ex-LCpl, 

Current Discharge and Applicant’s Request

Application Received:  20171222
Characterization of Service Received:   
Narrative Reason for Discharge:   UNSATISFACTORY PERFORMANCE
Authority for Discharge:   MARCORSEPMAN 6206 [UNSATISFACTORY PERFORMANCE] 

Applicant’s Request:	Characterization change to:	 
Narrative Reason change to:  NONE REQUESTED
Reentry Code change to:  NONE REQUESTED

Summary of Service

Prior Creditable Service:
Inactive:	 	             	Active:	 

Period of Service Under Review:
Date of Enlistment:  20071203	Age at Enlistment:  
Period of Enlistment:   Years   Extension
Date of Discharge:  20111221	Highest Rank/Rate:  LCpl
Length of Service:   Year(s)     Month(s)   19 Day(s)
Education Level:  	AFQT:  92

Evaluation Marks (# of occasions):  Performance/Proficiency:  NFIR   Behavior/Conduct:  NFIR   
Fitness Reports:  

Awards and Decorations (per DD 214):	Rifle  GCM ICM (w/1 Bronze Service Star) SSDR GWOTSM NDSM MUC 

Periods of UA:  NONE
Periods of CONF:  NONE
Other Time Lost per DD214:  NONE

NJP:    SCM:    SPCM:    CIVIL ARREST:    CC:  

Retention Warning Counseling:  

- 20100715:	For assignment to Marine Corps BCP.  

- 20101003:	For unsatisfactory performance while assigned to the Marine Corps BCP. Due to insufficient effort, you have not met your weight/body composition reduction goals.  

- 20101203:	For failure to comply with established weight/body composition standards while assigned to the Marine Corps BCP.  You will be processed for administrative separation for unsatisfactory performance while on your 1ST assignment per paragraph 6206 of MCO p1900.16F. 

- 20110321:	For your extension on the Marine Corps Body Composition Program.  You have made reasonable progress but failed to comply with established weight/body composition standards while on you first assignment to the Body Composition Program.  Therefore, you have been granted a one-time extension of 6 months effective 20101203 to meet the body composition standards set forth in MCO 6101.1.       

- 20110413:	For unsatisfactory performance while assigned to the Marine Corps BCP.  Due to your medical status and prolonged convalescent leave, you have not met you weight/body composition reduction goals.   

Counseling Warning:  

- 20101203:	For failure to comply with established weight/body composition standards while assigned to the Marine Corps BCP.  You will be processed for administrative separation for unsatisfactory performance while on your 1ST assignment per paragraph 6206 of MCO p1900.16F. 

- 20110707:	For failure to comply with established weight/body composition standards while assigned to the Marine Corps BCP.  You will be processed for administrative separation per paragraph 6206 of MCO p1900.16F. 

- 20110812:	For receiving a 3.0 Semi Annual Conduct Mark for the 20110731 reporting period.  SNM is currently on his second assignment to the Body Composition Program. 

- 20111013:	For failure to comply with established weight/body composition standards while assigned to the Marine Corps BCP.  You will be processed for administrative separation per paragraph 6206.5 or 6215 of MCO p1900.16F. 

Types of Documents Submitted/reviewed

	DD 214:		Service/Medical Record:		Other Records:	
	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 6206, UNSATISFACTORY PERFORMANCE, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 6 June 2007 until 25 November 2013.

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part IV, Para 403m(7)(a), Presumption Concerning Court-Martial Specifications.

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

Applicant’s Issues

1.   The Applicant requests an upgrade to enhance education and employment opportunities.  
2.   The Applicant contends that his discharge was improper and inequitable.  
3.   The Applicant contends that his in-service conduct should be considered for an upgrade.  
4.   The Applicant contends that his post-service conduct should be considered for an upgrade.

discussion

Date:  20181002		Location:  WASHINGTON D.C.	Representation:  

The Naval Discharge Review Board (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 Board completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the pertinent standards of equity and propriety were met.  

The Applicant's record of service included:

Five Retention Warning Counseling’s

:  The Applicant requests an upgrade to enhance education and employment opportunities.  The NDRB does not have the authority to upgrade or change the reason for discharge to enhance education and employment opportunities.  Regulations limit the NDRB’s review solely to a determination of the propriety and the equity of a discharge.  As such, this issue does not serve to provide a foundation upon which the NDRB can grant relief.  However, the Board did complete a thorough review of the circumstances that led to the Applicant’s discharge and the discharge process and found that the discharge did meet the pertinent standards of equity and propriety.

Issues 2 & 3:   The Applicant contends that his discharge was improper and inequitable.  Specifically, the Applicant states that although he struggled with his weight while in-service he was not provided sufficient time to resolve a medical condition which restricted his physical activity prior to discharge.  The NDRB reviews the propriety and equity of an Applicant’s discharge individually, on a case-by-case basis.  Regulations permit relief on the grounds of propriety if the Applicant’s discharge is inconsistent with standards and procedures of the Naval Service.  A General (Under Honorable Conditions) discharge is warranted when the quality of the member’s service has been honest and faithful but significant negative aspects of the member’s conduct or performance of duty outweighed the positive aspects of the member’s service record.  In this case, the failure to meet prescribed weight standards by the Applicant which began well before the onset of his medical illness, outweigh the positive aspects of service.  The NDRB found that the characterization of the Applicant’s discharge was equitable and consistent with the characterization of discharge given others in similar circumstances.  

Issue 4:  The Applicant contends that his post-service conduct should be considered for an upgrade.  The NDRB is authorized to consider post-service factors in the re-characterization of a discharge.  However, there is no law, or regulation, that provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service.  Normally, to permit relief, a procedural impropriety or inequity must have been found to exist during the period of enlistment in question.  The Applicant did provide a statement in his application to support an upgrade to the characterization of his discharge along with other documentation.  However, post-service conduct does not guarantee an upgrade from an unfavorable discharge as each discharge is reviewed by the Board on a case by case basis to determine if post-service conduct provides a basis for a more thorough understanding of the performance of the Applicant during the period of service that is the subject of the discharge review.  The NDRB found that the Applicant’s post-service was not compelling enough to overcome in-service misconduct and therefore the characterization of the Applicant’s discharge should remain unchanged.

decision

After a thorough review of the available evidence, to include the Applicant’s issues, summary of service,  record entries, and discharge process, the Board found the discharge was proper and equitable.  Therefore, the awarded characterization of service shall  GENERAL (UNDER HONORABLE CONDITIONS), the narrative reason for separation shall  UNSATISFACTORY PERFORMANCE with a corresponding separation code of JHJ4, and the reentry code shall  RE-3P.  The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of the 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/.  More information is available at http://www.secnav.navy.mil/mra/CORB/pages/ndrb/default.aspx.

Additional Reviews: After a document review has been conducted, former members are eligible for a personal appearance or telephonic 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, or http://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx 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: The NDRB is authorized to change a NDRB Applicant’s Reenlistment Code if related to an accompanying change in discharge characterization or narrative, but this authority is strictly limited to those cases where an applicant’s narrative reason or characterization of discharge is changed and that change warrants revision of the previously issued reenlistment code.  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-Traumatic Stress Disorder and/or Traumatic Brain Injury: For all claims involving PTSD and/or TBI, the NDRB’s review implemented the guidance set forth in the SECDEF Memorandum of 3 September 2014 (Supplemental guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder).  In accordance with U.S. Code, Title X, Section 1553 (d)(1) & d(2), the NDRB included a member who is a physician, clinical psychologist, or psychiatrist and accorded the case sufficient priority to achieve an expedited resolution and a final decision.

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.

Military Sexual Trauma: The Department of Veterans Affairs (VA) uses the term "military sexual trauma" (MST) to refer to experiences of sexual assault or repeated, threatening sexual harassment experienced while on federal active duty, active duty for training, or inactive duty training.  To get confidential one-on-one help please contact the MST Coordinator at your nearest VA Medical Center or Call Safe Helpline at 1-877-995-5247 or visit www.mentalhealth.va.gov/msthome.asp.

Reporting Military Sexual Trauma: To report a military sexual trauma, you can make an anonymous report to the Naval Criminal Investigative Service (NCIS) by Text or Online.  The NCIS Tip Line provides service members, veterans and civilians a safe, discreet and ANONYMOUS option to report criminal and force protection threats within the USN and USMC without concerns of retaliation.  To report a crime by Text: Text  274637 (CRIMES); Type “NCIS” at the top of the message; and include as much detail as possible to ensure your tip can effectively be investigated.  To send your ANONYMOUS Tip via the online, go to https://www.tipsubmit.com/webtipsNAV.aspx?AgencyID=840.

Suicide Prevention: Veterans in emotional crisis or their loved ones can call the free and confidential Veterans Crisis Line at 1-800-273-8255 (then press 1); or chat online at http://www.veteranscrisisline.net, or send a text message to 838255 to connect with a caring, qualified Veteran Affairs Responder who can deal with any immediate crisis.