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NAVY | DRB | 2004 Marine | MD04-00215
Original file (MD04-00215.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD04-00215

Applicant’s Request
The application for discharge review was received on 20031117. 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 20040910. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case an impropriety 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 change to HONORABLE. The narrative reason for separation shall change to Secretarial Authority.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

Issue 1. 1. “It is my understanding that after receiving an uncharacterized separation code with no disciplinary actions or prior offenses. That I am able to upgrade my discharge to Honorable.”

Issue 2. “I am currently trying to enroll in school under the age of 24 and totally indepent from my parents who lives four states away. A discharge of Honorable is needed in order to receive sufficient financial aide for my education.

Aside from my disability of not being able to adapt to the Marine Corps environment as I thought I would be able to. I was an Honorable Marine and would like discharge papers to state so.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Applicant’s DD Form 215 (2)
Eight pages from Applicant’s service record
Letter from Applicant, dated December 3, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                990622 - 991025  COG

 Period of Service Under Review :
Date of Enlistment: 991026               Date of Discharge: 000526

 Length of Service (years, months, days):

         Active: 00 07 01
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 68

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.6 (1)                       Conduct: 4.5 (1)

 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/ENTRY LEVEL PERFORMANCE AND CONDUCT, authority: MARCORSEPMAN Par. 6205.

 Chronological Listing of Significant Service Events :

000414:  Medical evaluation by psychiatrist.
          AXIS I: Adjustment disorder with depressed mood (resolved)
         AXIS II: Borderline traits.
000427:  Applicant notified of intended recommendation for entry level discharge (uncharacterized) or discharge with a General (Under Honorable Conditions) by reason of entry level performance and conduct as evidenced by failure to adapt to the Marine Corps environment.
000501:  Applicant advised of her 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.

000505:  Commanding officer recommended entry level separation by reason of failure to adapt to the Marine Corps environment. The factual basis for this recommendation was psychiatric evaluation of 000414, reflecting your inability to adjust to military life and unsuitability for further military service as manifested by your failure to adapt which adversely affects your ability to function effectively in a military environment.

000519:  GCMCA [Commanding Officer, Marine Corps Combat Service Support Schools] 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 20000526 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 reason for discharge was improper (C and D).

Issue 1. The Applicant contends, “It is my understanding that after receiving an uncharacterized separation code with no disciplinary actions or prior offenses. That I am able to upgrade my discharge to Honorable. ” 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 on this basis is denied.

Issue 2. The Applicant indicated she needs an Honorable discharge “in order to receive sufficient financial aide for my education.” The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

Entry level separations are reserved for those members who are notified of separation proceedings within the first 180 days of enlistment. As the Applicant was notified of the intended recommendation for discharge, the Board found that the Applicant was not eligible for an entry level separation. Therefore, the characterization of service should have been the “type warranted by service record.” A review of Applicant’s records indicated an honorable discharge was warranted. The Applicant’s performance and behavior marks were above the standard required for an honorable discharge and there was no adverse information that would have any other characterization of her service. Therefore, relief to the character of service is granted.

Pertinent Regulation/Law (at time of discharge)

A. The Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 950818 until 010831), 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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