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USMC | DRB | 2000_Marine | MD00-00678
Original file (MD00-00678.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD00-00678

Applicant’s Request
The application for discharge review, received 000502, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to invalid enlistment caused by Marine recruiter. 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 001206. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety, but no inequity in the reason for the applicant’s discharge. The Board found that there was no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was 3 to 2 that the reason for discharge shall change to: UNCHARACTERIZED/SECRETARIAL PLENARY AUTHORITY, authority: MARCORSEPMAN Par. 6204.3.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. Attached is copy of statement from Medical Disposition officer to Recruit Liason Section. In sum (applicant) was processed for fraudulent enlistment discharge due to allegedly undisclosed attention deficit Disorder. However, (applicant) disclosed this condition to Marine Recruitor D_ and also during the moment of truth. Also, on attached statement from Medical Dispositions Officer states (paraphrasing) that the ADD if known would have precluded him enlisting in the Marines. Thus, it is requested that (applicant's) discharge be changed to honorable based on invalid enlistment caused by Marine recruiter. Finally, (applicant) states "his case in a nutshell".
Seargent D_ had me look at the medical application and before filling it out told me to tell him anything that I was going to put down. I told him about the Ritalin use when I was in elementary school, he said it wasn't important and wouldn't effect my training. He told me not to put it down, so I did not put it down. During the Moment of Truth I stepped up and told the officer about the Ritalin use and also filled out a "Voluntary Statement Form" stating the use of Ritalin, and turned it into the officer in charge of the "moment of truth".

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of medical dispositions dated August 16, 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                990424 - 990808  COG

 Period of Service Under Review :
Date of Enlistment: 990809               Date of Discharge: 990825

 Length of Service (years, months, days):

         Active: 00 00 17
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 77

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMA                           Conduct: NMA

 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 :

990815:  Applicant had suicidal thoughts and referred by Chaplain to Mental Health Unit for evaluation.
990816:  Psychological evaluation by clinical psychologist: Assessment: Avoidant personality with obsessive-compulsive features. Recommendations: Failure to adapt, immediate transfer to casual. Fraudulent screening at Medical Disposition Office re: past history of attention deficit disorder.
990818:  Applicant notified of intended recommendation for administrative discharge by reason of defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps.
990818:  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.

990820:  Commanding officer recommended discharge with an 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 fraudulent for pre-service undisclosed Attention Deficit Disorder.

990820:  GCMCA [Commanding General, Marine Corps Recruit Depot/Eastern Recruiting Region, Parris Island, SC] directed the applicant's discharge as 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 990825 with an 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 reason for discharge was improper but equitable (C and D and E).

In response to the applicant’s issue 1, the Board did not feel there was a deliberate attempt on behalf of the applicant to misrepresent himself to the Marine Corps when enlisting. The applicant fully disclosed his use of Ritalin while at recruit training. The Board found that the applicant may have been incorrectly screened at the medical disposition office, and therefore was not a fraudulent entry into the Marine Corps. Partial relief is granted to the applicant to change the narrative reason for discharge to Secretarial Plenary Authority.

The applicant requested his service characterization be upgraded to honorable. The Board will not grant relief to honorable. The applicant’s service was accurately characterized as “uncharacterized” based on the applicant’s short time in the service (17 days) and the fact that the applicant had no evaluations of record. Service under 180 days is normally characterized as uncharacterized.

 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.

E . The Marine Corps Separation and Retirement Manual,(MCO P1900.16E), effective 18 Aug 95 until present, paragraph 6214, SEPARATION IN THE BEST INTEREST OF THE SERVICE.

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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