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USMC | DRB | 2000_Marine | MD00-00600
Original file (MD00-00600.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD00-00600

Applicant’s Request
The application for discharge review, received 000406, 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 010201. 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 ex-service member'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 the Marine Corps (administrative discharge board not required), authority: MARCORSEPMAN Par. 6204.3.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. Dear Sirs;

I'm writing to you upon the recommendation of the Red Cross. Unfortunately, I lost my son, (ex-service member), on Christmas Eve of 1999. We could not find his military discharge at the time, but our local American Legion and VFW preformed military services at his funeral. (Ex-service member's) mother and I were divorced and (ex-service member) was living with his mother when he joined the Marines. I had never seen his discharge papers, but was told that part way through boot camp, (ex-service member's) asthma flared up and that he had gotten a medical discharge. (Ex-service member) was very disappointed because he wanted to follow in my footsteps and had also planned on making a career of the Marine Corp although I had only served 4 years. I was shocked and very disappointed last week when I finally received (ex-service member's) DD214 to see that his discharge was unclassified. (Ex-service member) had not had any asthma problems since he was a young boy and we assumed he had outgrown it. (Ex-service member) never gave his childhood asthma a thought when he joined the Corp, he just wanted to serve his country like I did. hurts me to think the military could not give (ex-service member) an honorable discharge after he gave it his best shot and had evidently done well in the short time he served. Not too many make PFC in a months time. I am of the Viet Nam era and after this country forgave all those when ran to Canada when I served, I feel my son deserves an honorable discharge for trying to do what so many others ran from. It is my sincere hope you will assist me in getting (ex-service member's) discharge upgraded to Honorable. If we are unable to obtain a military plaque for his grave, I can't imagine trying to explain it to his seven year old daughter, K_, or his six year old son, D_. D_ clings to the flag that was presented to him at the services and talks of "being a Marine one day like Daddy was". Your prompt assistance in this matter will always be greatly appreciated. Sincerely, (applicant)

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of ex-service member's DD Form 214 (2 copies)
Copy of ex-service member's certificate of death (2 copies)
PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                881021 - 890807  COG

 Period of Service Under Review :
Date of Enlistment: 890808               Date of Discharge: 890908

 Length of Service (years, months, days):

         Active: 00 01 01
         Inactive: None

 Age at Entry: 19                          Years Contracted: 6

 Education Level: 12                        AFQT: 52

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: N/A                           Conduct: N/A

 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 the Marine Corps (administrative discharge board not required), authority: MARCORSEPMAN Par. 6204.3.

 Chronological Listing of Significant Service Events :

890908:  DD Form 214: Ex-service member discharged uncharacterized by reason defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps.

Discharge package, field record book and medical records missing.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 890908 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).

In the applicant’s issue 1, the Board found that the applicant served 31 days of active duty. To qualify for an honorable discharge, regulations require a minimum of 180 days of active duty for this discharge to be awarded. Unfortunately, no relief can be granted. The appropriate discharge was issued for the time served.
Pertinent Regulation/Law (at time of discharge)

 A. Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 890627 until 950817, 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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