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USMC | DRB | 2003_Marine | MD03-01288
Original file (MD03-01288.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD03-01288

Applicant’s Request
The application for discharge review was received on 20030723. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293. Subsequent to the application, the Applicant obtained representation by the Disabled American Veterans.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040430. 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/ENTRY LEVEL PERFORMANCE AND CONDUCT, authority: MARCORSEPMAN Par. 6205.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“1. During my time in the U.S. Marine Corp, I was going through a lot of problems such as being a father at a young age and going through my parents tough divorce. My mother had a hard time with the divorce she was close to a break down as I learned from her letters. She informed me she needed my help in her letters therefore I asked to be sent home but was told no many times. After many letters from my mother I became very depressed and stressed out and I informed my sgt. I feel like killing myself sometime, because I can’t help my mom at her time of need and this was the reason for my discharge.”
“2. During my time in the marine corp. I had many problems. My parents were going through a serious divorce, which my mother needed my help and I request to be send home but was told no. My mom was close to a nervous break down and losing our house. Next I was placed in PCP for failing the run. Then I was placed in MRP for a long time taking many test getting many different opinions because they though I had a heart problem. After going through all of this I felt really depressed and informed one of my drill instructors that I was very depressed and feel like killing myself sometimes with all of these problems going on and this was the reason for my discharge. I would like your office to please represent my case.
Thank you
A_ D_
A_ D_ [signed]”
Additional issues submitted by Applicant’s representative (Disabled American Veterans):

“3. Dear Chairperson:

After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current Un-Characterized discharge to that of Honorable.

The FSM served on active service from March 24, 1998 to June 8, 1998 at which time he was discharged due to Entry Level Performance and Conduct.

The FSM contends the current discharge is improper because all his problems were created by problems with his family, and his inability to assist them.

This creates a need for a review of the application of the standard, for the Board to determine that the applicant’s discharge was improper. The Board will determine which reason for discharge should have been assigned based upon the facts and circumstances before the Board, including the service regulations governing the reasons for discharge at that time, to determine whether relief is warranted. See, SECNAVIST 5420.174 (c), Par. (f) (1).

As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174C.

Under the premises of equitable relief, we believe the Board can change the current discharge to reflect a General discharge we leave that to a determination by the Board.
We ask for the Board’s careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the applicant.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214 (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                980314 - 980323  COG

 Period of Service Under Review :
Date of Enlistment: 980324               Date of Discharge: 980608

 Length of Service (years, months, days):

         Active: 00 02 15
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 36

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                 Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

*No marks found in service record book

 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 :

980326:  Counseled for deficiencies in performance and conduct. [IST failure.]

980327:  Counseled for deficiencies in performance and conduct. [2 nd IST failure.]

980331:  Counseled for deficiencies in performance and conduct. [Poor performance at PT.]

980418:  Counseled for deficiencies in performance and conduct. [Failing individual run.]

980524:  Psychological Evaluation of Applicant. Assessment: suicidal. Recommendation: Failure to adapt, immediate transfer to casual.

980528:  Counseled for deficiencies in performance and conduct. [Bad attitude.]

980531:  Counseled for deficiencies in performance and conduct. [Not showing the ability to successfully complete recruit training, not putting forth reasonable effort at all times, not adapting to the Marine Corps’ way of life.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980603:  Applicant notified of intended recommendation for entry level discharge (uncharacterized) by reason of entry level performance and conduct as evidenced by failure to adapt to Marine Corps environment.
980603:          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.

980604:  Commanding Officer recommended entry level by reason performance and conduct. The factual basis for this recommendation was failure to adapt to the Marine Corps environment.

980604:  GCMCA [CG MCRD PISC] directed the Applicant's discharge.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980608 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).

Issues 1, 2. By regulation, members discharged within the first 180 days of enlistment are given characterization of service "Uncharacterized" unless there were unusual circumstances regarding performance or conduct, which would merit an "honorable" characterization. Applicant's service record did not contain any unusual circumstances during his less than four months in the military to warrant a change of discharge to "honorable.” The NDRB found that the Applicant's service was equitably characterized. The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, civilian employment, educational pursuits, etc., an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge. Relief denied.

Issue 3. The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and/or the reason for discharge if such change is warranted. There is no evidence of impropriety or inequity in the Applicant’s discharge. Relief Denied

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. 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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