ex-, USMC

Current Discharge and Applicant’s Request

Application Received:  20140520
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)	20060420 - 20060430  	Active:		20060501 - 20090815  

Period of Service Under Review:
Date of Current Enlistment:  20090816	Age at Enlistment:  
Period of Enlistment:   Years  19 Months
Date of Discharge:  20130501	Highest Rank:  
Length of Service:    Year(s)    Month(s)  16  Day(s)
Education Level:  	AFQT:  33
MOS:  3531
Fitness Reports:  

Awards and Decorations (per DD 214):	Rifle     (2)   (2)   (3)

Periods of UA/CONF:  

NJP:  	SCM:  	SPCM:  

CC:  

- 20130205:	Offense:  Simple battery [Extracted from NAVMC 10835A dated 20130327.]
	Sentence:  NFIR

Retention Warning Counseling:  

- 20120214:	For failure to obey a lawful order or regulation.  The orders and regulations you are specifically in violation of are ALMAR 014/07, MARADMIN 198/07 and MARADMIN 029/10 which reflect specific changes to paragraph 1004.1C of MCO P1020.34G.  It has been identified that you have tattoos that are visible while wearing green on green PT gear, specifically green shorts and a green skivvy shirt.  The visible tattoos cannot be covered by your hand when your fingers are straight and joined and thumb touching base of your index finger.  On approximately 20091001 you received two tattoos in Okinawa Japan.  The tattoo on your left arm is a full sleeve that is approximately nine inches long.  The tattoo on your right forearm is a bible verse and is approximately four and a half inches long.  You do not meet the requirements for being grandfathered in, as you admitted to receiving the tattoo in 2010, and the deadline for grandfathering, set by MARADMIN 198/07 is 20070701.  Your tattoos limit your ability to perform any special duty assignments and are not in keeping with the high standards set by the United States Marine Corps. 

- 20121110:	For domestic violence.  [Date extracted from NAVMC 10835A, dated 20130327.]

- 20121124:	For domestic violence.  [Date extracted from NAVMC 10835A, dated 20130327.]

- 20121126:	For being arrested by San Diego Sheriff’s Department on 20121110 for domestic violence to your spouse.  This charge is currently entered as a misdemeanor in your civilian record.  As a Sergeant of Marines, you must remediate yourself with the statement in your promotion warrant that, “your conduct on and off duty shall be above reproach”.  This misconduct will not be tolerated.

- 20121127:	For being taken into custody a second time on 20121124 by the San Diego Sheriff’s Department for violation of “no negative contact” order in place.  As stated, this misconduct will not be tolerated.  You have a court appointment on Monday, 20121203.  If confirmed that your charges are a felony, misdemeanor or simple assault, the Lautenberg Amendment takes effect and you will be processed for administrative separation.

- 20130326:	For your failure to comply with rules and regulations of the UCMJ.

Administrative Corrections to the Applicant’s DD 214

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

	  “CONTINUOUS HONORABLE ACTIVE SERVICE FROM 060501 UNTIL 090815”

The NDRB will recommend to the Commandant of the Marine Corps, MMSB-13, 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 6210, MISCONDUCT of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), 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.

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      ,      .

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

Applicant’s Issues

1.  The Applicant contends an upgrade would enable her to receive GI BILL.
2.  The Applicant contends her service warrants an upgrade.  
3.  The Applicant contends the narrative reason for discharge should be changed.

Decision

Date:  20141113		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 claim of PTSD, in accordance with U.S. Code, Title X, Section 1553 (d)(1), the Naval Discharge Review Board included a member who is a physician, clinical psychologist, or psychiatrist.  In accordance with section 1553 (d)(2), the service secretary expedited a final decision and accorded the case sufficient priority to achieve an expedited resolution.  The Applicant’s service record documents completion of four deployments to Iraq: August 2007 to December 2007, July 2009 to September 2009, January 2008 to March 2008, and February 2009 to June 2009 all were in support of Operation IRAQI FREEDOM. 

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’s record of service included  6105 counseling warnings, and one civilian conviction for simple battery.  Based on the offenses committed by the Applicant,  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 an administrative board. 

:  (Nondecisional) The Applicant contends an upgrade would enable her to receive GI BILL.  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.

:  :  (Decisional) ()  .  The Applicant contends her service warrants
an upgrade.  After an exhaustive review, the NDRB determined that PTSD did not mitigate the Applicant’s misconduct.  Based
on the Applicant’s record of service, the NDRB determined the Applicant’s service was honest and faithful but significant 
negative aspects of her conduct or performance of duty outweighed the positive aspects of her service record, 
and the awarded characterization of service was warranted.  Relief denied.    

:  (Decisional) ()  .  The Applicant contends the narrative reason for
discharge should be changed.  A servicemember may be processed for separation for the commission of a serious military or 
civilian offense when the offense or a closely related offense is a violation of the UCMJ and warrants a punitive discharge in accordance with the Manual for Courts-Martial.  There is no requirement for adjudication by judicial or non-judicial proceedings, but the offense must be substantiated by a preponderance of the evidence.

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 .  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 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), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 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