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USMC | DRB | 2003_Marine | MD03-00200
Original file (MD03-00200.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD03-00200

Applicant’s Request
The application for discharge review, received 20021113, 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 20031017. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNCHARACTERIZED/ERRONEOUS ENTRY, authority: MARCORSEPMAN Par. 6204.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted
“1. My discharge was inequitable because I openly submitted all my personal information prior to being accepted for active duty and was later discharged due to this information. I disclosed the fact that I am allergic to bee stings to both my recruiter and my MEPS liaison. They both informed me that since I disclosed the information before arriving at the Marine Corps Recruit Depot, my enlistment status would not be altered. Once on base, I was told that due to my allergy I would be discharged from the Marines. I did everything in my power to remain in the Marine Corps so that I could serve my country honorably. Due to the fact that I did nothing to bring this on myself and was deceived by military personnel, I feel that I do not rightly deserve an Entry Level Separation, but an Honorable Discharge.”
“2. As a subsequent issue, I am requesting that you record a recommendation for reenlistment as part of your decision. I understand that it is not a binding agreement with the Commandant but I would truly appreciate the gesture. After being discharged I have talked to several military personnel including recruiters from every branch of the armed forces and nearly every individual was shocked to hear about my situation. The main reason they were shocked is because they have personally met many soldiers who are allergic to bee stings and even have to carry an allergy kit on their person at all times. If these individuals can be in the military I know I can if you just give me the chance. It would mean everything to me. Another chance to become a Marine and follow my dream to serve my country with extreme heroism. I have tried everything I can to become a Marine, all I ask for is a little help.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Recommendation for Separation and Separation Authority, dtd Apr 17, 2002
Report of Medical History (initial enlistment physical), dtd Jan 8, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR (J)               020108 -020414   COG

 Period of Service Under Review :
Date of Enlistment: 020415               Date of Discharge: 020426

 Length of Service (years, months, days):

         Active: 00 00 12
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 94

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: No Marks Given      Conduct: No Marks Given

 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/ERRONEOUS ENTRY, authority: MARCORSEPMAN Par. 6204.2.

 Chronological Listing of Significant Service Events :

020108:  Enlistment Physical Exam, Report of Medical History: Applicant did list allergy to Bee stings.

020417:  Recruit Screening Exam (SF 600): 19 year old with allergies to Bee Stings. Never intubated. Had to carry and use the Bee Sting Kit. Pt states that he reacts with closed airway and difficulty in breathing. Recommend Entry Level Separation. Does not meet the minimum standards for enlistment.

020417:  Applicant notified of intended recommendation for discharge with an entry-level separation (uncharacterized) by reason of defective enlistment and induction due to an erroneous entry as evidenced by pre-service medical condition – allergic to bee stings.
020417:          Applicant advised of his rights and options under the provisions of article 15-29 of the Manual of the Medical Department.
020426:  Applicant discharged due to Erroneous Entry under the authority of MARCORPSMAN Par 6204.2.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020426 with an entry-level separation (uncharacterized) by reason defective enlistment and induction due to an erroneous 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 a 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 twelve days in the Marine Corps to warrant a change of discharge to "honorable."

The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation shall be considered the equivalent of an honorable or general (under honorable conditions) discharge.

         The Applicant’s heart felt desire to serve his country, as a member of the United States Marine Corps, is commendable. It is unfortunate the Applicant feels he was “deceived by military personnel,” but his "not physically qualified" condition is “unlikely to change” now or in the future.

Issue 2. 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.

 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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