ex-, USMC

Current Discharge and Applicant’s Request

Application Received:  20080722
Characterization of Service Received:  
Narrative Reason for Discharge:  
Authority for Discharge:  MARCORSEPMAN  (CONDITION NOT A DISABILITY)

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

Summary of Service

Prior Service:
Inactive: USMCR (DEP) 19990512 - 19990518  		Active:  	19990519 - 20021014  
									USMC	20021015 - 20060823  

Period of Service Under Review:
Date of Enlistment:  20060824	Period of Enlistment:   Years   Months	Date of Discharge:  20070810
Length of Service:    Years    Months   17  Days	    Education Level:  	Age at Enlistment:  
AFQT:  43     MOS:  1391	       Highest Rank:  	Fitness Reports:  
Awards and Decorations (per DD 214):  Rifle  (2) JSAM GCM (2) SSDR (5) ICM GWOTSM GWOTEM NDSM PUC
                                                                 NUC CoC (2) CoA MM

Periods of CONF:  

NJPs:  
- 20070711:  Article 86 (UA), 2 specifications:
	- Specification 1:  20070323 - 20070426 (35 days)
	- Specification 2:  20070622 - 20070704 (13 days)
                     Awarded:      Suspended:  

SCM:       SPCM:       CC:  

6105 Counseling:  
- 20070109:  For receiving a past due notice from Omni Financial attempting to collect $1,883.99 in past due bills. 
                     The past due amount is from a loan by Militaryloans.com, which has a present balance of $2,671.99.  
                     This is not the first time your command has been contacted requesting help to collect their money.  Your 
                      liability to properly manage financial obligations has been the result of a long pattern of financial 
                      misconduct.  Your failure to correct this deficiency is a reflection of your poor judgment and lack of 
                      attention to detail as a military professional.  You can provide no meaningful justification for lack of 
                      financial responsibility in this incident.  As a Sergeant of Marines your actions demonstrate a severe lack 
                      of judgment, failed financial stability, and poor initiative on your part.  Your failure to meet your 
                      financial obligations on time also reflects on your lack of responsibility, dependability, and trust in your 
                      abilities to lead young Marines.

- 20070720:  For a condition not a disability as evidenced by the diagnosis given by Medical officers at F_ S_, 
                     GA on 20070709.

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

	  “19990519”

	  “CONTINUOUS HONORABLE ACITVE SERVICE FROM 19990519 TO 20060823”

The NDRB will recommend to the Commandant of the Marine Corps that the DD 214 be corrected as appropriate.

Types of Documents Submitted/reviewed

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):  

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.

C.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 86. 

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

Applicant’s Issues

1.  Requests his discharge be upgraded to Honorable.
2.  Post service conduct.

Decision

Date:  20081030    		Location:  Washington D.C.	 Representation:  

By a vote of  the Characterization shall  .
By a vote of  the Narrative Reason shall  CONDITION NOT A DISABILITY.

Discussion

:  ()  RELIEF NOT WARRANTED.  The Applicant states he has been out of the Marine Corps for over 11 months and would like an upgrade in the characterization of his discharge to “Honorable”.  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.  The Applicant’s record of service was marred by a nonjudicial punishment for two specifications of violation of the Uniform Code of Military Justice (UCMJ):  Article 86 (UA) and a formal retention warning for repeated failure to pay just debts.  The Manual for Courts-Martial authorizes the award of a punitive discharge and up to one year of confinement if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 86.   The command did not pursue a punitive discharge but opted instead for an administrative discharge. 

The Applicant was a sergeant when he went UA.  As a NCO, he was expected to be a role model and seek assistance from his chain of command if he needed assistance with either personal or professional issues.  The applicant started seeing a Mental Health Professional on a regular basis when he returned from his second UA period.  Although he was given a discharge for a mental health condition, not viewed as a disability (exact reasons not found in record), the Applicant was always found fit for full duty and responsible for his actions.  A review of the available records reveals nothing to indicate that the Applicant’s discharge was in any way inconsistent with the standards of discipline in the United States Marine Corps.  

For the edification of the Applicant, an “Honorable” discharge is appropriate when the quality of the service member’s service has met the standards of acceptable conduct and performance of duty for military personnel.  A “General (Under Honorable Conditions)” is appropriate if the member’s service has been honest and faithful but significant negative aspects of the member’s conduct or performance outweigh positive aspects of the service member’s military record.  The Board acknowledges the misconduct of the applicant was a significant negative aspect of his military conduct, especially for a NCO, and determined the awarded characterization was appropriate; an upgrade would be inappropriate. 

:  ()  .  The Applicant states he has been out of the Marine Corps for over 11months and would like an upgrade in the characterization of his 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.  The key word here is “Outstanding”.  The Board is looking for actions that go beyond simply daily living.  Documentation to help support a post service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; 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 company’s, or other financial institutions; documentation of a drug free lifestyle; and character witness statements.  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 conduct mitigates the reason for the characterization of discharge. 

The Applicant did not provide a personal statement, supporting documentation of post service accomplishments or character witness statements to support his request for an upgrade.  The Applicant's efforts need to be more encompassing.  The Applicant could have produced additional evidence as stated in the above paragraph with the full understanding completion of these items alone does not guarantee an upgrade.  The Board determined the characterization of service received, “General (Under Honorable Conditions)”, was an appropriate characterization considering the time served and the UCMJ violations involved, and based on the lack of post service documentation provided an upgrade would be inappropriate.

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 

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 or is referred to a court-martial 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 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 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 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 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