ex- PFC, 

Current Discharge and Applicant’s Request

Application Received: 20200610     
Characterization of Service Received:   
Narrative Reason for Discharge:   CONDITION, NOT A DISABILITY
Authority for Discharge:   MARCORSEPMAN 6203.2 [CONDITION NOT A DISABILITY] 

Applicant’s Request:	Characterization change to:	
Narrative Reason change to: NONE REQUESTED
Reentry Code change to: RE-1

Summary of Service

Prior Creditable Service:
Inactive:	             	 	Active:	 

Period of Service Under Review:
Date of Enlistment:  20150914     	Age at Enlistment:  
Period of Enlistment:   Years   Extension
Date of Discharge:  20161122	Highest Rank/Rate:  PFC
Length of Service:    Year(s)    Month(s)  09  Day(s)
Education Level:  	AFQT:  56
Deployment/Operation: 

Evaluation Marks (# of occasions):  Performance/Proficiency: 4.2 (NFIR)   Behavior/Conduct: 4.2 (NFIR)   
Fitness Reports: 

Awards and Decorations (per DD 214):	Rifle  NDSM GWOTSM Choose an item. 
Periods of UA:  20160512 – 20160518, 7 days
Periods of CONF:  NONE
Other Time Lost per DD214:  NONE

NJP:    SCM:    SPCM:     CIVIL ARREST:    CC:    Retention Warning Counseling:  

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.  Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 26 November 2013 until present, paragraph 6203, CONVENIENCE OF THE GOVERNMENT.

B.  Secretary of the Navy Manual 5420.1 of 29 September 2020 (Standards for the execution of the Naval Discharge Review Board).

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

Applicant’s Issues

1.  The Applicant seeks an upgrade in order to enhance his employment opportunities and reenlist in the Armed Services.  
2.  The Applicant contends that his post-service achievements are deserving of consideration for an upgrade. 
3.  The Applicant states that his discharge is unjust due to the hazing and physical abuse he experienced that led to his 
     misconduct.  
Discussion

Date:  20201203		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 no retention warning counseling and no misconduct resulting in nonjudicial punishment or court-martial.

:  The Applicant seeks an upgrade in order to enhance his employment opportunities and reenlist in the Armed Services.  

The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment and reenlistment 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.  An unfavorable reentry 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.  

Issue 2:  The Applicant contends that his post-service achievements are deserving of consideration for an upgrade.

The Applicant contends his post-service conduct warrants consideration for an upgrade to Honorable.  The NDRB considers 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.  The Applicant provided a personal statement, evidence of financial stability and current employment as a Correctional Officer. 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.  In this case the Applicant only provides documentation that substantiates an employment history since March 2020. The Applicant was discharged in November 2016 and there is no accounting for his post-service from the day of his discharge to March 2020 except for the completion of a Correctional Officer Academy in 2018. A more detailed account of the time and associated accomplishments depicting his time since leaving active duty would better support his petition to the Board to consider his post-service accomplishments. Additional materials that would afford better context include employment evaluations, letters of reference, self-improvement efforts and proof of volunteer community/organization engagement efforts. 

 Issue 3:  The Applicant states that his discharge is unjust due to the hazing and physical abuse he experienced that led to his 
                misconduct.  

The Applicant states that he was physically abused and hazed as a new Marine in his command. Per the Applicant’s statement it was this treatment that caused him to go UA and leave his command to return home. In addition the Applicant contests his command’s account of his mental state when he was returned to the unit and denies that he stated to his command and medical personnel that he was going to hurt himself due to the distress created by the treatment of his leadership and the hazing he was victim to. Evidence within the record substantiates the Applicant’s unauthorized absence and also provides information through multiple inputs that the Applicant demonstrated a desire to leave the Marine Corps in order to pursue new opportunities and experienced ideations that included harming himself. In regards to the hazing the Applicant only provides statements and there is reference by his Commander that an investigation was pending at the time of his administrative processing. In support of his claims of hazing and maltreatment it is recommended that the Applicant request a copy of the investigation in order to substantiate his statements that he was a victim and the perpetrators were identified and prosecuted. Statements alone, without sufficient documentary evidence, are not enough for the NDRB to form a basis of relief. The Applicant bears the burden of overcoming the presumption of regularity through the presentation of substantial and credible evidence to support his issue.  There is insufficient evidence in the record, nor has the Applicant produced any evidence, to support the contention the command treated him unfairly.  

Whenever a Marine’s Command suspects a health condition interferes with the Marine’s effective performance of duty, the Marine should be referred to the appropriate medical authority.  If examination by a medical officer confirms the Marine is suffering from a medical condition apparently beyond the individual’s control and indicates that the condition is not a disability, a command should initiate separation proceedings per paragraph 6303 or 6304 of the Marine Corps Separation and Retirement Manual.  The Medical Director for Psychiatric Services from the Camp Lejeune Naval Hospital evaluated the Applicant for four months beginning in May 2016. The Applicant was recommended to be administratively separated for the convenience of the government, and it was determined the Marine had a medical condition, not a disability.

Based on his condition, the NDRB determined the Applicant met the requirements for separation by reason of Convenience of the Government – Physical or Mental Conditions. While the characterization for this reason is Honorable a General (Under Honorable Conditions) is warranted due to the fact that the Applicant did commit misconduct by going UA for 7 days and was uncooperative upon return with his willingness to rehabilitate and pursue completing his contract. Being that the Applicant’s command cited continued unsatisfactory performance of duties along with his inability to adjust it was determined that a General characterization was appropriate and there was no evidence of any impropriety in the execution of his discharge.   

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. 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 Applicant’s service was 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 making its determination, the Board considered the fact that the Applicant went UA for seven days and was retrieved by his command. In addition, the claims made by the Applicant pertaining to the hazing were unsubstantiated along with any information that would challenge the validity of the command’s claim that he only expressed a desire to leave the Marine Corps and get out. This attitude per the record of evidence contributed to his substandard performance. 

The NDRB recognizes that serving in the all-volunteer Armed Forces is challenging but reflects a commitment to our Nation; thus, service members deserve to be recognized upon completion of their service.  One of the ways in which our service members are recognized is through the determination of their characterization of service.  Most servicemembers, however, serve honorably and therefore earn their Honorable discharges.  In fairness to those Marines and Sailors who served honorably, Commanders and Separation Authorities are tasked to ensure that undeserving servicemembers receive no higher characterization than is due.  The NDRB found the characterization of the Applicant’s discharge was equitable and consistent with the characterization of discharge given others in similar circumstances.

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 .  Therefore, the awarded characterization of service shall  GENERAL (UNDER HONORABLE CONDITIONS), the narrative reason for separation shall  CONDITION, NOT A DISABILITY with a corresponding separation code of JFV1, 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.