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USMC | DRB | 2000_Marine | MD00-00414
Original file (MD00-00414.rtf) Auto-classification: Denied


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

ex-PVT, USMC
Docket No. MD00-00414

Applicant’s Request
The application for discharge review, received 000209, requested that the reason for the discharge be changed to medical (erroneous) The applicant requested a documentary record discharge review. The applicant listed VETERANS SERVICE OFFICE as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000928. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned the characterization of the applicant’s service was inequitable. The Board’s vote was unanimous that the character of the discharge shall remain: ENTRY LEVEL SEPARATION/UNCHARACTERIZED, but the reason shall change to ERRONEOUS ENLISTMENT/REENLISTMENT, authority: MARCORSEPMAN Par. 6204.2.

If appropriate add the following:
The NDRB did note an administrative error on the original DD Form 214. Block 28, Narrative Reason for Separation should read: “ERRONEOUS ENLISTMENT/REENLISTMENT” vice “DEFECTIVE ENLISTMENT AND INDUCTION-FRAUDULENT ENLISTMENT LEFT SHOULDER PAIN WITH RECURRENT DISLOCATION”. The original DD Form 214 should be corrected or reissued as appropriate.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I am requesting that the NARRATIVE REASON FOR SEPARATION (Block 28, DD 214) for my Entry Level Separation changed from "Defective Enlistment & Induction -Fraudulent Enlistment" to "Medical-Erroneous." It was improper and unfair to characterize my enlistment as fraudulent. I told the UCMJ Recruiter at Marinette, WI, GySgt D_____, that I had hurt my shoulder playing football before enlisting. I thought the shoulder had healed. Furthermore, when my shoulder was hurt during basis training, I made no attempt to conceal my prior injury from the USMC. I do not understand how the USMC can construe my enlistment as fraudulent when your recruiting representative was aware of my prior injury. Also, with this knowledge in hand, the USMC had an opportunity to examine me during my induction physical. My only fault was to misjudge the fitness of my shoulder, for which I never received proper medical care because my family could not afford medical insurance. This was not fraud, but only an honest misjudgement of my condition on my part.

2. I respectfully request that my reason for discharge be changed to medical-erroneous enlistment. I further request that this change be reflected in my reentry code, that should my conditions be medically corrected, to leave the potential for future enlistment in USMC. Please note that on some of the enclosed forms (from separation processing) my pending separation was referred to as erroneous or as medical-erroneous, i.e. MCRD 1900/17 and "FINAL DISCHARGE INFORMATION/COUNSELING FORM.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter of Support from Veteran Service Office
Copy of DD Form 214
Copy of Record of Military Processing (3pgs)
Copies of Discharge Information (2pgs)
Copy of Recruit Evaluation
Copy of Counseling Form
Copies of Medical Information (9pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                980219 - 980804  COG

 Period of Service Under Review :
Date of Enlistment: 980805               Date of Discharge: 980921

 Length of Service (years, months, days):

         Active: 00 01 17
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 32

 Highest Rank: PVT

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NOB                  Conduct: NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

ENTRY LEVEL SEPARATION/UNCHARACTERIZED, authority: MARCORSEPMAN Par. 6204.3.

 Chronological Listing of Significant Service Events :

980911:  Counseled concerning his entry level separation from the USMC due to dislocated shoulder (left) medical erroneous. SNR dislocated shoulder, claim to have injured shoulder in past, but never received medical care for his injury. Medical recommended entry level separation.

980914:  Commanding officer recommended entry level separation discharge 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 upon enlistment to divulge your pre-service medical (left shoulder pain) which would have effected your eligibility at time of enlistment.

980918:  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.
980918:          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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was separated on 980921 with an Entry Level Separation/Uncharacterized discharge, 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 characterization was proper and equitable but the reason for discharge was inequitable (C and D). The applicant provided documentary evidence to show that his EPTE left shoulder injury was divulged to his Marine Corps recruiter, prior to enlistment and is documented on his entry physical exam. Therefore, his enlistment should not be considered fraudulent. The Board’s vote was unanimous that the reason for discharge should change to Erroneous Enlistment/Reenlistment. The Board does not have the authority to change the reenlistment code. The applicant will have to petition the Board of Correction of Naval Records (BCNR) to have his reenlistment code changed.

 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 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      


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