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USMC | DRB | 2005_Marine | MD0500183
Original file (MD0500183.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
ex-PFC, USMC
Docket No. MD05-00183


Applicant’s Request
The application for discharge review was received on 20041110. 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. Subsequent to the application, the Applicant obtained representation by the American Legion.

Decision

A documentary review was conducted in Washington, D.C. on 20050304. 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:

1. “Since my discharge from Marine Corp Booth Camp, I had completed three Honorable years with the Ohio Army National Guard. I have also had attendended counseling at the VA. I’m currently a student at both Ohio State University at also at Franklin University. I’m a law-abiding citizen, I only ask for my record to be upgraded for further government employment. I’m currently ineligible to re-enter the Marine Corp because of my age. I just want to be recognized as a conform citizen that can be productive to the federal government. I regret my past actions and I’m currently responsible for my future actions.”

 ISSUES TO BE SUBMITTED BY THE REPRESENTATIVE

Additional issues submitted by Applicant’s representative (American Legion):

None

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Unofficial transcripts for undergraduate courses, dated August 18, 2004 (2 pages)
Service School Academic Evaluation Report, dated September 20, 2002
Letter from State of Ohio, The Adjutant General’s Department, dated April 3, 2003 (2 pages)
Letter from Ohio Army National Guard, dated September 23, 2002 (2 pages)
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        891220 - 971118  HON
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 990426               Date of Discharge: 990713

 Length of Service (years, months, days):

         Active: 00 02 18
         Inactive: None

 Age at Entry: 29                          Years Contracted: 4

 Education Level: 12                        AFQT: 32

 Highest Rank: PFC                          MOS: 9900

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMA*                          Conduct: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, NDSM, NUC, SASM (2), AFEM, KLM, SSDR (2), Pistol Marksman Ribbon, MUC, JMUC

 Days of Unauthorized Absence: None

*No marks assigned.

 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 :

990504:  Recruit Information Card: Applicant shows no motivation in that he refuses to sound off, he fails to demonstrate a sincere desire to train, and refuses to respond to constructive criticism.

990508:  Recruit Information Card: Counseled on being placed on trial training for his failure to put forth the effort required to successfully complete recruit training.

990513:  Recruit Information Card: Counseled on his failure of trial training. He is still failing to put forth the effort required to successfully complete recruit training.

990519:  Recruit Information Card: Applicant kept up with the Platoon in all events today. It is recommended that Applicant be taken off trial training.

990520:  Recruit Information Card: Counseled on being taken off trial training. Applicant understands that if he regresses again, he may be recycled or ELS due to an inability to adapt to Marine Corps life.

990606:  Recruit Information Card: Applicant is indifferent and does things to try and antagonize the drill instructors.

990618:  Recruit Information Card: Applicant continues to display an apathic attitude towards training. Does not put forth the effort to follow any instructions with any type of motivation, pride or the warrior spirit. Applicant never sounds off, and needs constant supervision and corrections even on the simplest of task.

990623:  Recruit Information Card: Applicant referred to the Series Commander for his constant lackadaisical attitude towards training.

990629:  Counseled for deficiencies in performance and conduct. [You are hereby counseled that your performance and/or conduct are unsatisfactory because: you are not showing the ability to successfully complete recruit training, you are not putting forth responsible effort at all times in recruit training and your are not adapting to the Marine Corps’ way of life. You have specifically shown an apathetic attitude towards training, shown a lack of maturity by your actions, shown a lack of self-discipline, shown an inability to follow instructions/orders, shown a disrespectful/belligerent attitude, shown an erratic and deviant behavior pattern that makes your value to the Marine Corps questionable.] Sources of assistance provided, disciplinary and discharge warning issued.
990701:  Applicant notified of intended recommendation for administrative separation for entry level performance and conduct by lack of reasonable effort.

990701:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

990708:  Commanding officer recommended entry level separation by reason of entry level performance and conduct. The factual basis for this recommendation was by lack of reasonable effort.

990708:  Commanding General, Marine Corps Recruit Depot/Eastern Recruiting Region, Parris Island, SC 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 19990713 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: Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question. No such impropriety or inequity is evident during the Applicant’s enlistment. 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 three months in the military to warrant a change of discharge to honorable. The Board recognizes and commends the Applicant for his service to the State of Ohio and his educational pursuits; however, they are insufficient to warrant a change in the Applicant’s discharge to honorable.

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. The Applicant can provide any additional documentation to support any claims of post-service accomplishments or any other evidence related to his discharge 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 5420.174D 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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