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USMC | DRB | 2002_Marine | MD02-00367
Original file (MD02-00367.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD02-00367

Applicant’s Request
The application for discharge review, received 020130, requested that the characterization of service on the discharge be changed to honorable. 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 021008. 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

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's letter to the Board dtd Jan 15, 2002 (2 pages)
 Character Reference ltr from former employer, R.A.D Home Improvements, dtd Jan 15, 2002
SUNY/College at Old Westbury Congratulatory Letter concerning grade point average dtd Jan 21, 1997
 Applicant's College Transcript (3 pages)
 Copy of DD Form 214 (2 copies)
Recruit Evaluation Card (5 pages)
 Chronological Record of Medical Care (3 page) dtd May 1992
 Administrative Discharge Package (6 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                911127 - 920308  COG
Period of Service Under Review :
Date of Enlistment: 920309               Date of Discharge: 920508

 Length of Service (years, months, days):
         Active: 00 02 00
          Inactive: None
Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 70
Highest Rank: PFC

 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/ Entry Level Performance and Conduct, authority: MARCORSEPMAN Par. 6205.

 Chronological Listing of Significant Service Events :

920316:  Counseled on importance of body weight and personal appearance. Applicant understands that he must stay on his diet and work hard to get down to an acceptable weight.
920320:  Counseled on personal appearance problems. Assigned to weight control and fully understands what is expected of him.
920404:  Counseled on being dropped to MRP due to a musculoskeletal chest pain. Recruit is 19 years old from Kings Park, NY, first felt chest pain on 920326 while marching to hair cuts. Recruit appears to be a motivated recruit who desires to be a Marine. However, due to his excess light duty status it would be unfair for recruit to remain in training at this time. Recruit is subject to new DOR Program at recruit training.
920404:  Recruit dropped to MRP due to chest pain.

920501:  Counseled for deficiencies in performance and conduct [not showing the ability to successfully complete recruit training, not adapting to the Marine Corps way of life and disciplinary violation, specifically an apathetic attitude toward training, a lack of maturity, and an erratic and deviant behavior pattern that make applicant’s value to the Marine Corps questionable]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920501:  Mental Health Unit, MCRD, Parris Island, SC: Medical consult for overdose on Motrin, Penicillin, Norgesic Forte, Anaprox Indocin - 40 tables. Pt reported taking the pills "I wanted to be dead or go home." "I took the pills because I thought there was no other way to go home." Pt reports joining the Marine Corps because "I thought it would help with my outlook on life." Denies suicidal ideations at present "It will hurt too much."
 Diagnosis: Adjustment Disorder with mixed disturbance of emotion and conduct. Avoidant personality traits.
 Plan: (1) Entry Level Separation for failure to adapt is strongly recommended. This recruit has minimal potential for useful military service and cannot reasonably be rehabilitated. He is at increased risk for suicide if retained in recruit training. (2) "Shadow" until discharge to ensure safety. (3) Low stress status. (4) MHU follow up until discharge. (5) RE-4 code.
920505:  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.
920505:  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.
920506:  Commanding Officer recommended entry level separation by reason of entry level performance or conduct. The factual basis for this recommendation was due to recruit's failure to adapt to the Marine Corps environment.

920508:  GCMCA [CG, MCRD/Eastern Recruiting Region, Parris Island] approved the applicant's discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920508 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 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 is therefore 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. 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. Representation at a personal appearance hearing is recommended but not required.


Pertinent Regulation/Law (at time of discharge)
A.       Marine Corps Separation and Retirement Manual, (MCO P1900.16D, effective 890627), 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 “ 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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