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USMC | DRB | 2002_Marine | MD02-00706
Original file (MD02-00706.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD02-00706

Applicant’s Request
The application for discharge review, received 020415, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. The Applicant requested a documentary record discharge review. The Applicant listed Veteran's Service Office as the 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. I am submitting information to hopefully change my Uncharacterized Discharge to General Under Honorable Conditions or possibly Honorable Conditions.
I realize now that I did not make good decisions, but my father was very ill at the time and I didn't know what to do. Then to add to the problems I was having I was put on a strict diet and was told I had to lose weight. My metabolism was so fast I burned up everything I put in my mouth, and I was hungry at night when I went to bed. Seems I just never got enough to eat, or so I thought.
I do ask that you reconsider the type of my discharge and change it for me. I have been a good citizen since being released from the Marine Corps and I would like to join the police force. I don't think I will be given the chance to become a police officer with an uncharacterized discharge.
Please do not hold the decisions I made four years ago against me for the rest of my life.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Statement from Applicant, undated
Letter from Applicant's parents dated March 21, 2002
 Character reference dated February 13, 2002
 Applicant's DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                980213 - 980302  COG
Period of Service Under Review :
Date of Enlistment: 980303               Date of Discharge: 980326
Length of Service (years, months, days):

          Active: 00 00 24
          Inactive: None

 Age at Entry: 24                          Years Contracted: 4
Education Level: 12                        AFQT: 84

 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 for review.
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 :

980316:  Medical evaluation by MHU, Branch Medical, MCRD, for depression and anxiety. Diagnosis: Adjustment disorder with mixed disturbance of emotions and conduct. MHU recommends ELS.
980317:  Commanding Officer recommended entry level separation by reason of entry level performance and conduct. The factual basis for this recommendation was due to the failure to adapt to the USMC environment.

980323:  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.
980323:  Applicant notified of intended recommendation for entry level discharge (uncharacterized) by reason of entry level performance and conduct as evidenced by the failure to adapt to the USMC environment.
980323:  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.
980325:  GCMCA [Commanding General, Marine Corps Recruit Depot, San Diego, CA] directed the Applicant's discharge with uncharacterized service (entry level separation) by reason of entry level performance and conduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 980326 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. The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested in the issue. 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 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.
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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