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USMC | DRB | 2000_Marine | MD00-00993
Original file (MD00-00993.rtf) Auto-classification: Denied


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


ex-Pvt, USMCR
Docket No. MD00-00993

Applicant’s Request
The application for discharge review, received 000802, requested that the reason for the discharge be changed to injury or uncharacterized. 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 010301. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned neither impropriety nor inequity in the characterization of the applicant’s service as UNCHARACTERIZED, but found inequity in the basis for the discharge. The Board’s vote was unanimous that relief is warranted and the Narrative Reason for Separation shall change to: SECRETARIAL AUTHORITY (Admin Discharge Board Not Required), SPD JFF1, authority: MARCORSEPMAN Par. 6214.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues

1. The narrative reason for separation should be changed because it gives the impression that I was found guilty of fraud and I did not defraud the Marine Corps. I was a good recruit with no problems until I injured my knee on the obstacle course after more than a month of training.
2. The narrative reason for separation should be changed because all the bumps and bruises that I ever have from sports, I considered minor, healed, and insignificant, prior to my entry into the Marines.
3. The narrative reason for separation is unfair because I was told if I made that statement after being injured I could go home and go to a doctor and it would never affect my future but is has. I was only 18 years old and it will affect me for life.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character reference dated July 21, 2000
Letter from Chief at Shohola Township Police Department dated July 20, 2000
 Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                960327 - 961022  COG
Period of Service Under Review :
Date of Enlistment: 961023               Date of Discharge: 961205
Length of Service (years, months, days):

          Active: 00 01 13
          Inactive: None

 Age at Entry: 18                          Years Contracted: 6
Education Level: 12                        AFQT: 34

 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 :

961113:  Report of Medical Examination upon entry: Applicant failed to disclose internal derangement left knee.
961126:  Applicant notified of intended recommendation for discharge with an uncharacterized by reason of defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps.
961126:          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.
961202:  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 of internal derangement of left knee.

961202:  GCMCA [Commanding General, Marine Corps Recruit Depot/Eastern Recruiting Region, Parris Island, SC] directed the applicant's discharge with an 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 961205 with an uncharacterized 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 nature of the discharge as UNCHARACTERIZED was proper and equitable (C and D) due to the applicant serving less than 180 continuous days on active duty.
In considering the applicant’s issues and request to change the narrative reason for separation, the Board found no evidence the applicant’s knee was deranged to a disqualifying degree prior to his entry into the Marine Corps. The Board determined the applicant was making satisfactory progress throughout recruit training and that the injury suffered during physical training was the immediate cause for his discharge.
The Board agrees with the applicant the characterization of fraudulent entry implies commission of fraud and it is this Board’s determination the applicant neither intended nor committed fraud in the course of his enlistment. The significant stigma of a discharge narrative of fraudulent entry is intended to record serious breaches such as concealment of a criminal conviction or disqualifying citizenship, and is perceived as such by the public. The Board agrees this discharge narrative is an impediment to employment and an impediment unfairly applied to the applicant. Relief granted.
The discharge will remain Uncharacterized (formerly written as Entry Level Separation) but the narrative will be changed to read Secretarial Authority (Admin Discharge Board not Required).
The NDRB recognizes that serving in the Marine Corps is very challenging.
Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. The Board wishes to thank the applicant for his commitment to serve as a United States Marine, and extends every wish for a long, healthy and happy life as an American citizen.

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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