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NAVY | DRB | 2004 Marine | MD04-00683
Original file (MD04-00683.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD04-00683

Applicant’s Request
The application for discharge review was received on 20040227. The Applicant requests the reason for the discharge be changed to ERRONEOUS ENLISTMENT. 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 20041008. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board did find, however, an impropriety in the Narrative Reason for Separation. The Board’s vote was 4-1 that the reason of the discharge shall change to Secretarial Authority. The discharge shall change to: HONORABLE/ SECRETARIAL AUTHORITY, authority: MARCORSEPMAN Par. 6214.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “My DD 214 states reason for discharge as “fraudulent entry into military service”. Please correct to “erroneous enlistment”. Please find attached letter from the Battalion Surgeon, C_ B_ D_ regarding the recommendation that my separation should be listed as “erroneous enlistment due to pre-existing medical condition.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Letter to Commanding Officer from Battalion Surgeon, dated January 9, 2003
Counseling entry from Applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                010920 - 010923  COG

 Period of Service Under Review :
Date of Enlistment: 010924               Date of Discharge: 030709

 Length of Service (years, months, days):

         Active: 01 09 16
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 56

 Highest Rank: LCpl                         MOS: 1371
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (4)                       Conduct: 4.4 (4)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, ERB, SPB

 Days of Unauthorized Absence: None

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

HONORABLE/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MARCORSEPMAN Par. 6204.3.

 Chronological Listing of Significant Service Events :

000929:  Applicant enlistment examination shows right knee arthroscopic surgery and medication (over the counter vitamins as supplement). No other medical conditions revealed.
021101:  Applicant signed contract for safety.

 030109:  Medical evaluation by Battalion Surgeon:
          AXIS I: Bulimia Nervosa
         AXIS II: Adjustment disorder with depression.
         Psychiatrist recommends administrative separation for erroneous enlistment due to a pre-existing medical condition: bulimia nervosa, that was disclosed at the time of enlistment. Applicant’s current psychiatric and medical problems are incompatible with further service in the Marine Corps.
030117:  Applicant’s statement.

 030117:  Applicant notified of intended recommendation for an honorable discharge by reason of erroneous enlistment into the U.S. Marine Corps.
030117:  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.

030129:  Counseled in accordance with paragraph 6105 of the Separations Manual (MCO P1900.16). You are being processed for discharge due to erroneous enlistment. [Extracted from supporting documents provided by the Applicant.]

030225:  Commanding Officer recommended an honorable discharge by reason of erroneous enlistment into the U.S. Marine Corps. The factual basis for this recommendation was your diagnosis of 030109.

030424:  Counseled in accordance with MCO 1900.16F. Applicant advised that the command is processing him for administrative separation for the following deficiencies: Erroneous Enlistment. The command is recommending a reenlistment code of RE-4.
030612:  GCMCA [Commanding General, Marine Corps Base, Camp Pendleton, CA] directed the Applicant's discharge with a honorable 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 honorably discharged on 20030709 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 the reason for discharge to have been improperly assigned. (C and D).

Issue 1. The Applicant was notified of intended recommendation for discharge due to erroneous enlistment on 20030117. The Applicant was formally counseled for “being processed for discharge due to erroneous enlistment” on 20030129. The Applicant’s Commanding Officer recommended the Applicant be discharged by reason of erroneous enlistment. However, on 20030612, the GCMA directed the Applicant be discharged by reason of defective enlistment due to a fraudulent entry. The Board found the GCMA’s direction to be improper and elected to change the Applicant’s discharge to Honorable with a Narrative Reason of Secretarial Authority. Relief Granted.


 Pertinent Regulation/Law (at time of discharge)

 A . The Marine Corps Separation and Retirement Manual, MCO P1900.16F), effective
01 September 2001 until Present, 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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