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USMC | DRB | 2005_Marine | MD0501148
Original file (MD0501148.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD05-01148

Applicant’s Request
The application for discharge review was received on 20050623. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “Convince of Govt.” 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 20051206. 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 and reason for discharge shall not change. The discharge shall remain entry level separation (uncharacterized) due to entry level performance and conduct.











PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated

Applicant’s issues, as stated on the application:

“As indicated on my DD214, I was in the USMC for a period of one month and seven days. I was separated due to many problems that came up at home while I was in basic training. Matters pertaining to my mother and a brother. At the request of officials, I was seen by medical personnel and it was recommended that I should be discharged from the Marine Corps. My character of service was listed as uncharacterized. I am about to enter a career in law enforcement and 99% of those agencies require that a person who has been in the military possess a Honorable discharge. Based on this reason, I am requesting that my separation is shown as Honorable due to the fact that the reason for me leaving the service were beyond my total control. I would also like to request that the narrative reason for separation is changed to the convenience of the government. Favorable consideration in this matter would be greatly appreciated. Thank you.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20031126 – 20040209               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20040210             Date of Discharge: 20040316

 Length of Service (years, months, days):

 Active: 00 01 07
         Inactive: None

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

 Age at Entry: 22

 Years Contracted: 4

Education Level: 12                                 AFQT: 52

 Highest Rank: PFC                                   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/ ENTRY LEVEL PERFORMANCE AND CONDUCT, authority: MARCORSEPMAN Par. 6205.
Chronological Listing of Significant Service Events :

 040305:  Applicant examined at Mental Health Unit, Branch Medical Clinic, Parris Island, South Carolina. Applicant referred by command. Applicant stated that she has been feeling depressed for 30 days and that she has thought of killing other recruits. Applicant denies SI, and contracts for safety. Applicant states that she is having HI about other recruits. R/O depressive, D/O NOS, PTSD.

040305:  Medical evaluation by Department Head, Mental Health Unit, Marine Corps Recruit Depot, Parris Island, South Carolina.
          Assessment: PTSD, Depressive Disorder NOS.
         Remarks: Recruit has a history of long-term abuse and witnessing trauma and is experiencing strong vivid, and distressing memories of violence she has witnessed and experienced. She needs long-term counseling and is not fit for training. Follow up on Monday 8MAR04.
         Recommendation: Failure to Adapt, immediate transfer to casual, mental health treatment after discharge.

040308:  Follow-up examination at Mental Health Unit, Marine Corps Recruit Depot, Parris Island, South Carolina. Applicant provided with treatment options on outside, provided contacts. Applicant denies SI/HI/AH. Contracts for safety. Depressive disorder NOS.

040316:  Counseling entry: Entry Level Performance and Conduct for: FAILURE TO ADAPT TO THE MARINE CORPS ENVIRONMENT. Applicant assigned a re-enlistment code RE-3F.
040316:  DD Form 214: Applicant discharged with an entry level separation by reason of Entry Level Performance and Conduct per MARCORSEPMAN par 6205.

Service Record Book did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040316 with an entry level separation (uncharacterized) due to entry level performance and conduct (A) . 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). The Board presumed regularity in the conduct of governmental affairs (D).

 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 her less than 2 months in the military to warrant a change of discharge to honorable.

The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. The Applicant was diagnosed by a qualified medical officer as having PTSD, Depressive Disorder NOS, in need of long-term counseling and not fit for training. The medical officer’s recommendation specified “failure to adapt, immediate transfer to casual”. Further, the Applicant signed a counseling entry wherein she acknowledged that “Entry Level Performance and Conduct: Failure to Adapt to the Marine Corps Environment” was the reason for her re-enlistment code of RE-3F. For members in an entry level status, as in the Applicant’s case, failure to adapt to the Marine Corps environment is a specific reason for separation listed under paragraph 6205 of the Marine Corps Separation and Retirement Manual (MARCORSEPMAN). The MARCORSEPMAN also states that “all personnel administratively separated from recruit training will be processed under this reason except in those limited cases where processing under a more serious basis is appropriate and where discharge characterization under other than honorable conditions is warranted.” The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates she was separated for Entry Level Performance and Conduct. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. To change the Narrative Reason Separation would be inappropriate.

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 documentation to support any claims of post-service accomplishments or any other evidence related to her 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 P1900.16F effective
01 September 2001 until Present, 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 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 .

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

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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