisions