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USMC | DRB | 2002_Marine | MD02-00180
Original file (MD02-00180.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD02-00180

Applicant’s Request
The application for discharge review, received 011211, requested that the characterization of service on the discharge be changed to honorable, as adjusted by representative. The applicant requested a documentary record discharge review. The applicant listed the American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020731. 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. (Equity Issue) MARCORSEPMAN directives indicate that members being processed for separation with less than 180 days of active duty will normally be assigned a non-punitive Uncharacterized (Entry Level Separation). This former member opines that his circumstances are sufficiently extenuating to warrant exception.
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: None
         Inactive: USMCR(J)                960329 - 960428  COG

 Period of Service Under Review :
Date of Enlistment: 960429               Date of Discharge: 960607

 Length of Service (years, months, days):

         Active: 00 01 09
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

 Education Level: 10 GED           AFQT: 32

 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

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

UNCHARACTERIZED/ENTRY LEVEL PERFORMANCE AND CONDUCT, authority: MARCORSEPMAN Par. 6205.

 Chronological Listing of Significant Service Events :

960605:  Medical evaluation by Mental Health Unit:
         AXIS I: Adjustment disorder with depressed mood.

 960606:  Counseled for deficiencies in performance and conduct. [Inability to adapt to military environment.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960607:  Applicant notified of intended recommendation for entry level separation (uncharacterized) by reason of entry level performance and conduct as evidenced by your failure to adapt to the USMC environment.
960607:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

960607:  Commanding officer recommended entry level separation by reason of entry level performance and conduct. The factual basis for this recommendation was failure to adapt to USMC environment.

960607:  GCMCA [Commanding General, Marine Corps Recruit Depot, San Diego, CA] 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 960607 with an entry level separation (uncharacterized) due to entry level performance and conduct (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. By regulation, members discharged within the first 180 days of enlistment are given characterization of service as “Uncharacterized” unless there were unusual circumstances regarding performance or conduct which would merit an “Honorable” characterization. The applicant’s service record did not contain any unusual circumstances during his less than two months in the military to warrant a change of discharge. With respect to non-service related administrative matters, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization. Relief not warranted.

 The applicant 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.


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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