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USMC | DRB | 2005_Marine | MD0501123
Original file (MD0501123.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-Pvt, USMC
Docket No. MD05-01123

Applicant’s Request
The application for discharge review was received on 20050622. The Applicant requests the Discharge 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 20051221. 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 by reason of defective enlistment and induction due to a fraudulent entry.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“In 1995 I told my recruiter that I had been arrested on a small charge before. He told me to write on my application that I had never been arrested and that he would “take care of it”. I was a kid and I trusted him. When I got down to Basic Training they did a FBI backed ground check on me and found out I had been arrested after I had told them. They ask me if I had been arrested before and I said yes. Thought the recruiter had taken care of it, but they sent me back home with a dishonorable discharge. I only did what the recruiter told me to do. Please, help me with this matter.

Sincerely
C_ L. S_
[signed]”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Character reference ltr from C_ P_, undtd
Character reference ltr from Y_ A_, dtd May 28, 2005
Letter from J_ K_, M.D., dtd June 14, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19950117- 19950214       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 19950215             Date of Discharge: 19950227

 Length of Service (years, months, days):

 Active: 00 00 13
          Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

 Age at Entry: 19

 Years Contracted: 4

 Education Level: 12                                 AFQT: 53

 Highest Rank: Pvt                                   MOS: 9900

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NA*                                    Conduct: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): None

*Not Available


 Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNCHARACTERIZED/INVOL DIS (NO BOARD) PRESERV POLICE REC, authority: MARCORSEPMAN Par. 6204.3.

 Chronological Listing of Significant Service Events :

950215:  Pre-service moral waiver for RS granted.

950217:  Recruit Evaluation Card: SNR counseled prior to drop to Casual for fraud. SNR has an outstanding warrant for his arrest. SNR states that he went to a friend’s house that was raided and he was subsequently arrested for conspiracy to sell drugs. SNR understands why he cannot become a Marine. SNR in DEP for one month. Screened. No allegations.

950217:  RLS Interview excerpt: “Problem: On FEC SNR divulged prior police involvement consisting of a drug raid on friends house. Police checks were ran through RLS. When the police checks were received by RLS, the charges shows as follow: On Sept 02 1994. Possession of narcotics, sale of halluc. Narcotics, CSP sale ill drugs and drug paraphernalia. Arrest warrents has been issued. Case #92-87043.”

950218:  Recruit Evaluation Card: SNR counseled on being dropped to S-RAC. SNR was screened for allegations. None noted.

950222:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as uncharacterized by reason of defective enlistment due to fraudulent entry. The factual basis for this recommendation was pre-service undisclosed police drug involvement.

950222:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

950223:  Commanding Officer, Recruit Training Regiment (RAC), recommended Applicant’s uncharacterized discharge by reason of defective enlistment due to fraudulent entry.

950223:  GCMCA, Commanding General, Marine Corps Recruit Depot/Eastern Recruiting Region, Parris Island, SC, directed the Applicant's discharge with an uncharacterized service by reason of defective enlistment due to fraudulent entry.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19950227 by reason of defective enlistment and induction due to a fraudulent entry (A) with a service characterization of uncharacterized. 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 (B and C).

By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. Unless there were unusual circumstances regarding a servicemember’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service. The Applicant's service record did not contain any unusual circumstances during his less than two weeks in the military to warrant a change of discharge to honorable. Relief is not warranted.

The Applicant contends that he thought, “the recruiter had taken care of it” and that he only did “what the recruiter told [him] to do.” An enlistment, induction, or period of service is fraudulent when deliberate material misrepresentation, including the omission or concealment of facts which, if known at the time would have reasonably been expected to have precluded, postponed, or otherwise affected the Marine's eligibility for enlistment or induction. The Applicant admitted on 19950217 that he had been arrested for conspiracy to sell drugs, a fact which the Applicant had not revealed previously. There is no indication in the record, nor did the Applicant provide any documentation, to support the contention that he was not responsible for his conduct or should not be held responsible for his actions. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Relief denied.
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 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 post-service documentation for the Board to consider. Relief denied.

For the edification of the Applicant, the Applicant did not receive a “dishonorable discharge.” The Applicant received a discharge with an uncharacterized characterization of service. 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. Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 890627 until 950817, 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 V, Para 502, Propriety .

C. 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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