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USMC | DRB | 2001_Marine | MD01-00309
Original file (MD01-00309.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD01-00309

Applicant’s Request
The application for discharge review, received 010122, 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 did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010808. 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/ FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MARCORSEPMAN Par. 6204.3.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 To whom it may concern,
My Name is J_ A_ G_ (Applicant). I was recruit at Parris Island, 960311. I was discharged from basic training on 960326. I feel that the discharge I was given was incorrect. I received an Entry Level Separation, Uncharacterized, Re-entry code of
RE-3P, but with a narrative reason for separation, which states Fraudulent Entry into the Marine Corps (admin discharge board not required). I do not understand how I "fraudulently" entered the Marine Corps. At the time of entry into the Marine Corps, I was having episodes of stomach attacks, as to which I informed Sgt. M_ about. There was no prognosis as to why I was having these "attacks". As I stated, I informed Sgt. M_ of these "attacks", even submitting a bottle of Zantac, and a prescription of stated medication. Sgt. M_ took the two items (Zantac & prescription), and I was told that he would take care of it. The doctors at St. Luke's Hospital in New Bedford, informed me that I should not worry about the "attacks" that I was experiencing, that it happens to people everyday. I shipped out to basic training, and everything was all right, until I had an "attack" on 961403. After being medically treated, I was informed that I was going to be discharged. I spoke to my senior drill instructor, and begged him to stay. Understandably, it was out of his hands. I was sent to a casual platoon, waiting to be discharged. I'm asking you to please review my case. I wanted to make a career of the United States Marine Corps, and then work in Law Enforcement. I don't think having a discharge like I have is going to help me in life, in anything that I attempt to do. Please review my case. I would greatly appreciate it.

Thank You Very Much (Applicant)

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
 Character Reference letter dtd Oct 26, 2000 from Officer R_ D. L_, New Bedford Police Dept
Character Reference letter dtd Oct 15, 2000 from G_ L_, employer

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
Active: USMC     930126 - 930210  Uncharacterized (Entry level
performance and conduct)
 Inactive: Inactive: USMCR(J)     960308 - 960310  COG

 Period of Service Under Review :
Date of Enlistment: 960311               Date of Discharge: 960326

 Length of Service (years, months, days):

         Active: 00 00 16
         Inactive: None

 Age at Entry: 21                          Years Contracted: 5

 Education Level: 12                        AFQT: 46

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: No Marks             Conduct: No Marks

 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 :

960119:  Emergency Room Medical evaluation: This is a 21 year old male who presents complaining of diffuse abdominal pain which started this morning, generally located in the upper abdomen more than the lower abdomen. He had one episode of vomiting today, and he was not vomiting any blood. The patient does have a history of ulcers. He has been on Zantac in the past but is not taking any medication currently. He has no current primary care physician.

960315:  Medical: Pt presents stating he had stomach pain start last p.m. He describes it as an extremely painful cramping/stabbing. He relates a history of this with episodes occurring in the last year. He recalls being treated with IV fluids. Placed on 150mg Zantac twice a day for a couple of weeks with no improvement.

960317:  Gastroenterology: 21 year old male with fraudulent enlistment. History of pylorospasm. Functional bowel disorder.
         Recommend: Follow through with med Board which has already been initiated.
960318:  Applicant's Statement

 960320:  Applicant notified of intended recommendation for discharge with an uncharacterized (level entry) by reason of defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps - pre-service undisclosed ulcers.
960320:  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.

960321:  Commanding officer recommended uncharacterized (entry level) discharge reason of defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps . The factual basis for this recommendation was admission to pre-service medical condition - undisclosed ulcers. Additionally, improper recruiting procedure alleged but not sustained.

960321:  GCMCA [CG, MCRD/Eastern Recruiting Region] directed the applicant's discharge with an uncharacterized (entry level separation) 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 960326 with an uncharacterized (entry level) 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 response to the applicant’s issue, the Board determined that the only discharge characterization warranted by the applicant is uncharacterized (entry level separation).
Uncharacterized discharges are normally given to those servicemembers who serve less than 180 days and the Board found no errors or injustices evident in the applicant’s service record that would warrant a change. In addition, the applicant requested that his discharge be changed to a general discharge. If the Board changed the applicant’s discharge to general, it would, in effect, be a downgrade since an uncharacterized discharge is not considered to be an adverse discharge. The Board cannot grant relief concerning the applicant’s issue.

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 “ afls10.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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