ex-, USMC

Current Discharge and Applicant’s Request

Application Received:  20091015
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)	19960531 - 19970107  	Active:	

Period of Service Under Review:
Date of Current Enlistment:  19970108	Age at Enlistment:  
Period of Enlistment:   Years   Months
Date of Discharge:  20000331	Highest Rank:  
Length of Service:    Year(s)    Month(s)  24  Day(s)
Education Level:  	AFQT:  42
MOS:  1391
Proficiency/Conduct Marks (# of occasions):   () /  ()	Fitness Reports:  

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

Periods of CONF:  

NJP:  

- 19990720:	Article  (UA 0731-1130, 19990714 while in IHCA)
	Awarded:    Suspended:  

SCM:  

SPCM:  

CC:  

Retention Warning Counseling:  

- 19990802:	For my alcohol-related incident, specifically, due to my overindulgence of alcohol, I was arrested for drunk and disorderly conduct, assault on a female, damaging personal property, resisting arrest, and assault on a police officer on 19990714.

- 19990813:	For my failure to obey ABO 11012.1 by not logging in with the DNCO prior to entering the female squad bay and my failure to obey the orders of my supervisors not to enter the female squad bay unless in the performance of official military duties, and my inappropriate conduct by performing a male striptease in the female squad bay on 19990803.

- 19991118:	For my alcohol related incident, specifically due to my overindulgence of alcohol, during a domestic dispute, I left in my car and drove my car in a ditch near my house, then went back to my house, cut my forearms several times attempting suicide and offering them to my wife as a token of my love on 19991105.

Administrative Corrections to the Applicant’s DD 214

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

	  “ALCOHOL REHABILITATION FAILURE”

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/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.  Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, 
(MCO P1900.16E), effective 18 August 1995 until 31 August 2001.

B.  The Marine Corps Separation and Retirement Manual, (MCO P1600.19E), effective 18 August 1995 until 31 August 2001, Paragraph 6209, ALCOHOL REHABILITATION FAILURE.

C.  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.  Decisional issues:  (1)  (Equity) Applicant contends that he was a outstanding Marine and his misconduct and personality issues were an isolated series of issues in what was otherwise a stellar period of service; as such, Applicant contends that his overall service warrants a characterization of service of Honorable.  (2) (Propriety) Applicant seeks change in narrative reason for separation from personality disorder to medical discharge.    

Decision

Date:  20101110		Location: Washington D.C.	 Representation: 

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 evidence submitted by the Applicant.  The Applicant identified two decisional issues to the Board.  The Board completed a thorough review of the circumstances that led to the Applicant’s discharge, and the discharge process, to ensure the discharge met the pertinent standards of equity and propriety.  

The Applicant enlisted into military service with a waiver for illegal drug usage without law involvement, specifically, 171 stated pre-service uses of marijuana.  The Applicant’s record of service included three 6105 retention-counseling warnings and 1 non-judicial punishment for violation of the Uniform Code of Military Justice (UCMJ): Article 86 (Absence without leave, specifically, absent from his unit without authority - In Hands of Civilian Authorities).  Additionally, the Applicant was assigned to an intensive outpatient treatment program based on a Substance Abuse Counseling Center diagnostic evaluation, which yielded a diagnostic impression of alcohol dependence.  Furthermore, the Applicant’s record reflects that he was fully advised that any failure to attend or participate in the program constitutes grounds for administrative separation.  

The NDRB reviewed the Applicant’s discharge package: When notified of administrative separation processing using the  procedure, the Applicant  his right to consult with a qualified counsel and to include written matters in rebuttal to the proposed separation.  The Applicant was notified in writing of the proposed separation and was advised - by dual notification - that the factual basis for the recommendation was his diagnosed personality disorder and his alcohol rehabilitation failure.  The command further notified the Applicant that they were recommending that he receive a General, Under Honorable Conditions characterization of service, but that the Separation Authority would make the final determination.  

:  (Decisional) ()  .  The Applicant contends that he was an outstanding Marine and his misconduct and personality issues were an isolated series of issues in what was otherwise a stellar period of service; as such, Applicant contends that his overall service warrants a characterization of service of Honorable.  The NDRB reviews the propriety and equity of an Applicant’s discharge individually, on a case-by-case basis.  If such a review reveals an impropriety or inequity, relief is in order.  Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of discipline of the Naval service.  Based upon available records, nothing indicates that the Applicant’s discharge was in any way inconsistent with the standards of discipline in the U.S. Marine Corps.  The Applicant’s service record includes both military and civilian misconduct as well as numerous retention counselings regarding the Applicant’s misconduct, alcohol abuse, and civilian legal infractions.  A preponderance of the evidence reviewed supports the conclusion that the Applicant’s conduct was honest and faithful, but that significant negative aspects of the member’s conduct or performance outweighed the positive aspects of the member’s military record.  As such, separation from the Naval service was appropriate and a General (Under Honorable Conditions) discharge was warranted.  Relief denied.

:  (Decisional) ()  .  The Applicant is seeking a change in his narrative reason for separation from personality disorder to a medical discharge.  The NDRB does not have the authority to change a narrative reason for separation to one for a physical disability or “medical” as requested.  Only the Board for Correction of Naval Records can grant this type of narrative reason change.  The Applicant may petition the Board for Correction of Naval Records, 2 Navy Annex, Washington, DC 20370-5100.  In the Applicant’s specific case, the appropriately credentialed mental health care provider determined the Applicant’s condition was not a disability; as such, the Applicant was recommended for administrative processing through his command vice being referred to a medical evaluation board.  

Pursuant to paragraph 6203.3 of the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), members may be processed for administrative separation based on a mental health professional clinical diagnosis of a personality disorder.  This discharge is appropriate when the disorder is so severe that one's ability to function effectively and perform their duties is significantly impaired and the individual poses a threat to safety or well being of themselves or others but does not suffer from a medical disability.  Separation for personality disorder is not appropriate when separation is warranted for any other reason (e.g., member meets minimum criteria for alcohol rehabilitation failure processing).

In accordance with regulations, when separation processing is warranted for any reason in addition to personality disorder (convenience of the government), dual, or multiple processing, is required.  The Applicant’s separation process was in strict compliance with the MARCORSEPMAN.  The Applicant was processed for separation by reason of Convenience of the Government due to a diagnosed Personality Disorder and for his Alcohol Rehabilitation Failure.  The record of evidence reflects the Applicant met the requirements for processing due to Convenience of the Government (Personality Disorder) and Alcohol Rehabilitation Failure.  Furthermore, the Applicant’s Alcohol Rehabilitation Failure is clearly documented in his service record.  The Separation Authority determined that Alcohol Rehabilitation Failure most clearly described the reason for discharge.

Since the Applicant was dual-notified for both administrative separation reasons, the Board determined there was no impropriety.  However, the separating installation personnel administration center (IPAC) improperly completed the Applicant’s discharge form DD-214.  The Separation Authority directed that the Applicant be discharged with a General (Under Honorable Conditions) discharge and that for reporting purposes, the primary basis for separation was Alcohol Rehabilitation Failure; the Applicant’s Form DD-214 erroneously reflects a narrative reason for separation of Convenience of the Government (Personality Disorder).  By a vote of 5-0, the NDRB determined that the Applicant was properly discharged, but that the Form DD-214 was improperly issued due to an administrative oversight.  The NDRB will recommend to the Commandant of the Marine Corps that the DD 214 be corrected to reflect the narrative reason for separation as properly directed by the Separation Authority – Alcohol Rehabilitation Failure.  Relief denied, administrative correction directed.

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    However, due to an administrative error by the separating installation administrative center, the narrative reason for separation was incorrectly annotated on the Applicant’s Form DD-214.  Therefore, the awarded characterization of service shall  GENERAL (UNDER HONORABLE CONDITIONS) and the narrative reason for separation shall change to ALCOHOL REHABILITATION FAILURE as originally and correctly directed by the Separation Authority.  In accordance with the MARCORSEPMAN, the correct separation program designator (SPD) Code should also change to JPD1 in order to reflect the proper type and reason for separation.

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, specifically the paragraphs titled Additional Reviews, Automatic Upgrades, and Post-Service Conduct.

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 Disabled 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), 2 Navy Annex, Washington, DC 20370-5100 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