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USMC | DRB | 2003_Marine | MD03-00894
Original file (MD03-00894.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD03-00894

Applicant’s Request
The application for discharge review was received on 20030409. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests 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 20040303. 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: UNDER HONORABLE CONDITIONS (GENERAL)/INVOL DIS (ERRON ENTRY) (OTH),
 authority: MARCORSEPMAN Par. 6204.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:

1. “ I would like to request for my discharge to be upgraded to “Honorable”. I am making this request based on the fact that I was promoted to E-3 just 15 days before being discharged. The Marine Corps enlisted promotion basic policy states that “all promotions must positively contribute to the high standards of leadership and proficiency required for continued combat readiness.” A promotion to lance corporal further requires the commanding officer to determine qualification. Also, the (MCTFS) Marine Corps total forces system identifies those eligible to be promoted. I did meet the commanding officer requirements and the MCTFS to be eligible to be promoted to E-3. I believe these are satisfactory reasons why I should have been given an Honorable discharge.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214 (Member copies 1 and 4)
Warrant for promotion to LCpl
One page from Marine Corps Promotion Manual

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                940506 - 940626  COG

 Period of Service Under Review :
Date of Enlistment: 940627               Date of Discharge: 950515

 Length of Service (years, months, days):

         Active: 00 10 19
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 38

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (2)                       Conduct: 4.5 (2)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 18

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/ INVOL DIS (ERRON ENTRY) (OTH), authority: MARCORSEPMAN Par. 6204.2.

 Chronological Listing of Significant Service Events :

950118:  NJP for violation of UCMJ, Article 86: UA from 1815, 941218 to 2100, 950105.
 Awarded forfeiture of $223.00, restriction and
extra duties for 14 days. Not appealed.
950213:  Medical evaluation by Neurologoy Clinic, NavHosp, CAMPEN, CA. Applicant diagnosed with chronic mixed headaches, EPTE. Recommend Medical Board.

950403:  Medical Board found Applicant unfit for full duty due to chronic mixed headache, EPTE, NSA, CD #7840. Applicant did not meet the standards for enlistment and should be discharged.
950406:  Applicant waived right to be evaluated by the Physical Evaluation Board and requested administrative separation.
950427:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of defective enlistment and induction due to an erroneous entry as evidenced by chronic mixed headaches which were determined by medical authorities to have existed prior to enlistment. Condition is incompatible with continued military service.
950427:          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.
950427:  Commanding Officer recommended discharge general (under honorable conditions) by reason of defective enlistment and induction due to erroneous entry. The factual basis for this recommendation was the Applicant’s chronic mixed headaches which were determined to exist prior to entry and the Applicant’s nonjudicial punishment.

950508:  GCMCA [CG, MCB, CAMPEN, CA] directed the Applicant's discharge general (under honorable conditions) by reason of defective enlistment and induction due to erroneous entry into the U.S. Marine Corps.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19950515 under honorable conditions (general) by reason 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. The fact that the Applicant was promoted fifteen days prior to discharge does not provide a basis for relief. A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he Applicant’s service was marred by award of nonjudicial punishment (NJP) on one occasion. The Applicant’s conduct falls short of that required for an honorable characterization of service. An upgrade to honorable is inappropriate. Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country. 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 P1900.16D, effective 890627 until 950817, 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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