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USMC | DRB | 2005_Marine | MD0501181
Original file (MD0501181.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. MD05-01181

Applicant’s Request
The application for discharge review was received on 20050706. 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 20060119. 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:

“I feel that my discharge was improper, and would like it to be changed so that I will not be condemned for something that I said, that was not true, when I was twenty years of age. I have tried to re-enlist in the Marine Corps since my discharge, but have not been accepted. I had an independent psychological evaluation, and passed with flying colors, but I still was no accepted. Since my discharge I have received a Bachelor of Science degree in agriculture, with a concentration in auricular engineering. In closing, I am a good person that would like to clear my record so I will not have anything hanging over my head. I would appreciate it if you would do me the honor of granting me this wish. Thank you [signed] Applicant”

 Documentation
Only the service record book and medical records were reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19980205 - 19980324      COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19980325             Date of Discharge: 19980407

 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: 20

 Years Contracted: 4

 Education Level: 14                                 AFQT: 76

 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 Applicable


 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 :

980327:  Medical Dispositions Officer, Branch Medical Clinic, found recruit has a physical condition which existed prior to enlistment and is disqualifying for active duty service. The undisclosed history is suicidal behavior.

980327:  Applicant examined at the Mental Health Unit, Branch Medical Clinic, MCRD, PISC. Applicant states the he has a past history of suicide gestures and no motivation to continue recruit training. Applicant admitted to cutting his wrist at 18 years of age, holding a gun to head at 19 years of age. Applicant contracts for safety.
         Recommendation: Entry Level Separation, fraud.

980327:  Recruit Liaison Section, MCRD PISC, interviewed the Applicant. The Applicant makes a voluntary statement. Applicant admits that he is depressed and has suicidal thoughts since arriving at Parris Island. Applicant also admits to suicide thoughts and “almost carrying it out” with a gun and a knife, prior to entering the service.

980327:  Recruit Liaison Section, MCRD PISC, letter to Commanding Officer, 3 rd Battalion. Based upon interview with the Applicant, recommend that the Applicant be processed for a fraudulent enlistment due to preservice undisclosed history of suicidal behavior. No recruiter allegations stated.

980330:  Applicant notified of intended recommendation for an administrative discharge by reason of fraudulent entry. The factual basis for this recommendation was fraudulent for pre-service undisclosed history of suicidal behavior.

980330:  Applicant advised of rights and having elected not to consult, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

980403:  Assistant Chief of Staff, Recruiting for Eastern Recruiting Region submits letter to Commanding General. Recommendation is that Applicant be discharged. No Recruiting Station or MEPS error discovered.


980403:  Commanding Officer, Recruit Training Regiment recommended Applicant’s discharge with an Entry Level Separation by reason of defective enlistment due to fraudulent enlistment. The following information pertains: admitted pre-service undisclosed history of suicidal behavior. Applicant was medically cleared for discharge this date.

980403:  GCMCA, Commanding General, Marine Corps Recruit Depot/Eastern Recruiting Region, directed the Applicant's discharge with an Entry Level Separation by reason of defective enlistment due to fraudulent entry.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980407 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 13 days in the military to warrant a change of 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 documentation to support any claims of post-service accomplishments or any additional evidence related to this 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 P1900.16E), effective
18 Aug 95 until 31 Aug 2001, 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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