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NAVY | DRB | 2004 Marine | MD04-00179
Original file (MD04-00179.rtf) Auto-classification: Denied


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

ex-PVT, USMC
Docket No. MD04-00179

Applicant’s Request
The application for discharge review was received on 20031107. 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 a representative on his DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040628. 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 OTHER THAN HONORABLE CONDITIONS/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MARCORSEPMAN Par. 6204.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

 Issue 1: “Dear Distinguished Officers of the Review Board,

I would like to make this statement as brief as possible while being sincere and frank also. I was discharged from the Marine Corps for failing to reveal a history of psychiatric treatment and diagnosis for fear that such information would classify me as unworthy of receiving the honor and title of United States Marine. I was young, I was immature and most importantly, I was not healthy. I sought the Marine Corps because I wished to overcome the behaviors and thought processes that classified me as "legally insane" and as a risk to family and myself. I felt that the Marine Corps would be able to teach me positive values such as honor, discipline, courage, commitment, integrity and leadership. These were qualities that I surely lacked prior to my enlistment. Basic training was one of the most humbling experiences of my life and I honestly feel that it made me a better person. However, I unfortunately was never able to fully apply myself as a dedicated Marine due to the fact that I was processed for discharge immediately upon the revealing of my psychiatric history. I will never fully recover from the shame of being relieved of my duty as a Marine under “Other than Honorable Conditions.” In this time of national and worldly conflict, it is painful to observe the brave troops perform their duties overseas because I feel that I should be with them. I would love nothing more than to be able to join them in the fight for freedom. However, I feel it important to note that upon discharge, I chose not to forget all of the positive values instilled in me by my drill instructors and superior officers, both noncommissioned and commissioned. Instead, rather, I chose to apply these values in my personal life and academic pursuits so that I may create a life for myself as well as contribute positively to American society. I know that my experience in the Marine Corps gave me the tools necessary to achieve as I have and I hope to one day be able to give back to my country freely as the Marine Corps gave to me. I received no benefits or compensation from the Marine Corps upon discharge and do not seek any. My country and the Marine Corps have surely given me more than I deserve. I only seek peace of mind through knowing that the Marine Corps can forgive me for not being able to carry out my full tour of duty. Though I hope and pray that the “other than honorable” discharge classification will soon be relieved from me, I know that the shame and the lessons learned from it never will. Enclosed as supporting documents, I have enclosed a letter from an academic honor society, an acceptance to a University that I plan on attending in August 2003, and a letter from a spiritual mentor with whom volunteer my time with. The last letter is not official, as I did not wish to seem as if my volunteering was only for reasons of personal ambition. I ask that you take these documents into consideration as you review my petition. I thank you for your time and wish you many blessings.

Sincerely, M_ C_ D_ ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter of Achievement from Phi Theta Kappa, Honor Society, dtd April 15, 2003
Letter of Acceptance from DePaul University
E-mail endorsing volunteer service

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None                       HON
         Inactive: USMCR (J)               990922 - 991018  COG

 Period of Service Under Review :
Date of Enlistment: 991019               Date of Discharge: 000816

 Length of Service (years, months, days):

         Active: 00 09 04 (Includes lost time.)
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 96

 Highest Rank: PVT

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 2.9 (2)                       Conduct: 2.9 (2)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: (24) 20000204 - 20000227

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

UNDER OTHER THAN HONORABLE CONDITIONS/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MARCORSEPMAN Par. 6204.3.

 Chronological Listing of Significant Service Events :

990814:  Medical evaluation by K_ T_-C_, MD at Christ Hospital and Medical Center.
PSYCHIATRIC ASSESSMENT: This 18 year-old male was brought to the hospital by the police after the parents called them when he challenged his father to a fight. The patient has come to his parents’ home after having had disagreements with them over the past few weeks as to his plans for the fall. The patient stated that he was enraged that his father was not treating him like a man and decided he would settle it and whoever was beaten down would then that would settle the situation. The patient acknowledges that he had been out of the house for at least one day but he felt angry that his father was interfering with his attempts to separate himself by calling a friend that he was staying with and telling the friend’s guardian that he suspected that M_ ( Applicant ) was selling drugs. The patient has been having difficulty over the last two to three years. The patient was hospitalized at Hartgrove Hospital four years ago with kleptomania and an overdose. The patient reports that he had suicidal ideation off and on for a year after that and was in outpatient treatment and that resolved his suicidal thoughts.

FAMILY HISTORY: Remarkable in that he has an aunt who is schizophrenic. The patient denies history of physical or sexual abuse. Acknowledges using alcohol every other weekend. States that he drinks usual two or three beers and acknowledges using marijuana at least once a week. Acknowledges using more prior to this and that indeed was interfering with his ability to focus in school and subsequently he was asked to leave the four year College he had started at.

PAST MEDICAL HISTORY: Remarkable for surgical removal of foreign object from his upper arm several years ago. No medications. No chronic illnesses.

MENTAL STATUS: The patient is alert, oriented times three. Affect shows slight lability. Mood sad to angry. No looseness of association, somewhat tangential but unclear if he is just being evasive or indeed he at times gets lost in his own thoughts. Question of poor attention span consequently. Speech normal rate and normal volume, slightly increased rate at times. Denies auditory or visual hallucinations. The patient denies suicidal ideation. Acknowledges that he did not care as to the outcome of the fight if someone was seriously hurt or killed, that was where he had been reduced to by his father's behavior. Tends to externalize blaming the circumstances. Acknowledges that he has low self esteem and low sense of self but externalizes that to his parents’ management and their decision with him.

IMPRESSION:
Axis I: Major depression
 Chronic dysthymia
 Axis II: Dependent personality traits
Axis III: None
Axis IV: Parent/child problems, phase of life difficulties as the patient is to separate and become more adult like

PLAN: To admit the patient for evaluation of his homicidal and potentially self -destructive behavior. Assess for anti-depressant therapy. Family treatment to work on more appropriate communication with parents, especially appropriately verbalizing his anger towards his father.

ESTIMATED LENGTH 0F STAY: Three to five days.

Plan would be to alternative living situation rather than return home with parents.
991013:  Applicant recommended for a waiver because he did not meet established physical standards due to a history of major depression, single episode, suicidal gesture.       

990814:  Medical waiver approved for enlistment and shipping.    

000301:  Counseled for deficiencies in performance and conduct. [Without authority, absent (himself) from appointed place of duty … on 000204/2200 till 000228/1430.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000403:  Applicant’s voluntary statement after receiving his article 31 rights admitting to fraudulent enlistment “because (he) was admitted to Christ Hospital … and failed to have the information noted … prior to enlistment.”
000612:  Applicant notified of intended recommendation for discharge with a under other than honorable conditions by reason of defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps.
000612:  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.

000612:  Commanding officer recommended discharge with an under other than honorable conditions by reason of defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps. The factual basis for this recommendation was the Applicant’s “failure to fully disclose his preservice psychiatric treatment concerning his kleptomania and homicidal/suicidal ideations.”

000711:  SJA review determined the case sufficient in law and fact.

000717:  GCMCA [Commanding General, Marine Corps base, Camp Pendleton] directed the Applicant's discharge with a under other than honorable conditions by reason defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000816 with an under other than honorable conditions 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 Board was impressed with the Applicant’s hard work at continuing his education and congratulates him on his acceptance into the “Phi Theta Kappa, International Honor Society,” but these efforts are not sufficient in nature to exonerate the Applicant from his willful failure to reveal the full extent of his pre-service psychological problems and hospitalization. A revelation of the full extent of his medical problems would have rendered him ineligible for enlistment in the Marine Corps. 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. A Characterization of service as under other than honorable 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 or his post service activities. In addition to withholding vital information during his enlistment process, the applicant absented himself from his appointed place of duty without authority for twenty-four days, a violation of article 86 of the Uniform Code of Military Justice (UCMJ). The applicant’s conduct and proficiency markings, which form the primary basis for determining the character of his service, reflect his misconduct, and fall well below those required for an honorable characterization of service. An upgrade to honorable would be inappropriate; therefore, relief is 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 additional documentation to support any claims of post-service accomplishments 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 18 Aug 95 until 31 Aug 2001, 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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