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USMC | DRB | 2002_Marine | MD02-00146
Original file (MD02-00146.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD02-00146

Applicant’s Request
The application for discharge review, received 011022, 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 020701. 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/ ENTRY LEVEL PERFORMANCE AND CONDUCT, authority: MARCORSEPMAN Par. 6205.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted
1. I entered the Marine Corps with the sole intention of withholding and completing my contract, due to lack of maturity and irresponsible action I did not complete my time. I would like the opportunity to enter any Armed Force to continue my time in service.

2. My reason for wanting this up-grade is so that I my re-enter any branch of service so I can continue to serve my country.

3. My reason for wanting to separate was due to family problems at home. I acted irresponsible but wanted to help my mother get out of an abusive relationship and did not take the proper steps.

4. I do understand what I did was due to immaturity and not following proper procedures. I have since then grown and is more than willing, if allowed, to serve the United States of America.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's letter of explanation to the Board dtd Feb 1, 2001
Service Record documents (reduction in rate, discharge processing, etc.) (19 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)                990226 - 990718  COG

 Period of Service Under Review :
Date of Enlistment: 990719               Date of Discharge: 991221

 Length of Service (years, months, days):

         Active: 00 05 03
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 53

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.4 (3)                       Conduct: 3.4 (3)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksman Badge

 Days of Unauthorized Absence: None

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

UNCHARACTERIZED /ENTRY LEVEL PERFORMANCE AND CONDUCT, authority: MARCORSEPMAN Par. 6205. [Administratively corrected]

 Chronological Listing of Significant Service Events :

991107:  Field Note: 18 year old female pt that took 10 tabs of 500mg Naproxen. Two Privates informed me that at 1800 PFC (Applicant) took her entire bottle of medication. HA told them to bring her in immediately. Pt has a prior history of personal problems. Pt has seen a chaplin and LT K_ for these problems.
         First impression of Pt was she had an altered mental status, couldn't focus on fingers. Eyes rolled back, and slurred speech. At this time I told staff NCO's to call 911. Took pt into CP, sat her down, instructed female staff to take her blouse off, took vital signs. Pt became cold and unable to support her own weight, so HA laid her on an ISO-Mat on the deck, covered her up, and elevated her feet. At this time Pt began to vomit, rolled her on her left side. No pills seen in vomit. After pt finish vomiting she went in and out of consciousness and stopped breathing. HA applied physical stimulation and used smelling salts. Pt was out for only a few seconds at a time. At 1835 local EMT arrived. We administered oxygen. Pt's level of consciousness became better. Ambulance arrived and transported pt to hospital.
         Assessment: Overdose on 800mg Naproxen and hyperventilated.
         Plan: Call ER and follow-up on pt.

991202:  Naval Hospital, Camp Pendleton (Mental Health): Applicant being treated for Adjustment disorder w/Depressed Mood. Placed on 30 days light duty, cannot operate a Government motor vehicle, no range detail, no handling of weapons or explosives.
         Follow-up on Tue/Thur at 1000, will recommend ELS.
991214:  Administratively reduced to Private (E-1) due to incompetence.

 991214:  Applicant notified of intended recommendation for entry level discharge (uncharacterized) by reason of entry level performance and conduct as evidenced by failure to adapt to the Marine Corps environment.
991214:  Applicant advised of 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.
991216:  Commanding officer recommended entry level separation by reason of entry level performance and conduct. The factual basis for this recommendation was her failure to adapt.

undated:         GCMCA [CO, School of Infantry, Camp Lejeune] directed the applicant's discharge with an uncharacterized (entry level) by reason entry level performance and conduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 991221 with an entry level separation (uncharacterized) by reason of entry level performance and conduct due to failure to adapt to military (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).

Issues 1 and 2. Concerning a change in reenlistment code, 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. 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 is therefore denied.

Issues 3 and 4. The Board found that the applicant’s age, education level, and test scores qualified her for enlistment. While she may feel that her immaturity and family problems were factors that contributed to her actions, the record clearly reflects her willful disregard for the requirements of military discipline and demonstrated that she was unfit for further service. The record is devoid of evidence that the applicant was not responsible for her conduct or that she should not be held accountable for her actions. Relief denied.

The applicant’s discharge characterization accurately reflects her service to her 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. She is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her 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 950818), paragraph 6205, ENTRY LEVEL PERFORMANCE AND CONDUCT.
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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