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USMC | DRB | 2005_Marine | MD0500312
Original file (MD0500312.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD05-00312

Applicant’s Request
The application for discharge review was received on 20041210. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050214. 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: GENERAL (UNDER HONORABLE CONDITIONS)/CONDITION NOT A DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “Nocturnal enuresis”

2. “I was discharged from the Marine Corps on November 14, 2002, with nocturnal enuresis, a bladder condition which was considered as a fraudulent enlistment.

I had this condition when I was 12 years old, and did not have it again until recruit training. My command thought I had a psychological problem and sent me to the Base Psychiatry. They could not find anything wrong with me, but noted in my file if the problem persistent to consider discharge. I did not have that problem again, but my command requested I be discharged anyway.

I told the recruiter about my condition when I enlisted. His exact words were “if you do not have that problem now you do not need to report it.” At that time I did not have the problem, and at the present time I did not have this problem it was the one time in boot camp.

I wanted to stay in the Marine Corps and complete my tour of duty but was unable to do so. I ask you to please to reconsider and to give me an honorable discharge.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter to Applicant from Department of Veterans Affairs, dated May 25, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                000211 - 000319  COG

 Period of Service Under Review :
Date of Enlistment: 000320               Date of Discharge: 021114

 Length of Service (years, months, days):

         Active: 02 07 26
         Inactive: None

 Age at Entry: 25                          Years Contracted: 4

 Education Level: 13                        AFQT: 45

 Highest Rank: LCpl                         MOS: 3531

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.8 (6)              Conduct: 3.7 (6)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/CONDITION NOT A DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

 Chronological Listing of Significant Service Events :

001018:  Counseled for deficiencies in performance and conduct. [Bed-wetting, personal finances and MOS proficiency. It is your duty and responsibility to ensure you provide the appropriate financial support for your family an meet all your obligations to the Marine Corps. Furthermore your chronic bed-wetting is unacceptable and will not be tolerated by a Marine of this command.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
010109:  Counseled for deficiencies in performance and conduct. [Unauthorized absence, responsibility, and judgment. It is your responsibility to ensure you are at the appointed place of duty at the prescribed time. Your inability to use good judgment, self discipline, and responsibility is unacceptable and will not be tolerated by a Marine of this command.] Necessary corrective actions explained, sources of assistance provided.
020409:  Counseled for deficiencies in performance and conduct. [Bed-wetting, personal finances, larceny, personal hygiene, judgment, integrity and MOS proficiency. You failed to maintain sufficient funds in your accounts and continue to take advantage of the camaraderie and brotherhood of your fellow Marines and leaders when they come to your aid financially. You were arrested for soliciting a prostitute and shortly thereafter made a poor judgment call by exceeding your credit card limit on another prostitute. Furthermore your chronic bed-wetting is unacceptable and will not be tolerated by a Marine of this command. You have further exacerbated this issue by defecating on yourself and not changing for two days. You then soiled the seats in the HMWWV that you were driving. When questioned you lied about the incident continuing to soil the seats causing another Marine to sit in your waste. You failed to bring all your gear for two deployments and when the Marines came to your aid you soiled the gear that was loaned to you. You had to be supervised by members of your chain of command in how to properly wash your uniforms and how to iron them. Your habitual lying will not be tolerated as well as your poor driving skills.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
020412:  NJP for violation of UCMJ, Article 123a (12 specs):
 Specification 1: Wrongfully and lawfully delivered certain checks in word and figures on 020102, to wit: $14.35, knowing that he did not have sufficient funds.
Specification 2: Wrongfully and lawfully delivered certain checks in word and figures on 020102, to wit: $14.34, knowing that he did not have sufficient funds.
Specification 3: Wrongfully and lawfully delivered certain checks in word and figures on 020102, to wit: $18.19, knowing that he did not have sufficient funds.
Specification 4: Wrongfully and lawfully delivered certain checks in word and figures on 020102, to wit: $9.58, knowing that he did not have sufficient funds.
Specification 5: Wrongfully and lawfully delivered certain checks in word and figures on 020102, to wit: $9.49, knowing that he did not have sufficient funds
Specification 6: Wrongfully and lawfully delivered certain checks in word and figures on 020102, to wit: $11.10, knowing that he did not have sufficient funds.
Specification 7: Wrongfully and lawfully delivered certain checks in word and figures on 020102, to wit: $34.55, knowing that he did not have sufficient funds.
Specification 8: Wrongfully and lawfully delivered certain checks in word and figures on 020102, to wit: $15.08, knowing that he did not have sufficient funds.
Specification 9: Wrongfully and lawfully delivered certain checks in word and figures on 020102, to wit: $47.79, knowing that he did not have sufficient funds.
Specification 10: Wrongfully and lawfully delivered certain checks in word and figures on 020102, to wit: $14.35, knowing that he did not have sufficient funds.
Specification 11: Wrongfully and lawfully delivered certain checks in word and figures on 020102, to wit: $18.58, knowing that he did not have sufficient funds.
Specification 12: Wrongfully and lawfully delivered certain checks in word and figures on 020102, to wit: $6.53, knowing that he did not have sufficient funds.
Awarded forfeiture of $619.00 per month for 1 month, restriction and extra duties for 45 days, reduction to E-2. Forfeiture suspended for 6 months. Not appealed.
020724:  Medical evaluation by Regimental Surgeon:
          AXIS I: Enuresis.
         Recommends Applicant be administratively separated.
020808:  Applicant notified of intended recommendation for discharge by reason of physical condition not disability. The least favorable characterization of service you may receive is general (under honorable conditions).

020812:  Counseled for deficiencies in performance and conduct. [Your medical condition that is considered a physical condition not a disability.] Necessary corrective actions explained, sources of assistance provided.

020814:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights.

020826:  Commanding officer recommended discharge with a general (under honorable conditions) by reason of convenience of the government for a condition not a disability. The factual basis for this recommendation was Applicant’s medical assessment as confirmed by Regimental Surgeon on 020724.

021008:  GCMCA [Commander, 2d Marine Division, II Marine, Camp Lejeune, NC] directed the Applicant's discharge with a general (under honorable conditions) by reason of condition not a disability. [Page date-stamped 031008, presumed to be in error.]

021010:  Medical evaluation by Division Surgeon.
          AXIS I: Enuresis, EPTE.
         Concur with Regimental Surgeon’s recommendation of 020724 for administrative separation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20021114 with a general (under honorable conditions) by reason of convenience of the government due to condition not a disability (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).

Issues 1-2. The documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with nocturnal enuresis, a condition not a disability, on 20020724 by competent medical authority. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. Relief denied.

When the service of a member of the Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable. A General discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. The Applicant’s service was marred by nonjudicial punishment proceedings for 12 specifications of violating Article 123a of the UCMJ in addition to multiple counselings for deficiencies in performance and conduct. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Marine Corps and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

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. Marine Corps Separation and Retirement Manual, (MCO P1900.16F, effective
01 September 2001 and Present), paragraph 6203, CONVENIENCE OF THE GOVERNMENT

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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