ex-, USMC

Current Discharge and Applicant’s Request

Application Received:  20080320
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)	19910628 - 19920309  		Active:   19920310 - 19951212
Period of Service Under Review:
Date of Enlistment: 19951213		   Period of enlistment:   Years   Months		Date of Discharge:  19990809
Length of Service:    Yrs    Mths  00  Dys	Education Level:  	Age at Enlistment:  	AFQT:  35
MOS:  7041  	Highest Rank:   			Fitness reports:  
Proficiency/Conduct marks (# of occasions):	 ()/ ()
Awards and Decorations (per DD 214):  Rifle: , Pistol: , , , , , , .
Periods of UA/CONF:  

NJPs:	
	19981211:  Art 134 (failure to pay debt)
	Awarded - RIR (E3), FOP ($615 for 2 months), RESTR (60).  Susp - RIR and FOP.  Suspension vacated on 990202.

SCMs:	

SPCMs:	1
	19970116:  	Art 80 (Attempted larceny)
		Art 86 (UA less than one day)
		Art 132 (submitting false claim)
	Sentence - RIR (E3), RESTR (45), Hard Labor (45).  Susp - NONE.

CC:	

6105 Counseling: 3
	19960819:  For unsatisfactory room conditions and unescorted/unlogged guest in room.
	19960819:  For writing checks with insufficient funds.
	19970407:  For writing checks with insufficient funds.
 
Types of Documents Submitted

Related to Military Service:	DD 214:  	Service and/or Medical Record:  		Other Records:  

Additional Statements From Applicant:  		From Representation:  		From Member of Congress:  
Other Documentation (Describe)  
	Letter of recommendation from 1stSgt Bowens dated 27 July 2007.
	Letter of recommendation from MGySgt Brookins (Ret) undated.
	Character reference from SSgt DeTuan dated 02 Aug 2006.
	Character reference from LSI Logistics Coordinator, Cory Williams undated.
	Letter of recommendation from LSI Maintenance Manager, Donald R. Daugette dated 31 July 2007.
	Letter of recommendation from LSI Maintenance Supervisor, Kenneth Davis dated 20 Aug 2007.
	LSI Employee of the Month certificate for April 2007.
	LSI Certificate of Achievement for service as SAMS Operator from 2006-2007 (Iraq).
DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

1.  Post service conduct.

Decision

Date:  20080619		Location:  Washington D.C.	 Representation:  

By a vote of  the Characterization shall  .
By a vote of  the Narrative Reason shall  Misconduct.

Discussion

: ()  .  While the Applicant did not present any issues for consideration, the Board considered the Applicant's post service in light of the numerous character references submitted as well as the recognition the Applicant received for his employment in Iraq.  While the Applicant's post-service accomplishments are admirable, they do not sufficiently mitigate his in-service conduct to justify an upgrade in his characterization of discharge.  The Board noted most of the Applicant's misconduct had at its root his financial instability, and while this in itself can be serious, the Applicant compounded it by violating the Uniform Code of Military Justice, Articles 123a (writing bad checks), 80 (attempted larceny) and 134 (fraud).  Such violations can result in a punitive discharge and imprisonment if adjudged at a Special or General Court Martial.  The Applicant received a General (under honorable conditions) discharge after having his case heard at an administrative discharge board.  The NDRB determined an upgrade to the Applicant's discharge 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 

Pertinent Regulation/Law

A.  Paragraph 6210, MISCONDUCT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 31 Jan 97 until 31 Aug 01. 

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, Articles 80, 132, and 134.

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