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USMC | DRB | 2005_Marine | MD0500574
Original file (MD0500574.rtf) Auto-classification: Denied


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

ex-PVT, USMC
Docket No. MD05-00574

Applicant’s Request
The application for discharge review was received on 20050214. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a personal appearance hearing discharge review before a traveling panel closest to Charlottesville, VA. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington, D.C. Metropolitan area. The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050524. 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 for discharge shall not change. The discharge shall remain: UNCHARACTERIZED/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MARCORSEPMAN Par. 6204.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “Recruiting Officer advised health problems would not be an issue & advised not to disclose information. Was questioned at boot camp prior to receiving a series of shots where I disclosed this disorder & was subsequently discharged.”

 REMARKS :
“Please note,
On trying to place in positions of employment, I feel my DD214 status is hindering my chances of getting good positions with good companies because of my discharge status.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Letter to Congressman G___, dated November 1, 2004
Letter of Response from the office of Congressman G___, dated November 8, 2004
Letter to Ms. T__ R__ from the office of Congressman G__, dated November 2, 2004
Letter from the office of Congressman G___, to Applicant, dated November 2, 2004
Letter from R. J. E___, III, M.D., FACS Ear, Nose & Throat Consultant of Virginia, P.C. dated February 9, 2004


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                021007 - 030609  COG

 Period of Service Under Review :
Date of Enlistment: 030610               Date of Discharge: 020625

 Length of Service (years, months, days):

         Active: 00 00 16
         Inactive: None

 Age at Entry: 17 (Parental consent)                       Years Contracted: 4

Education Level: 12                        AFQT: 36

 Highest Rank: PVT                          MOS: 9900

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NOB*                          Conduct: NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

*Not Observed

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

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

 Chronological Listing of Significant Service Events :

030617:  Applicant submits a voluntary medical statement revealing a preexisting medical history of Hereditary Hemorrhagic Telangiectasia. The Applicant further indicated he did not reveal this condition to his recruiter.

030617:  Medical Disposition Officer indicates recruit has a physical condition, which existed prior to enlistment and is disqualifying for active duty service. The disclosed history is Hereditary Hemorrhagic Telangiectasia.

030618:  Applicant notified of intended recommendation for discharge by reason of fraudulent entry into the U.S. Marine Corps.
030618:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

030618:  Commanding Officer recommended discharge by reason of fraudulent entry into the U.S. Marine Corps. The factual basis for this recommendation was an undisclosed history of Hereditary Hemorrhagic Telangiectasia.

030625:  Commanding General approved the Applicant's discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030625 with an uncharacterized discharge by reason 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 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 one month in the military to warrant a change of discharge to "honorable." Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Relief denied.

The Applicant states he informed his recruiter of his “health problems” and was told not to disclose “the information.” On 20030617, the Applicant submitted a voluntary statement that indicated the Applicant suffered from a medical condition that existed prior to entry. Further, the Applicant also denied revealing this condition to anyone involved in his enlistment process. Fraud exists when there has been deliberate material misrepresentation, 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 enlistment or induction. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. 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 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 September 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

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