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USMC | DRB | 2005_Marine | MD0500150
Original file (MD0500150.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD05-00150

Applicant’s Request
The application for discharge review was received 20041022. The Applicant requests the characterization of service received at the time of discharge be changed to uncharacterized and the reason for the discharge be changed to “ELS.” 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 20050118. 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 and reason of the discharge shall not change. The discharge shall remain: UNCHARACTERIZED/FRAUDULENT ENTRY INTO MILITARY SERVICE, ALCOHOL ABUSE, authority: MARCORSEPMAN Par. 6204.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated
Applicant’s issues, as stated:

 1. “Dear BCMR;

The following issues are the reasons I believe my discharge should be upgraded to Honorable. If you disagree, please explain in detail why you disagree. The presumption of regularity that might normally permit you to assume that the service acted correctly in characterizing my service as less than honorable does not apply to my case because of the evidence I am submitting.

Under current standards, I would not receive the type of discharge I did.

I received letters of recommendation.

I have been a good citizen since my discharge.

My prior use of drugs and alcohol was fully disclosed prior to enlistment and documented on DD FORM 2807-1, AUG. 2001, page 3 of 4, therefore, the discharge is improper.

I used drugs twice as a result of peer ‘dares” which is well documented on my Recruit Enlistment Document thereby nullifying my discharge as FRAUD.

My Medical Records and Recruit Evaluation Records document my physical fitness, drug tests and other findings certifying me for enlistment thereby nullifying my discharge as FRAUD.

I was kicked, punched, abused, harassed, and discriminated against by my drill instructors and command because I got Pneumonia and failed to keep up with my platoon. This abuse was witnessed by members of my platoon. Some of these members have filed complaints of abuse.

I was seen ONCE in the MHU and was diagnosed with Depressive Disorder, Borderline Personality Disorder, ADHD, and Alcohol and Drug Abuse. A medical professional will not make a diagnosis after only ONE meeting or after less than ONE hour of a doctor/ patient visit. My medical records do not include ANY substantiating evidence of the diagnosis.
The only time I was “down” was during my stay at MRP, where I was constantly pressured to get back to training. The medical personnel’s focus was not on my condition (pneumonia) or on getting me well, rather on their own personal adjendas.
While at MRP, I was not provided the medical attention to clear up the pneumonia. My command was more interested in discharging me rather than getting me well.
My command abused its authority when it decided to discharge me and gave me a bad discharge.
My record of AWOL/UA indicates only one (1) minor, isolated offense. I was forced to go AWOL/UA because of the need to make the medical personnel attentive to my medical “needs” and to make my command aware of the harassment I was receiving while at MRP.
My only dream was to serve my country as did my grandfather and my father. I am requesting that the BCMR (1) change my discharge to Honorable, (2)change my reenlistment code to RE-1 and corresponding Separation Program Number/Designator. (3)Reinstate my enlistment in the National Guard as a full-time soldier.
Thank you for your time and attention to these issues. I look forward to hearing from you as soon as possible.
Sincerely,

 R_ M_ G_ ( Applicant ) ”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
DD Form 370 filed by H_ L. J_ Jr.
DD Form 370 filed by B_ D. T_
Ltr frm Rev J. V. F_, Ph.D.
Ltr frm Rev J_ W_

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                NFR* - 040105    COG
Period of Service Under Review :
Date of Enlistment: 040106               Date of Discharge: 040224

 Length of Service (years, months, days):
         Active: 00 01 19
          Inactive: None
Age at Entry: 18                          Years Contracted: NFR

Education Level: 12                        AFQT: NFR
Highest Rank: PFC                          MOS: 9900

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: NFR                           Conduct: NFR

 Military Decorations: None
Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None
*Not found in record
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED /FRAUDULENT ENTRY INTO MILITARY SERVICE, ALCOHOL ABUSE, authority: MARCORSEPMAN Par. 6204.3.

 Chronological Listing of Significant Service Events :

040211:  Referred to Mental Health Unit for suicidal ideations in letters home. Made suicidal ideations to Capt M_ 040210 and Capt F_ and indicated he would hurt himself with a loaded weapon.
040211:  Medical evaluation by psychiatrist reveals drug abuse. Patient admits to “THC, Acid, Cocaine last use one month ago” as well as a prior suicide attempt. Age 14-16: Psychologist for ADHD on Ritalin from age 12. Age 8: Psychologist for behavior problem for at least 2 yrs in treatment. Current suicide risk moderate to high. Not suitable for military service. High risk to himself and others. Recommended for ELS.

         AXIS I:
 ADHD by history EPTE
          Depressed disorder by history EPTE
         Alcohol and drug abuse by history EPTE  
        
         AXIS II:
         Borderline personality disorder
         AXIS III:
s/p Pneumonia
         AXIS IV:
          Routine training
         Prior behavior problems

         AXIS V:
         Current GAF: 55
          Highest Past Year: 65   

040213:  NJP for violation of UCMJ, Article 86: Unauthorized absence. Article 92: Refusing to return to training.
         Award: Forfeiture 7 days pay. No indication of appeal in the record.
040219:  Counseled for deficiencies [Fraudulent enlistment for Drugs: Alcohol/Drug Abuser – Depressive Disorder].

040219:  Applicant notified of intended recommendation for discharge with an uncharacterized service by reason of defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps due to your failure upon enlistment to divulge your preservice alcohol abuse.
040219:  Applicant advised of 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.
040223:  Commanding officer recommended discharge with an uncharacterized service by reason of defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps. Commanding Officer’s comments: [On 11 Feb, SNR was referred for MHU evaluation by the Ser Cmdr. On 11 Feb, recommended ELS due to diagnosis of Depressive Disorder and Borderline Personality Disorder (EPTE). MHU further stated, SNR revealed history of drug and alcohol abuse prior to enlistment. SNR did not disclose drug and alcohol abuse or depressive order to his recruiter or at the moment of truth. SNR is not suitable for military service.]
040223:  GCMCA [CG MCRDSD] directed the Applicant's discharge with an uncharacterized service by reason defective enlistment and induction due to fraud alcohol abuse/drug abuse/depressive disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040224 with an uncharacterized service by reason defective enlistment and induction due to a fraudulent entry, alcohol abuse (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 an "honorable" characterization. Applicant's service record did not contain any unusual circumstances during his less than two months in the military to warrant a change of discharge to "honorable."

On 20040211, the Applicant made voluntary statements that indicated that he had a history of alcohol and drug abuse and a history of psychological treatment and was diagnosed with borderline personality disorder by competent medical authority. The Board found that the documentation and statements provided for review do not refute the presumption that the Applicant deliberately misrepresented his drug, alcohol and psychological treatment history during the enlistment process, including the omission or concealment of facts which, if known at the time would have reasonably been expected to preclude, postpone, or otherwise affect the Marine’s eligibility for enlistment or induction. No other narrative reason other than fraudulent entry more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Relief denied.

The Board found no indication in the record or in the documents submitted by the Applicant that the he was, “kicked, punched, abused, harassed or discriminated against.” The Applicant’s allegations, that he was treated improperly because of his inability to keep up with his platoon due to pneumonia do not refute the presumption of regularity in this case. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The Board found no indication from the service record and documentation provided by the Applicant that he was denied proper medical care for his illness while on active duty. While he may feel that his medical condition and perceived lack of treatment was a factor that contributed to his discharge, the record clearly reflects his fraudulent enlistment. Relief denied.

Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient documentation for the Board to consider. Relief denied.

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 P1900.16F), effective 01 Sep 2001 Until Present, paragraph 6204, DEFECTIVE ENLISTMENT AND INDUCTION.
B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .
D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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 “ http://Boards.law.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:
                  Secretary of the Navy    Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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