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NAVY | DRB | 2004 Marine | MD04-00544
Original file (MD04-00544.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD04-00544

Applicant’s Request
The application for discharge review was received on 20040210. The Applicant requested 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 20040827. 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:

 “Attachment 1
 A_, T_ C. (Applicant)
(social security number deleted)
I believe my discharge was inequitable because it was based on one isolated incident in the six months of service with no other adverse action. Following is a brief summary of the events from my enlistment until my requested discharge.
In high school I was an honor student and my parents wanted me to go to college after graduation. After many discussions my recruiter and I convinced my parents that I was determined to go into the Marine Corps after high school graduation and they gave me their blessing.
In boot camp I always gave 110 percent even after I sustained an injury about halfway through training. My drill instructors told me many times that I needed to go to sick call, but I didn’t go until the day before graduation. The reason I did not go sooner was because I thought I would be dropped and not allowed to graduate with my platoon or worse yet separated permanently. I was diagnosed with bursitis in the hip and told I would be “grad hold”. I graduated with my platoon on crutches.
At the BMP I felt isolated and alone. I would classify many of the men and women in the BMP as “slackers”. Many seemed to be content to be there because they did not have to exert themselves. I desperately wanted to continue my training as a Marine. I didn’t feel like a Marine in the BMP. After spending two months in the BMP I made the biggest mistake of my life. I walked out of the barracks and went UA. When I went home the next day I told my parents I could not spend another day at the BMP. My parents tried to contact my recruiter but he was out of town. Fortunately, they were able to contact our friend, Navy recruiter CPO M_ R_. He called Parris Island on my behalf and then he convinced me that I must not run away from my problem and I must return to Parris Island. I don’t remember much about the first day or two back at Parris Island because I believe I was suffering from depression. The doctor I saw at Parris Island, Dr. B_, recommended that I be granted an entry level separation. I was given a page 11 and not given a promotion to PFC because of my UA. I understand and completely agree with my punishment for the UA, however, I was very disappointed when I later realized my discharge was "under honorable conditions” rather than “honorable”.
I am now attending college and working. After graduation from college I may re-enlist in the Marine Corps, but the most important thing to me right now would be to have my discharge changed to honorable. I am confident if I re-enlist and again have to go to the BMP I will be able to adjust because I have matured and learned that I should have gone to my platoon commander and asked for help rather than holding it in until I broke down. I respectfully request your consideration. ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Dean ’ s List acknowledgement from Wallace Community College, dtd January 8, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR (J)               000131 - 000808  COG
Period of Service Under Review :
Date of Enlistment: 000809               Date of Discharge: 010214

 Length of Service (years, months, days):
         Active: 00 06 06
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 85
Highest Rank: Pvt                          MOS: 9900 Basic Marine)

 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 Applicant’s service record.
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 :

000129:  Initial enlistment contract documents admission of pre-service marijuana experimentation. Enlistment waiver granted. Applicant briefed upon and certified understanding of Marine Corps policy concerning illegal use of drugs.
010131:  Medical evaluation by a Clinical Psychologist at the Mental Health Unit, Branch Medical Clinic, Parris Island, SC diagnosed the Applicant as having an Adjustment Disorder w/depressed mood. He was considered to be a danger to himself and others. He was recommended for an entry-level separation due to failure to adapt.

010207:          Applicant notified of intended recommendation for entry level discharge (uncharacterized) by reason of entry-level performance and conduct as evidenced by the Applicant’s failure to adapt to the Marine Corps environment.
010207:          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.
010208:  Counseled for deficiencies in performance and conduct. [Not adapting to the Marine Corps way of life.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010209:          Commanding officer recommended entry-level separation by reason of the Applicant’s failure to adapt to the Marine Corps environment.
010209:          GCMCA [Commanding General, Marine Corps Recruit Depot/Eastern Recruiting Region] 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 20010214 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).
Issue 1: By regulation, members notified of discharge within the first 180 days of enlistment are given a services characterization of “ Uncharacterized ” unless there were unusual circumstances regarding performance or conduct which would merit an “ honorable ” characterization. The Applicant ’ s service record did not contain any unusual circumstances during is short time in the military to warrant a discharge characterization change to “ honorable. ” Relief denied.

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 shall be considered the equivalent of an honorable or general (under honorable conditions) discharge.

Concerning the Applicant’s proposed intention to reenlist, 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. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. This issue does not provide a foundation upon which the Board can grant relief.
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 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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