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USMC | DRB | 2002_Marine | MD02-00236
Original file (MD02-00236.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD02-00236

Applicant’s Request
The application for discharge review, received 020109, 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. Subsequent to the application, the applicant obtained representation by the American Legion.

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/ INVOL DIS (NO BOARD ENT) (ERRONEOUS ENTRY ALCOHOL ABUSE), authority: MARCORSEPMAN Par. 6204.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. (Equity Issue) MARCORSEPMAN directives indicating that members serving less than 180 days of active duty will be assigned a non-punitive Uncharacterized (Void or Entry Level Separation) aside, 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
Character Reference letter from 1LT M_ G. F_ dated 12 Feb 2002
Character Reference letter from 1LT E_ S. A_ dated 3 Feb 2002
Character Reference letter from SFC C_ C_-M_ dated 12 Feb 2002
Washington State Patrol criminal history record received Apr 22, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                950428 - 950604  COG

 Period of Service Under Review :
Date of Enlistment: 950605               Date of Discharge: 950615

 Length of Service (years, months, days):

         Active: 00 00 11
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 10 (GED)                 AFQT: 47

 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 book.

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

UNCHARACTERIZED/INVOL DIS (NO BOARD ENT) (ERRON ENTRY ALCOHOL ABUSE), authority: MARCORSEPMAN Par. 6204.2.

 Chronological Listing of Significant Service Events :

950428:  DD Form 398-2, Record of Military Processing- Armed Forces of the United States, applicant answered "no" concerning Drug/Alcohol Use.

950607:  Recruit Screening Exam: Symptom - Asthma by history. Member screened utilizing DSM-IV criteria for psychoactive substance dependence and meets DSM IV criteria 1, 3, 4, 6, 7 & 13.
         Assessment: There is evidence of psychoactive substance dependence.
         Recommend: Entry Level Separation.
950612:  Applicant notified of intended recommendation for discharge with an uncharacterized service (entry level separation) by reason of defective enlistment and induction due to erroneous entry - pre-service alcohol abuse.
950612:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
950614:  Commanding officer recommended discharge with an uncharacterized service (entry level separation) by reason of defective enlistment and induction due to erroneous entry (alcohol abuse). The factual basis for this recommendation was member was screened by medical and found to meet DSM-IV criteria for substance dependency.

950615:  GCMCA [CG, MCRD, San Diego, CA] directed the applicant's discharge with an uncharacterized service (entry level separation) by reason of defective enlistment and induction due to erroneous entry (pre-service alcohol abuse) into the U.S. Marine Corps.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 950615 with an uncharacterized service (entry level separation) by reason of defective enlistment and induction due to erroneous enlistment alcohol abuse (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 one month on active duty 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 denied.

The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. The Board found no indication the applicant was unfairly denied any rights concerning his service and discharge. 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. 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 P1900.16D, effective 890627 until 950817), 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 “ 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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