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USMC | DRB | 2000_Marine | MD00-00810
Original file (MD00-00810.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD00-00810

Applicant’s Request
The application for discharge review, received 000612, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a documentary record discharge review. The applicant designated the Veterans of Foreign Wars as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010116. 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/ CONDITION IS NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. Before I joined the Marines, I had a 2.38 GPA in architecture at the City College of New York, which I feel proves tat I am a very ambitious person.

2. At this present time, I am trying to get aid to go back to school, but I am being held because of the character of my discharge.

3. My military records will show that I had done nothing out of character in my time of service to deserve an uncharacterized discharge. In addition, those two above issues are also why I feel my discharge should be changed.

4. The financial aide application is submitted as evidence that I am not able to get the necessary aid to go back to school.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
VFW letter dated Oct 25, 2000 providing comments/recommendation
Financial Aid Administrator ltr dated Apr 14, 2000 (2 pages)
High School Diploma
City College of New York transcript (2 pages)
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                981223 - 990104  COG

 Period of Service Under Review :
Date of Enlistment: 990105               Date of Discharge: 990610

 Length of Service (years, months, days):

         Active: 00 05 06
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

Education Level: 14                        AFQT: 35

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (1)              Conduct: 4.1 (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):

UNCHARACTERIZED/CONDITION IS NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :


990511:  Counseled for deficiencies in performance and conduct - willfully disobeying an order. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990514:  NJP for violation of UCMJ, Article 91 (2 Spec):
 Specification (1) - willfully disobeyed an order from 1 st Sgt M_ by refusing to train at Co F, MCT Bn, SOI, MCB, Camp Lejeune.
Specification (2) - willfully disobeyed an order from Cpl M_ to report to Fox Company Bks G533
Awarded forfeiture of $443.00 per month for 2 months (suspended for 6 months), restriction and extra duties for 45 days. Not appealed.
990527:  Counseled concerning your depressive disorder. Advised you will be processed for administrative separation.
990519:  Naval Hospital, Camp Lejeune: 22 year old male diagnosed with depressive disorder. Evaluated at Camp Lejeune Naval Hospital by LT H_ of the Mental Health Clinic. He is unable to complete the training required to continue on active duty due to his depressive disorder. Pt waived his rights to a Physical Exam Board after counseling. He is recommended for an administrative separation due to depressive disorder.
990604:  Applicant notified of intended recommendation for an uncharacterized discharge by reason of physical condition not a disability.
990604:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

990604:  Commanding officer recommended an uncharacterized discharge by reason of convenience of the government due to a condition not a disability. The factual basis for this recommendation was due to a medical condition (depressive disorder) which is so severe as to impair his ability to complete his required entry level training. Due to his condition, he does not possess the physical ability to complete the training required at the School of Infantry.

990609:  GCMCA [CO, School of Infantry, MCB, Camp Lejuene] directed the applicant's uncharacterized discharge by reason of convenience of the Government du to his physical condition, which interferes with the performance of duties.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990610 with an uncharacterized service by reason of convenience of the Government due to condition which is not a physical or mental disability (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 applicant’s issues are non-decisional. At the time of discharge the applicant had not served the minimum time required to qualify for an honorable discharge. The applicant served only 156 days of active duty. To qualify for an honorable discharge, one must serve 180 days. The discharge was proper for the period of time served. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 18 Aug 95), paragraph 6203, CONVENIENCE OF THE GOVERNMENT.

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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