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USMC | DRB | 2002_Marine | MD02-00703
Original file (MD02-00703.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD02-00703

Applicant’s Request
The application for discharge review, received 020422, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030124. 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. To Whom It May Concern:

My name is (Applicant). I am currently trying to reenlist into the United States Marine Corps. I was in recruit training in 1997 and got into trouble. Before the incident I am speaking of I went to the medic for a pain I was having and was put on light duty. I disobeyed a direct order from my drill instructor. I was told to fall out for "PT", and I refused. I thought that I was supposed to stay on light duty until told other wise. That was the reason I did not fall out for PT. I was very confused as to what I was to do. I obviously made the wrong decision. I have thought about that moment many times since and regret what I did. I have matured in the years that have passed. I have a daughter now and want to have a solid career, something that I can be proud of, something that my family will be proud of, and, I feel that the Marine Corps can give that to me. I made a foolish, immature and thoughtless mistake. I disobeyed a direct order and was discharged from recruit training. I was very immature at the time and did not know fully what I was doing.

Now, in 2002, I have thought my decision through now would like another chance. I have done a lot of growing up and have thought about my actions in the past. I would like a second chance, and that is why I write to you today. I would like the honor and direction back in my life as I felt before. I feel that the Marine Corps would give that to me. I also feel that I could make good contributions to the Marine Corps.

As I said before I made a foolish mistake and would like to go back through recruit training and prove to myself and to Marine Corps that (Applicant) does have what it takes to a United States Marine. I would like to hold my head up high, stand straight and tall and feel proud to say, I have become a Marine. I would like the Honor that makes a Marine proud, the Commitment that drives a Marine to become more than what he once was, and the courage to stand up for the rights of these United States. I know that I was wrong in the decision in which I made. I ask you not to hold the immature mistakes of the past against me and for a second chance, a chance to let me prove that I am worth the time and effort.

Sincerely:

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214 (Member 1 and 4)
PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                970625 - 970825  COG

 Period of Service Under Review :
Date of Enlistment: 970826               Date of Discharge: 971002

 Length of Service (years, months, days):

         Active: 00 01 07
         Inactive: None

 Age at Entry: 19                          Years Contracted: 5

 Education Level: 12                        AFQT: 56

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMA*                          Conduct: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

*No Marks Available.

 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 :

970916:  NJP for violation of UCMJ, Article 90: Willfully disobey a lawful command from superior commissioned officer on 1430, 970913, to wit: fall out for PT, violation of UCMJ, Article 91 (2 specs): (1) Willfully disobey a lawful order from SSgt, a staff noncommissioned officer, on 1430, 970913, to wit: to fall out for PT, (2) Willfully disobey a lawful order from SSgt, a staff noncommissioned officer on 1430, 970923, to wit: to fall out for PT, violation of UCMJ, Article 92: Violate a lawful general order, to wit: DepO P1510.30J, (Chap 11-7), Marine Corps Regulation, dated 970913, by disobeying a lawful order to train on 1430, 970913.
         Award: Forfeiture of $194 per month for 1 month, restriction and extra duty for 14 days. Not appealed.
970919:  Medical evaluation by Branch Medical Clinic, Marine Recruit Depot, San Diego, CA:

         AXIS: Adjustment disorder DM. R/O Dysthymia.
970924:  Commanding Officer recommended entry level separation by reason of
entry level performance and conduct. The factual basis for this recommendation was breaches of military discipline.
970929:  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.

970929:  Applicant notified of intended recommendation for entry level discharge (uncharacterized) by reason of entry level performance and conduct as evidenced by breaches of military discipline.
970929:          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.

971001:  GCMCA [Commanding General, Marine Corps Recruit Depot, San Diego, CA] directed the Applicant's discharge with an uncharacterized separation (entry level) by reason entry level performance and conduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 971002 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 denied.

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.
 Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident 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. 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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