Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. MD99-00987

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

 ex-PFC, USMC
Docket No. MD99-00987

Applicant’s Request

The application for discharge review, received 990716, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000424.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain:  UNCHARACTERIZED/ FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MARCORSEPMAN Par. 6204.3.

The NDRB did note an administrative error on the original DD Form 214.  Block 23, Type of Separation should read: “DISCHARGED” vice “ENTRY LEVEL SEPARATION”, Block 28, Narrative Reason for Separation should read:  “FRAUDULENT ENTRY INTO MILITARY SERVICE” vice “Defective Enlistment & Induction-Fraudulent Enlistment (without admin discharge board) ADJUSTMENT DISORDER WITH ANXIETY MOODS”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I was properly diagnosed as having a personality disorder, but I didn't have a general court martial conviction or more than one Special court martial conviction during my last tour, aswauth as required by Lipsman v. Brown VA. 76-1175 (D.D.C. 1/6/7B).

2.  I have been a good citizen since discharge, aswauth [A91.22]

3.  I tried to serve & wanted to, but just couldn't or wasn't able to, aswauth [A94.10]

4.  I'd been in JROTC for 3 yrs & on my 18 birthday I joined the Delayed Entree program.  I really felt that I wanted to serve in the military. Until I realized that it was hopeless because of a disorder I had, but didn't know, exactly what.  Later upon talking to my mom she said it was my nerves.  I feel that I did everything possible to carry out my part of my contract to serve, but just couldn't.

5.  So I do hereby believe I should have received an honorable discharge not an ELS.

6.  Also this ELS has cost me an opportunity at 1 job already, how many more jobs do I have to lost just because I wanted to serve my country, but just wasn't supposed to.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of The Veteran's Self-Help Guide to Discharge Upgrading (15 pages)

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive: USMCR(J)		980114 - 980609	COG

Period of Service Under Review:

Date of Enlistment:  980610		Date of Discharge:  980909

Length of Service (years, months, days):

	Active:    00  03  00
	Inactive:  None

Age at Entry:  17			Years Contracted:  4

Education Level:  12			AFQT:  69

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  NMF			Conduct:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority:  MARCORSEPMAN Par. 6204.3.

Chronological Listing of Significant Service Events:

980827:	Medical evaluation by Mental Health Unit:

	AXIS I: Adjustment disorder with anxiety mood

980902:	Commanding officer recommended discharge with a uncharacterized by reason of defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps.  The factual basis for this recommendation was your pre-service adjustment disorder.  Commanding officer’s comments (verbatim): On 980827, SNR was sent to branch medical clinic, MCRD, San Diego, for nausea and vomiting.  Medical diagnosed SNR as having an adjustment disorder with anxiety mood.  Medical recommends ELS, and that SNR's condition is unlikely to change if retained.

980903:	Applicant notified of intended recommendation for discharge with a entry level separation by reason of defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps.

980903:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

980909:	GCMCA [Commanding General, MCRD/WRR San Diego] directed the applicant's discharge with a uncharacterized by reason defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980909 with an uncharacterized by reason defective enlistment and induction due to a fraudulent entry (A).  The Board presumed regularity in the conduct of governmental affairs (B).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

The Board found the applicant’s first issue not germane to the propriety and equity of the applicant’s discharge and relief is denied.

A medical diagnosis, is not an issue upon which the NDRB can grant relief.  When reviewing a discharge, the NDRB does consider the extent to which a medical problem might effect an applicant’s performance and ability to conform to the military’s standards of conduct and discipline.  Based on a diagnosis by a proper medical authority, the Board found the applicant’s discharge characterization proper and equitable.  Relief is not warranted.

The Board noted that due to the applicant’s length of service, he is only authorized to receive an Entry Level Separation.  To qualify for an honorable discharge the applicant must have served 180 days of continuous active duty.  The applicant served only 91 days, thus not qualifying for any other type of discharge.   Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  The Marine Corps Separation and Retirement Manual,(MCO P1900.16E), effective 18 Aug 9 until present, paragraph 6204, DEFECTIVE ENLISTMENT AND INDUCTION.

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT

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 Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive 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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		Washington Navy Yard
		720 Kennon Street SE Rm 309
		Washington, D.C.  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A2900/A9323/A9221/A9403/A9453/A9217A2903