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NAVY | DRB | 2004 Marine | MD04-01023
Original file (MD04-01023.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD04-01023

Applicant’s Request
The application for discharge review was received on 20040607. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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 20041112. 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/ERRONEOUS ENTRY, authority: MARCORSEPMAN Par. 6204.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated:

1. “I was discharged from the Marine Corps for medial reasons; Asthma. The Reason that I want my discharge changed from UNCHARACTERIZED to GENERAL: UNDER HONORABLE CONDITIONS is that under the current discharge characterization I am ineligible for a civil service job. I applied for a position at my local police department and was turned down because of my current discharge level.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                971217 - 980111  COG

 Period of Service Under Review :
Date of Enlistment: 980112               Date of Discharge: 980406

 Length of Service (years, months, days):

         Active: 00 02 25
         Inactive: None

 Age at Entry: 18                          Years Contracted: 5

 Education Level: 12                        AFQT: 84

 Highest Rank: Pvt                          MOS: 9900

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                          Conduct: NMF
*No marks found in service record

 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/ERRONEOUS ENTRY, authority: MARCORSEPMAN Par. 6204.2.

 Chronological Listing of Significant Service Events :

980326:  Medical evaluation by BMC, MCRDSD: Asthma. EPTS. Member’s condition not likely to change. Recommend admin separation.
980331:  Commanding Officer recommended discharge with an entry level separation (uncharacterized) by reason of defective enlistment and induction due to erroneous entry. The factual basis for this recommendation was a diagnosis of asthma, existing prior to service.

980401:  Applicant notified of intended recommendation for discharge with an entry level separation (uncharacterized) by reason of defective enlistment and induction due to an erroneous entry as evidenced by your preservice medical conditions ASTHMA.

980401:          Applicant advised of his 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.

980403:  GCMCA [CG, MCRDSD] directed the Applicant's discharge with an entry level separation (uncharacterized) by reason defective enlistment and induction due to erroneous entry into the U.S. Marine Corps.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980406 with an entry level separation (uncharacterized) by reason of defective enlistment and induction due to erroneous 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. By regulation, members discharged within the first 180 days of enlistment are given characterization of service "Uncharacterized" or entry-level separation unless there were unusual circumstances regarding performance or conduct, which would merit a different characterization. Applicant's service record did not contain any unusual circumstances during his less than three months in the military to warrant a change of discharge. 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. Relief denied.

On 19980326, the Applicant was diagnosed with asthma. The medical evaluation noted that the condition existed prior to service and that the condition was not likely to change. This condition, if known at the time, would have been expected to preclude, postpone, or otherwise affect the Marine’s eligibility for enlistment or induction. No other narrative reason other than erroneous enlistment more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Relief denied.

The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.

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. 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 August 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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