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USMC | DRB | 2001_Marine | MD01-00804
Original file (MD01-00804.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD01-00804

Applicant’s Request
The application for discharge review, received 010522, 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 011218. 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 /ERRONEOUS ENTRY, authority: MARCORSEPMAN Par. 6204.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I believe an error was made in the processing of my DD Form 214 based upon the Command Officer's recommendation. The Commanding Officer stated in document 1 that no fraud had occurred in my reasons for discharge and that my enlistment was not defective or erroneous. Thank you for your time.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Commanding Officer's Recommendation for Discharge dtd 000504

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                000225 - 000312  COG

 Period of Service Under Review :
Date of Enlistment: 000313               Date of Discharge: 000510

 Length of Service (years, months, days):

         Active: 00 01 28
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 79

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                          Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

*No Marks Found in service record

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED/ERRONEOUS ENTRY, authority: MARCORSEPMAN Par. 6204.2.

 Chronological Listing of Significant Service Events :

000421:  Medical evaluation by Naval Medical Center, San Diego CA: 19 year old male with history of tremors of hands and legs, first noticed about age 7. Has become more pronounced over the years. Workup as a child yielded non-diagnosis by pt history. Also has developed significant shin splints at boot camp. Now on crutches for this. Tremor involved hands and feet but no head or voice. Stressors worsen the syndrome. Alcohol noted to improve the tremor.
                   Impression: Exam C/W essential tremor
                  Recommendation:
1 - CBC, CHEM, CU, CERULOPLASMIN, RPR, TSH, B12, FOLATE, SED RATE, HEAVY METALS.
2 - BRAIN MRI
3 - F/U AFTER STUDIES.
000502:  Branch Medical Clinic, MCRD, San Diego, CA (Sports Med):
Verification Process: Exam, history, MRI, Neurology consult
Diagnosis: Essential Tremor (EPTE)
Referred for administrative Entry Level Separation.
Member dos not meet the minimum standards for enlistment, member has not incurred injury and/or has not aggravated pre existing defects by active military service. Member's present condition is considered "Not Physically Qualified". Member's condition is unlikely to change if retained.

000505:  Applicant notified of intended recommendation for discharge with an entry level separation (uncharacterized) by reason of defective enlistment and induction due to a erroneous entry as evidenced by pre-service medical condition - Bilateral Hand Tremors.
000505:  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.

000505:  Commanding officer recommended discharge with an entry level separation (uncharacterized) by reason of convenience of the government due to pre-existing medical condition. The factual basis for this recommendation was based on medical diagnosis of a pre-existing condition - Benign Essential Tremor throughout the body. Member has uncontrollable shakes especially when stressed.

000523:  GCMCA [CG, MCRD/WRR San Diego] directed the applicant's discharge with an entry level separation (uncharacterized) by reason defective enlistment and induction due to erroneous entry into the U.S. Marine Corps.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000510 with an entry level separation (uncharacterized) 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).

Issue 1. On page 2 of the form MCRD 1910/22, dated 000505, the Commanding Officer notified the applicant of the intended recommendation for discharge with an entry level separation (uncharacterized) by reason of defective enlistment and induction due to a erroneous entry as evidenced by pre-service medical condition - Bilateral Hand Tremors. On the same page, the applicant was 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. Relief based on this issue is denied.

The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.



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      


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