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USMC | DRB | 2002_Marine | MD02-00465
Original file (MD02-00465.rtf) Auto-classification: Denied


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


ex-PFC, USMCR
Docket No. MD02-00465

Applicant’s Request
The application for discharge review, received 020228, requested that the characterization of service on the discharge be changed to honorable. 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 021105. 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 and narrative reason of the discharge shall not change. The discharge shall remain: UNCHARACTERIZED/ FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MARCORSEPMAN Par. 6204.3.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted

 1. (Equity Issue) MARCORSEPMAN directives indicating that members being processed for separation with less than 180 days of active duty service will normally be assigned a non-punitive Uncharacterized (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:
Letter from California State University Long Beach dated April 22, 2002
Copy of Applicant's DD Form 214 (2 copies)
Statement from Applicant
Letter from Principal, Los Alamitos Unified School District dated October 29, 2001
Copy of final report for the 1996-1997 school year
Copy of letter from U.S. Department of Justice, Federal Bureau of Investigation dated July 30, 1999
Letter from Los Alamitos Police Department dated April 10, 2000
Copy of Varsity Athletic Award dated June 5, 1998
Letter from Coast Hills Community Church, undated
Psychiatric evaluation dated January 24, 2000
Recommendation letter from a SSgt, USMC for further military service dated July 8, 1999
Copy of rental agreement and/or lease dated January 1, 2001
Letter from Pastor, Morning Star Christian Church dated October 17, 2001
Letter from Pastor, Victory Campus Ministries dated November 14, 2001
Copy of California Department of Motor Vehicles report dated November 7, 2001
Copy of criminal history record check dated January 25, 2001
Copy of certificate of achievement dated November 1996
Copy of Student of the Cycle dated December 5, 1996 - January 29, 1997
Copy of Employee of the Week dated July 15, 1996
Copy of certificate dated April 1997
Copy of certificate of recognition dated April 2, 1998
Copy of job reference dated July 15, 1999
Character/job reference dated August 31, 1999
Copy of certificate of completion dated June 10, 2000
Character reference dated July 8, 1999
Copy of certificate of membership dated November 19, 2000
Twenty-seven pages from Applicant's service records
Transcript of students progress dated March 20, 2000
Transcript from Long Beach City College dated December 18, 2002
Transcript from Saddleback College dated December 18, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: None

 Period of Service Under Review :
Date of Enlistment: 980930               Date of Discharge: 990302
Length of Service (years, months, days):

          Active: 00 04 28
          Inactive: 00 00 05

 Age at Entry: 18                          Years Contracted: 8
Education Level: 12                        AFQT: 65
Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.1 (2)                       Conduct: 4.1 (2)

 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/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MARCORSEPMAN Par. 6204.3.

 Chronological Listing of Significant Service Events :

981005:  Applicant assigned to IADT.

990119:  Medical evaluation by clinical psychology:

         AXIS I: Occupational problem
         AXIS II: Personality disorder NOS with antisocial and borderline features.

990209:  Applicant notified of intended recommendation for an uncharacterized discharge by reason of defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps.

990209:  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.

990209:  Commanding Officer recommended an uncharacterized discharge by reason of defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps. The factual basis for this recommendation was failure to disclose pre-service treatment for personality disorder. Had this been made known to medical and military authorities at the time of enlistment, eligibility for military service may have been adversely affected.

990222:  GCMCA [Commanding General, Marine Corps Base] directed the Applicant's uncharacterized discharge by reason defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant received an uncharacterized discharge on 990302 by reason of 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. 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 six 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 denied.
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.
The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. The Applicant did not provide sufficient documentation to overcome the presumption of regularity concerning the Applicant’s admission on 990119 of pre-service psychiatric therapy and corresponding failure to document the treatment during his enlistment physical. This action constituted a fraudulent enlistment. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. 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 . 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 “ 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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