ex-, USMC

Current Discharge and Applicant’s Request

Application Received:  20080311
Characterization of Service Received:  
Narrative Reason for Discharge:  
Authority for Discharge:  MARCORSEPMAN   (Personality disorder)

Applicant’s Request:	Characterization change to:  
			Narrative Reason change to: 

Summary of Service

Prior Service:
Inactive: USMCR (DEP)	20020322 - 20020811  		Active:   	
Period of Service Under Review:
Date of Enlistment: 20020812 - 20070119		   Period of enlistment:   Years   Months		Date of Discharge:  20070119
Length of Service:    Yrs    Mths  28  Dys	Education Level:  	Age at Enlistment:  	AFQT:  50
MOS:  6046  	Highest Rank:   			Fitness reports:  
Proficiency/Conduct marks (# of occasions):	4.3 (8)/4.3 (8)
Awards and Decorations (per DD 214): Rifle  Pistol   REB (3), MCGCM, GWOTSM, NDSM

Periods of UA/CONF:  

NJPs:	3
	20060717:  Art 86 (Unauthorized absence, failure to report); Art 92 (Disobey a direct order); Art 134 (2 Specs) - (Carrying a concealed weapon in public, Disturbance in a public parking lot with a weapon). 
	Awarded -      Susp - . Vacant suspension 20070118.
	20070112: Art 121, (Wrongfully obtained with intent to permanently deprive or defraud another person of the use and benefit of property or to appropriate it to his own use other than the owner.  Awarded - NFIR.
	20070118: Art 86; Art 92, (Disobeyed an order) Awarded -    Susp -  RESTR.

6105 Counseling: 
	20060328: For alcohol-related incident.
	20060714: Failure to take the required semi-annual Physical Fitness Test.
	20060814: For unauthorized absence and failure to obey a lawful regulation.

Types of Documents Submitted

Related 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)  Letter to Commanding General from parent.

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

Applicant’s Issues

1. Benefits.
2. Unfair treatment.
3. Contract extension.
4. Incorrect medical treatment.

Decision

Date:  20080530		Location:  Washington D.C.	 Representation:  

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

Discussion

: ()       either  which the Board cannot form the basis of relief for the Applicant, or  the Board does not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to the Addendum, , regarding .

: ().      The Applicant contends he was unfairly treated by his Warrant Officer.  In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption.  The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  The Applicant has failed to produce any evidence of his unfair treatment other than his unsubstantiated allegations.  Based upon the record, nothing indicates the applicant's discharge was in any way inconsistent with the standards of discipline in the United States Marine Corps.  The applicant also states he was told shortly before his discharge he would lose his rank of Corporal but did not know why.  While the record does indicate the applicant's suspended reduction-in-rank from his 20070118 NJP was vacated on 19 January 2007, his DD214 (SER:45683-2007-0096) indicates he was separated as a Corporal (Block 4a).  In the applicant's case, the Board could discern no impropriety or inequity and therefore considers the discharge proper and equitable.

: ().  .  The applicant claims due to the length of training required for his Military Occupational Specialty, his contract was changed from a four-year to a five-year contract.  The Board inferred from this claim the applicant's issue was that his contract extension was involuntary and he completed four years of honorable service prior to the start of his medical difficulties.  A review of the applicant's records indicates the applicant signed section F of DD Form 4 (Enlistment Document) on 20020812 requesting he be discharged from the Delayed Entry Program and enlisted in the Regular Component of the United States Marine Corps for a period of 5 years: section H of the DD Form 4, signed the same day, further confirms this.  While the Board noted the applicant did complete nearly four and a half years of service, deployed, and earned the Marine Corps Good Conduct medal, it found the applicant's command at the time of his discharge met all requirements to discharge him with a General (Under Honorable Conditions) characterization of service.  Based upon the record, nothing indicates the applicant's discharge was in any way inconsistent with the standards of discipline in the United States Marine Corps.  In the applicant's case, the Board could discern no impropriety or inequity and therefore considers the discharge proper and equitable.

: ().  .  The applicant claims he received the wrong medication for his Personality Disorder diagnosis and this kept him from doing his job.  While the Board was unable to review the applicant's service medical records, it did not find any indication his medical problems absolved him of responsibility for his actions or that he should not be held accountable for his actions.  Furthermore, a review of the applicant's discharge package shows that competent medical authority stated "the member is judged to represent an imminent danger to self or others…[and] deemed fit to return to duty for immediate processing for admin separation…without need of 6105 counseling."  Based upon the record, nothing indicates the applicant's discharge was in any way inconsistent with the standards of discipline in the United States Marine Corps.  In the applicant's case, the Board could discern no impropriety or inequity and therefore considers the discharge proper and equitable.
In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  After a thorough review of the available evidence, to include the Applicant’s Summary of Service,  Record, Discharge Process and evidence submitted by the Applicant, the Board found that 

Pertinent Regulation/Law

A.  Paragraph 6203.3 CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 1 September 2001 until Present.

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.

ADDENDUM:  Information for the Applicant

Complaint Procedures:  If you believe that 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:  Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the 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.  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), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits:  The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board.  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 Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’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 Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  Additionally, the Board 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 subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended.  The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct, 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 “PTSD.”  Only the Board for Correction of Naval Records can grant this type of narrative reason change.  

Automatic Upgrades - There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge 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.  Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  

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 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.  

Board Membership:  The names and votes of the members of the 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