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USMC | DRB | 2003_Marine | MD03-01423
Original file (MD03-01423.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD03-01423

Applicant’s Request
The application for discharge review was received on 20030827. 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 from the Veterans of Foreign Wars.

Decision

A documentary review was conducted in Washington, D.C. on 20040608. 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. “Ladies and Gentleman,
Allow me to begin by thanking you for granting an audience to hear this grievance. The purpose of this letter is to obtain a change in my discharge. It is unclassified I would like it changed to honorable. The reason is simple, reenlistment. To answer the first question in your mind, yes I quit early, the reasons for which I intend to elaborate on, in great detail later in this letter. Simply stated they are I was physically and emotionally not able to continue, but the biggest reason is my wife needed me. Once I point out why she needed me I am hoping you will see the dilemma I was in, and why I had no choice. Finally I will state why I not only want back in, why I am worthy and what proof you have of my dependability, reliability and stability.
It is a long story, so I will attempt to be as brief as possible. I do realize that your time is valuable. On 24 April 1994 I was a bored college student and newly wed, so I decided to join the Marine Corps. I was a Music Education Major not really sure what I wanted to do. To begin with I will admit to having an attitude problem that was in serious need of adjusting. I was also a newly-wed, very in love with his wife. She was also seven months pregnant. At the time I was under the impression that this was a dangerous stage in her pregnancy. Should she loose the baby, she might die as well. To make matters worse we were at a college town. Should she start to loose the baby, the nearest trauma center, able to handle this was a three hour flight by air to get there. To make matters worse she was taking some really serious pre-med classes.
I was dealing with all that quite nicely. We had plenty of friends and she was handling it quite well I thought. So, after a sufficient attitude adjustment by some very talented and qualified instructors, I was content to finish my training. This is where things started to go wrong. My health started to fail. The doctors put it his way: “Jet fumes from San Diego international can cause flu like symptoms, which can turn into Pneumonia, which can cause anemia, which will cause joint problems.” In my case it did. I developed some very serious knee problems. I was content to continue with training until my first call home. As I talked to her I heard something very disturbing in her voice. It was not what she said, it was how she said it. I cannot describe her tone, but I will try. It was a tone that said her entire world had fallen apart, like our young relationship was over. It was a depressed and panicked tone that I had never heard in her voice before. She was a strong woman, I knew what she was capable of handling. What ever was bothering her it was serious. I asked what was bothering her, she said that it was not important. She did not want to stress me out any more. At the time I shook it off and continued on.
My knees just got worse, I was surviving on less and less lung capacity due to the pneumonia. I debated telling my instructors. At this time in the training sequence we were at Camp Pendleton preparing to do our fire training. I realized the seriousness of this but soon realized that I could not continue. I needed medical attention right away. I was going to be stuck there for an additional two weeks or more. I could not shake the tone in my wife’s voice. My wife needed me now, that was the problem. I went to my Senior Drill instructor and told him that I wanted to go home and I did not care how.
After being treated at Balboa hospital I was shipped back to MCRD. I want through a series of Psychological evaluations. They asked how things were going and I was told them the difficulties I was having. To which the looked at me and asked” how bad do you want to go home?” To which I replied ” real bad sir!” They put paper under me and said don’t read it, just sign it. Some had me sign blank papers. They added that I really did not want to know what was going to be said. They finished up by saying that if I was smart and really wanted to get home I would just sign it and not say anything. At the last evaluation I finally read what they were saying about me. They were calling me suicidal, to which I denied everything. I discovered several things I told my senior about the difficulty I was having with my bunk-mate. He was a real life version of Private Pyle from Full Metal Jacket. He was dumb as a stump. In fact he gave dumb stumps a bad name! It took 17 times for him to pass the ASVAB. I refused to shoot with him he was a threat and a menace. Every thing I said I feared about him was written that I was going do to me! I was furious but wanted to get home to see what was wrong with my wife. So I denied being suicidal and kept my temper in check. I hated walking away, my father inspired me to serve. He is retired military, that is all I ever wanted from life. The trouble is my wife needed me. I did not know how or why but she needed me. That is all I knew.
When I got home I found out how bad things had gotten. Before I begin what I am about to tell you is fact and can be proven simply with a call to the FBI. Their names are C_ and H_ C_ of Wenatchee Washington. If that is not possible, I may be able to get a copy of the court transcripts and some newspaper clippings. Continuing on, the day I called, she had just got off the phone with her mother. Her father had just been arrested for raping her two younger daughters. Her third youngest daughter had ran away to Seattle to blow the lid off of everything. When I showed up her mother had also been arrested for also raping her own girls. It turns out that my wife had been raped by these two since she was born. I was all she had. She had blocked out her child hood and was panicked and frightened. She could remember nothing. Her family started to play tug of was with her as to who was more guilty and at fault. She could remember nothing from her childhood, she blocked it all out. So she choose to stay out of the court case. She was isolated and alone. My family had disowned us because I joined the Church of Jesus Christ of Latter Day Saints (Mormon). She was under enough stress that she could have lost the baby, had I stayed away longer. She could have died, at least I thought. At that moment I was justified in leaving early.
Before I continue I must ask a question. What should I have done? What should I have taken to my Senior? He was a loving, intelligent and generous man, he would have understood anything reasonable. What should I have done? Should I have said that my wife is having difficulties at home? He would have asked what, I would say I did not know what, she would not tell me. He would ask about the source of my knowledge? The only thing I could have replied was a feeling. I had a feeling, a nagging voice in the back of my head. I would have appeared psychotic, insane and paranoid. He would have disciplined me, put a negative write up in my record and sent me back to training. Since then, we have completely distanced ourselves from her family. Both of us have finished college degrees, I am currently enrolled at Washington State University Music Department as a Graduate Assistant while I work on my Masters Degree. She is a Certified Medical Technologist and working as a laboratory professional.
Why the obsession with service Bands? When I retire from the military it would put me in a position of authority that many directors do not have. I can touch the history of all American music, by at least serving in a military band, to direct would be ideal. All Music in America, at least modern music dating back to the early 20 th century, can trace its origins back to military bands. European music is based on strings, they are very finicky about where they go and how they are transported. They are very susceptible to atmospheric changes and are destroyed easy. Most wind instruments are more durable and easier to fix in the field. Exacticaly what the military needs. Jazz, wind bands and especially Marching Bands in today’s high school get their origins thanks in direct part to service bands, specifically the Marine Corps Band. As a professional Music Educator I feel that it is in my best interest, as such, to serve and study this as a modern historical perspective.
Allow me to continue by proving I am not suicidal. Attached is a personality evaluation from a certified Psychologist in Spokane Washington. It proves me sane and stable. It counters everything the Marine Corps said about me. How I got out was wrong, I also owe the government some time. It is also where I belong so I have been attempting to get back in. With all the grief I have had just to get to this point, if I was suicidal I would be dead by now. I am would make a stable recruit. I have finished Two undergraduate degrees, a BA in General Music and a BAE in Music Education. I am comfortable leading the age group your recruiting right now, 18- 20 something’s. As a Educator I can follow and differ to the more experienced leader, or take charge and lead when asked. I successfully completed Army ROTC’s summer leadership course, with honors.
I ask that my discharge be changed from Unclassified to Honorable for the purpose of reenlistment only. I do not need a VA home loan or insurance. As an educator I have access to some that are equal to or better than the VA’s. I do not need money for College I am almost done. I am also not a confused kid any more, I am sure this is where I wish to be. All I desire is to serve. I would like to audition for the Marine Corps Band, but I am 32 and fear that might not be wise. If I have to serve in the Corps again I will. All I desire is to audition for the Air Force Band. I wish to serve but I also want everyone to be comfortable. So I can show everyone what kind of servant I am and what kind of leader I can make. If necessary I will sign an open contract and serve where told so I can prove my self. I will love the Corps for eternity that is where I belong. All I am asking for is an opportunity to serve in the Air Force, and yes, when an opening comes up be a Band conductor for the Air Force Band. In fact, I am so certain in me and my abilities that I and my estate, would be willing to repay everything that the Federal Government has spent on my military training, this is to include training for the Air Force Band, ROTC and Marine Corps should I die at my own hand or quit early again. I will also personally guarantee that should I fail again I will never darken any ones door way again.
I am more than a little insulted by several things. I have been accused of making up this story, lying or being a conspiracy nut. I do not fear a conspiracy against me directly. I was discussing this matter with several former Drill Instructors a while back and they said no conspiracy. The Psychologists, many of which are reservists, do not have the time to let their doors have a revolving door. Meaning recruits are in and out of counseling” to training. They know what the discharge board needs to see to ensure a discharge the first time through. It is easiest if they fit a category such as suicidal, anxiety or other areas. Some times they come across recruits that don’t fit a discharge category, so they make them “fit” a category. Knowing full well that most recruits are not going to fight it if at all. Truth does not matter here. The Psychologists know what the Discharge Board needs to see for discharge, so they make sure that the Board gets precisely what they need to see. I am also insulted by the notion that today’s military is but a training ground for the real world. The military is nothing more that a way to pay for school. These cowards then start coping out of the war with a Conscientious Objector plea. This upsets me. I am a third generation serviceman, my Grandfather was in WWII and my father in Viet-nam. It is an honor and a privilege to serve, my students and today’s young people in general need the example.
I do not think I am asking for the impossible. Rules are made by man for the benefit of man. When those rules get in the way of justice the rules need amending or a serious look. I fail to see why people are more apt to believe an organization that is known to taint its records. Though the intentions of those serving the Marine Corps were honorable it still is wrong. I am offering the United States Military an option. War is coming, what happens when today’s cowardly recruits discover cheap ways out of serving. These are ways such as suicide and anxiety, people don’t actually have to be suicidal. They only have to tell people that they are. With this knowledge people will leave by the droves. I am trying to offer you a solution to this problem. I am not the only one who made this mistake, I am certain that I am not the last. When war comes the problem needs to be headed off. Millions of recruits such as my self are probably willing to start. I am being completely honest with honorable intentions, I have also proven myself non-suicidal. I am not getting any younger and am determined to get back in. It is where I want to be. I am not asking for a “gamble,” just trusting your training instructors to do their jobs. I am pleading for justice and feel I am worthy of a second chance. I hope you can make a just and fair decision. Please call me if you have questions or doubts.

Sincerely

 J_ E_ S_ Jr ( Applicant )”

Additional issues submitted by Applicant’s representative (Veterans of Foreign Wars):

 2. “Applicant indicated above requested that Veterans of Foreign Wars act as counsel concerning his application. His records were reviewed on December 12, 2003 and the following comments are hereby submitted:

The Applicant was discharge from the Marine Corps on June 6, 1994 from Boot Camp after Approximately two and one half months with an Uncharacterized Discharge because he the Marine Corps said that he fail to adapt to Marine Corps environment. A letter dated April 1,1999 From the Head, Legislative Affairs, Marine Corps Recruiting Command informed the Applicant, That if he would undergo psychiatric counseling and received a favorable diagnosis, that a BUMED waiver would be considered. The Applicant had Psychological Evaluation conducted From June 25, 1999 through June 29, 1999 which was mostly favorably. In addition during post Service, he has earned a Bachelor of Arts Degree in Music, he has successful completed the Reserve Officers Training Corps for the Army. Furthermore has obtain the State of Idaho Education Credential, the State of Washington Professional Education Certificate, the State of Oregon Teacher’s Transitional License and LTC A_ D_ W_, US Army wrote a strong Letter of Recommendation for Mr. S_ ( Applicant ) dated February 5, 1999 for him to be accepted into The Navy School of Music and the granting of a waiver which would allow him to enlist. We fully concur with the Applicant’s contention.

We refer this case to the Board for their careful and compassionate consideration and request the Applicant’s discharge be reviewed for upgraded to Honorable Discharge.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Marine Corps Recruiting Command to Applicant, dated April 1, 1999
Letter from Clinical Psychologist, dated July 2, 1999
Psychological evaluation, dated June 1999
Idaho Education Credential, issued November 23, 2001
State of Washington, Professional Education Certificate, issued January 14, 2000
State of Oregon, Teacher Transitional License, valid June 2, 2000 to June 2, 2003
Letter of recommendation, dated February 5, 1999
Applicant’s DD Form 214
Certificate of completion for the Reserve Officers’ Training Corps Camp Challenge, dated July 29, 1996
Gauntlet Award, dated July 29, 1996
Bachelor of Arts Degree, dated August 14, 1998
Bachelor of Arts in Education Degree, dated December 10, 1999
Applicant’s letter, undated (received by the Board on June 17, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                940226 - 940424  COG

 Period of Service Under Review :
Date of Enlistment: 940425               Date of Discharge: 940606

 Length of Service (years, months, days):

         Active: 00 01 12
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

 Education Level: 16                        AFQT: 67

 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 assigned.

 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 :

940525:  Medical evaluation by Clinical Psychologist: Impression: poor prognosis to complete enlistment. Diagnosis: Axis I: Adjustment disorder with mixed emotional features. Axis II: Schizoid traits. Axis III: Resolving pneumonia, anemia, right knee pain. Recommendation: Entry level separation.

940601:  Counseled for deficiencies in performance and conduct. [Failure to adapt to USMC Environment] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
940602:  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.
930602:  Applicant notified of intended recommendation for entry level discharge (uncharacterized) by reason of entry level performance and conduct

940602:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

940602:  Commanding officer recommended entry level separation by reason of entry level - entry level performance and conduct. The factual basis for this recommendation was your failure to adapt to the USMC environment.

940603:  GCMCA [Commanding General, Marine Corps Recruit Depot, San Diego, CA] directed the Applicant's discharge with an uncharacterized (entry level) by reason entry level performance and conduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19940606 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 two months in the military to warrant a change of discharge to "honorable." Relief denied.

The documentation and statements provided by the Applicant are not, in the Board’s view, sufficient to overturn the presumption that the Applicant was properly diagnosed with an adjustment disorder. The Applicant was diagnosed with an adjustment disorder by a competent medical authority on 940525. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. Relief denied.

Concerning reenlistment, 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. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

The Applicant’s undated later received by the NDRB on 040617 introduced no new issues for the Board’s consideration. As such, the Board did not reconsider the case and the discharge is still considered proper and equitable. 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. Marine Corps Separation and Retirement Manual, (MCO P1900.16D, effective 890627), 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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