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

ex-PFC, USMC
Docket No. MD03-01420

Applicant’s Request

The application for discharge review was received on 20030827.  The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions.  The Applicant requests a documentary record review.  The Applicant listed a private representative as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040617.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety in the characterization of the Applicant’s service was discovered by the NDRB.  However, the Board found that the Applicant’s characterization of service was inequitable.  The Board’s vote was three to two that the character of the discharge shall change.  The discharge shall change to:  UNDER HONORABLE CONDITIONS (GENERAL)/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MARCORSEPMAN Par. 6204.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s and representative's issues, as stated on the application:

1.  “The OTH condition of subject discharge was inequitable because no personal records were withheld during recruitment or service; no action was conducted and no document was signed except as instructed by Marine Corps recruiter or superior officer.”

Documentation

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

Letter to Congressman from Applicant's representative, dated August 15, 2003
Letter to House of Representative from a Colonel from the Office of Legislative Affairs, dated April 14, 2003 (2)
Letter to Senator from Applicant's representative, dated May 17, 2003
Letter from Board For Correction of Naval Records, dated July 31, 2003
DD Form 149 with 11 pages of attachments, dated May 17, 2003
Letter from Member of Congress, dated January 2, 2003
Privacy act release from Applicant, dated January 4, 2003
Letter from Applicant to Congressman, dated January 4, 2003
Pictures
Applicant's DD Form 214 (2)
Picture of Applicant
Letter to Applicant from Member of Congress, dated April 29, 2003
Blank DD Form 149
Letter from Applicant's representative, dated September 27, 2003 (2)
Letter from Applicant's representative, dated September 27, 2003
Letter from Applicant with Security Officer License
Student schedule Fall 2003
Attendance reference from Assistance Chief of Police, dated September 23, 2003
Letter from Southern Illinois University, dated September 12, 2003
Certificate of appreciation, dated October 23, 2002
Volunteer Appreciation Dinner invitation for October 22, 2003
Letter from Applicant and representative, dated March 6, 2004
Student schedule Spring 2004
Granite City Auxiliary Police training schedule
2004 Training Class Squad A and B
Granite City Police Department mission statement
Law enforcement code of ethics (3 pages)
College grade report from Spring 2004

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		990925 - 991226	COG

Period of Service Under Review:

Date of Enlistment:  991227		Date of Discharge:  000718

Length of Service (years, months, days):

	Active:    00  06  22
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  45

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  0.5 (1)			Conduct:  0.5 (1)

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority:  MARCORSEPMAN Par. 6204.3.

Chronological Listing of Significant Service Events:

000531:	BRMCL entry: Assessment: Asthmatic bronchitis.

000622:	Applicant's statement.

000626:	Applicant notified of intended recommendation for discharge with an under other than honorable conditions by reason of defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps.

000626:	Applicant advised of 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.

000626:	Commanding Officer recommended discharge under other than honorable conditions 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 failure to initially disclose during the induction process your significant preservice history regarding your asthma.  

000627:	DD Form 2697: Medical Assessment: Asthma.  Recommendation: Separation.

000712:	SJA review determined the case sufficient in law and fact.

000713:	GCMCA [Commanding General, Marine Corps Base, Camp Pendleton, CA] directed the Applicant's discharge with an under other than honorable conditions by reason of 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 20000718 with an under other than honorable conditions by reason of 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 but not equitable (C and D).

Issue 1.  While the Applicant did not indicate a medical condition at the time of enlistment, the Applicant served approximately 6 months before the diagnoses of a history of the medical condition was known.  Therefore, based on the Applicant’s supporting documentation and his performance and behavior marks with no adverse information in his service record, the Board found that the Applicant’s service is equitably characterized as under honorable conditions (general).  Relief is therefore granted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of his discharge.  Representation at a personal appearance hearing is recommended but not required.  

Pertinent Regulation/Law (at time of discharge)

A.  The Marine Corps Separation and Retirement Manual, MCO P1900.16E), effective 18 Aug 95 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 view DoD Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.af.mil”.  

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
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023