Search Decisions

Decision Text

USMC | DRB | 2001_Marine | MD01-00348
Original file (MD01-00348.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD01-00348

Applicant’s Request
The application for discharge review, received 010129, requested that the characterization of service on the discharge be changed to honorable or general under honorable conditions. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293. Subsequent to receiving the application, the applicant obtained representation from the Veterans of Foreign Wars.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010822. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an inequity in the characterization of the applicant’s service. The Board’s vote was four to one that the character of the discharge shall change to: GENERAL (UNDER HONORABLE CONDITIONS)/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MARCORSEPMAN Par. 6204.3.











Issues

1. I was given an Other than Honorable discharge for not telling the Marine Corps about a steel rod in my left leg and a very weak left knee. This type of discharge prevents me from enlisting in the Navy. I will not make the same mistake. I still very much want to be in the service. I have no legal documents or official statements to submit as addition issues except for a desire to be in the military. On the chance that it might help, I'm also submitting letters from friends and family with additional reasons for the upgrade of my discharge. They will not be changed from how they write them and I have not coached them in what to say. They only know I want to get back in and agree that I should.

Please send a reply as soon as possible. Thank you very much for your time.

2.We contend that this type of separation is excessively harsh and ask that it be changed to honorable or General Under honorable Conditions.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character reference dated November 27, 2000
Character reference dated November 15, 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)                990209 - 990307  COG

 Period of Service Under Review :
Date of Enlistment: 990308               Date of Discharge: 991210

 Length of Service (years, months, days):
         Active: 00 09 03
          Inactive: None
Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 93
Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 2.9 (3)                       Conduct: 2.9 (3)

 Military Decorations: None
Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MARCORSEPMAN Par. 6204.3.

 Chronological Listing of Significant Service Events :

990716:  Mental Health evaluation for manic depression. Assessment: Past history of extensive psych problems before enlistment, previously not reported. Axis I: R/O bipolar disorder, Axis II: R/O personality disorder NOS (borderline schizotypal avoidant).
990722:  Applicant's voluntary statement found in service record.

 991004:  Medical Board notification: Applicant has been evaluated and will appear before a medical board. The diagnosis is recurrent subluxation of patella. Limitations are: No PFT, prolonged running, non-deployable. The anticipated disposition of the medical board is: discharge, Enlistment in Error, Existed Prior to Service (EPTS).

991020:  Applicant notified of intended recommendation for discharge with an under other than honorable conditions by reason of defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps.
991020:  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.
991020:  Commanding officer recommended discharge with an under other than honorable conditions 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 your false official statement. You failed to initially disclose during the induction process your significant preservice history regarding you tibial/fibular fixture of left leg.
991208:  SJA review determined the case sufficient in law and fact.
991208:  GCMCA [Commanding General, Marine Corps Base, Camp Pendleton] directed the applicant's discharge with an under other than honorable conditions 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 991210 with an under other than honorable conditions 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 but inequitable (C and D).
Issue 1. The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested in the issue. The Board’s charter limits its review to a determination on the propriety and equity of the discharge. This discharge has been determined to be proper. The NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Reenlistment policy of the naval service is promulgated by the Commander, Navy Personnel, Pers 814, 5720 Integrity Drive, Millington, TN 38055, and the Commandant, United States Marine Corps, Code MMPE-5, Washington, DC 20380-3001. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief on this issue is denied.
Issue 2. Based on the applicant’s service and medical records, the Board found evidence that the type of discharge the applicant received was inequitable. The Board found no indication of misconduct that may have warranted separation under other than honorable conditions. Further, there was no record of counseling that was required when the applicant received his low performance and conduct marks (A). Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to General (under honorable conditions).



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.

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      


Similar Decisions

  • USMC | DRB | 2001_Marine | MD01-00369

    Original file (MD01-00369.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Applicant's ltr to the Board dtd Feb 18, 2001 Copy of DD Form 214 (2 copies 1999 Blinn College Student Schedule PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 980624 - 990606 COG Period of Service Under Review :Date of Enlistment: 990607 Date of Discharge: 000112 Length of Service...

  • NAVY | DRB | 2004 Marine | MD04-00179

    Original file (MD04-00179.rtf) Auto-classification: Denied

    MD04-00179 Applicant’s Request The application for discharge review was received on 20031107. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. ” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Letter of Achievement from Phi Theta Kappa, Honor...

  • USMC | DRB | 2003_Marine | MD03-01058

    Original file (MD03-01058.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. After some personal time, I want to serve my country along with those who already are.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active:...

  • USMC | DRB | 2000_Marine | MD00-00678

    Original file (MD00-00678.rtf) Auto-classification: Denied

    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). 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...

  • NAVY | DRB | 2004 Marine | MD04-00507

    Original file (MD04-00507.rtf) Auto-classification: Denied

    Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNCHARACTERIZED/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MARCORSEPMAN Par. This condition was not documented during the Applicant’s initial enlistment physical evaluation nor was a waiver granted for his unfitting condition.Unreadable: Applicant notified of intended recommendation for discharge with an entry level separation (uncharacterized) by reason of defective enlistment and induction due to a...

  • NAVY | DRB | 2004 Marine | MD04-00748

    Original file (MD04-00748.rtf) Auto-classification: Denied

    In accordance with 32 C.F.R., section 724.166 and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) and following statement in supplement to this Applicant’s petition. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Hepatitis Test Results (3 pages) Copy of DD Form 214 VA Claim to NDRB (2 pages) VA Claim Applications...

  • USMC | DRB | 2003_Marine | MD03-00531

    Original file (MD03-00531.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Had relevant facts been fully known at the time of enlistment, his eligibility for military service may have been adversely affected.000131: After certifying understanding of his Article 31 rights, Applicant provided voluntary statement that he did not inform anyone of the military status of his back injuries from a car accident on 970408. PART IV - INFORMATION FOR THE...

  • USMC | DRB | 2002_Marine | MD02-01142

    Original file (MD02-01142.rtf) Auto-classification: Denied

    MD02-01142 Applicant’s Request The application for discharge review, received 020801, requested that the characterization of service on the discharge be changed to honorable. 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).Issue 1. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable.

  • USMC | DRB | 2003_Marine | MD03-01420

    Original file (MD03-01420.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 000626: Applicant notified of intended recommendation for discharge with an under other than honorable conditions by reason of defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps. PART IV - INFORMATION FOR THE APPLICANT If you believe that the decision in your case is unclear, not responsive to the issues you raised,...

  • NAVY | DRB | 2004 Marine | MD04-00182

    Original file (MD04-00182.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant’s service record did not contain any unusual circumstances during his twenty-four days in the military to warrant a change of discharge to “honorable.” 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...