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NAVY | DRB | 2004 Marine | MD04-00663
Original file (MD04-00663.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD04-00663

Applicant’s Request
The application for discharge review was received on 20040309. 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.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041022. 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:

 1. “I, C_ M_ V_ (formerly M_) ( Applicant ) request that my military discharge be changed from Other than Honorable Conditions to Honorable Conditions. I was discharged due to Fraudulent Enlistment because I did not indicate on the contract that I had previously seen a mental health professiona1 in the past.
I enlisted in the Marine Corps in March 1999, at 18 years old, with the intention of seeking discipline and order in my life. I suffered from depression when I was 15 and saw a therapist for six months (cognitive therapy only). Before enlisting, I told my recruiter, SSGT J_ P_, about my past and he asked me if I currently felt mentally ready to join the Marine Corps. I replied ‘yes’ because I believed I was mentally and physically competent. He then assured me that it will not be necessary to indicate that I had therapy as long as I feel mentally prepared. Unfortunately, I failed to realize that my problems were too serious to ignore.
During bootcamp, I graduated as the top 10 percent of my platoon and was meritoriously promoted to Private First Class. After going to the fleet, I was promoted several months later to Lance Corporal. I was doing extremely well but I began feeling depressed again and began having thoughts of suicide. Military life was becoming very overwhelming for me and so I sought help from the Chaplain and even went to Marine Corps Community Services to seek counseling but it didn’t help. I began to worry very much because I began behaving unlike myself; my behavior patterns became very erratic and irrational and this would surely he detrimental to me. I then went to my Commanding Officer requesting an early military discharge and told him about my past.
Alter I was discharged from the Marine Corps, it took a while to get myself in order. In fact, I sought the help of a psychiatrist who informed me that I had symptoms of schizophrenia and was prescribed an anti-psychotic medication called Zyprexa. This medication helped me immensely and gave me a sense of purpose in life. I have received several awards from my job and was even placed on the Grossmont College Vice President’s List for the Fall 2003 Semester. I included copies of these for your consideration.
I want nothing more than to come to terms with my past and be a successful person in all aspects of life. I didn’t realize I had a serious problem until I was discharged from the military. Please take into careful consideration the attached documents I have provided for you. Thank you ”








Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter to Applicant from Vice President of Student Services, Grossmont College, dated January 26, 2004
Letter to Applicant from Director of HR, dated April 17, 2003
Circle of Greatness Award nomination, April 2003
Article on Zyprexa
Prescription label, dated May 24, 2003
Letter from Applicant, dated May 11, 2004
Applicant’s DD Form 214 (Member 1 and 4)
Applicant’s Medical Record (38 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                981216 - 990307  COG

 Period of Service Under Review :
Date of Enlistment: 990308               Date of Discharge: 000831

 Length of Service (years, months, days):

         Active: 01 05 24
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 64

 Highest Rank: LCpl                         MOS: 7041

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (4)                       Conduct: 4.2 (4)

 Military Decorations: None

 Unit/Campaign/Service Awards: RMB

 Days of Unauthorized Absence: None

 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 :

000327:  Medical evaluation by Staff Psychologist: Applicant was evaluated and disclosed she had a psychiatric hospitalization in 1995 after an attempted suicide by overdose of aspirin.
          AXIS I: Adjustment disorder with depressed mood vs. major depressive disorder recurrent.
UNDATED:         Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps.
000414:  Applicant advised of rights and having consulted 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.

 000725:  NJP for violation of UCMJ, Article 89:
 Specification: Disrespect towards a superior commissioned officer in that LCpl did disrespect her superior commissioned officer by yelling at him on 000310.
Violation of UCMJ, Article 90 (2 specs):
Specification 1: Disobedience of a lawful order in which LCpl did disobey her superior commissioned officer to come to the position of attention.
Specification 2: Disobey a lawful order from her superior commissioned officer to check out of MAG-16 on 000211.
Awarded forfeiture of $563.00 per month for 2 months, restriction and extra duties for 45 days, reduction to E-2. Restriction and extra duty suspended for 1 month. Not appealed.
000807:  Commanding Officer recommended discharge 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 fraudulent enlistment, specifically you did not disclose prior psychological treatment prior to your enlistment.

000815:  SJA review determined the case sufficient in law and fact.

000823:  GCMCA [Commanding General, 3d Marine Aircraft Wing, San Diego, CA] directed the Applicant's discharge under other than honorable conditions by reason of 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 20000831 under other than honorable conditions by reason of 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. A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a Marine . T he Applicant’s service was marred by award of nonjudicial punishment (NJP) on one occasion for committing serious offenses and for her failure to disclose preservice psychiatric treatment. While she may feel that her psychological condition was a factor that contributed to her actions, the record clearly reflects her disregard for the requirements of military discipline and demonstrated that she was unfit for further service. The evidence of record does not demonstrate that the Applicant was not responsible for her conduct or that she should not be held accountable for her actions. Relief denied.

The Applicant’s discharge characterization accurately reflects her service to her country. Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety occurred during the Applicant’s enlistment. Additionally, 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. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and evidence of a substance free lifestyle, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. The Applicant’s evidence of post-service conduct was found not to mitigate her misconduct sufficient to warrant an upgrade to her discharge.

The Applicant is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her discharge. 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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