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USMC | DRB | 2005_Marine | MD0501236
Original file (MD0501236.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. MD05-01236

Applicant’s Request
The application for discharge review was received on 20050712. 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 20060413. After a thorough review of the available 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 was Evaluated as having Attention Deficit Disorder, Hyperactive Disorder, Oppositional Disorder, and Dysthymia as a dependent of an Active duty service member who was stationed in Yokosuka Japan in June 1990 at which time I was eight years of age and unaware of the medical conditions. The whole family was entered into the Exceptional family member program, Descended from overseas assignment and relocated to Washington DC for treatment at Walter Reed Army Medical Center in April 1991. I was Approximately 9 years of age. Treatment ended in Feb 1993 when I was approx 10.
I was never told of the medical conditions or the Nature of these conditions. As I was unaware of these issues I did not report them upon enlistment. I never intended to hide or cover up any information and request that my type of Discharge be upgraded to Honorable.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20000628 – 20010603               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20010604             Date of Discharge: 20011023

 Length of Service (years, months, days):

 Active: 00 04 20
         Inactive: None

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

 Age at Entry: 17 (Parental Consent)

Years Contracted: 4

Education Level: 12                                 AFQT: 37

 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): M16A2 Marksmanship Badge

*Not Available


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 :

010912:  Medical Evaluation by D_ M_, LT MSC USNR: BMP PFC recently retuned from boot leave with possible SI (according to his mother). Command reports that Applicant is “frustrated” as he is medically incapable of moving forward and consequently required to remain at MCRD. Applicant denies SI and asserts he has no intention of hurting himself in any way. He agrees to report to MHU at 0700 tomorrow am for further evaluation. He will have a shadow watch until then to ensure safety. Discussed plan with member and Capt S_. Both expressed clear understanding and concur with plan.

010913:  Medical Evaluation Follow Up: PFC W_ (Applicant) followed-up this a.m. per plan. This is the 1 st evaluation by MHU of this 18 year old. Members reported to Capt S_ that he had expressed SI and had a history of emotional difficulties and a suicide gesture and I can physically see them and touch them I’m fine. Due to a lack of self-confidence and fear of rejection, he reports he has difficulty making friends. He says he had only one close friend in high school and was a target of teasing and alienation throughout his childhood. Throughout training, he says his mood was depressed, he had decreased appetite, decreased sleep, night sweats, and was largely alienated by his peers. At home on boot leave he says his mood immediately improved. Emotionally, the Applicant asserts he cannot function being geographically separated from his family. When asked why he did not inform MEPS about his history of emotional problems and psychiatric treatment, he responded, “I guess I wasn’t reading the form closely.” He also failed to speak up about his history of psychiatric treatment during MOT.

010913:  Medical Disposition Officer, Branch Medical Clinic: Applicant has a physical condition, which existed prior to enlistment and is disqualified for Active Duty Service. This condition is disqualifying for active duty service in accordance with DOD Directive 6130.0 (02 May 94), and would have been disqualifying at MEPS, had all the facts been known at the time of enlistment physical examination. The undisclosed history is Dysthymic Disorder and history of Oppositional Defiant Disorder (ODD).

010913:  Commanding Officer, Support Battalion: Applicant interviewed. The Applicant will be processed for a fraudulent enlistment due to undisclosed history of Dysthymic disorder and ODD. It is recommended that the Applicant be removed from training platoon and be transferred to recruit separation platoon.

010913:  Voluntary Statement of Applicant: At this time I do not wish to make a statement, but I did not disclose any other medical to any recruiting member other than listed in my medical records.

010914:  Officer in-Charge, Recruit Administration Center, Recruit Training Regiment, Marine Corps Recruit Depot, Parris Island advised the Commanding Officer, Support Battalion, Recruit Training Regiment, Marine Corps Recruit Depot, Parris Island that the Applicant was placed on Stop-Orders as of 13 September 2001.

011023:  Administrative Remarks: Applicant assigned re-enlistment code of RE-3P because of Fraudulent Entry for pre-service undisclosed Dysthmic Disorder.

011023:  DD Form 214 stating that the Applicant discharged on June 04, 2001.

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 20011023 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 available 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 service member’s performance or conduct that would merit another 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 4 month in the military to warrant a higher characterization. Relief is not warranted.

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.

While the Applicant acknowledges his pre-service treatment, he contends that he was unaware of the nature of his medical conditions. Consequently, he did not report them upon enlistment. The Applicant argues that since he did not intend to hide or cover up any information, he requests that his discharge be upgraded to Honorable. While the Applicant claims not to have known why he was being treated, he was still required to report such treatments to military officials during entry level processing. The Board found that the Applicant deliberately omitted or concealed of facts, which, if known at the time would have reasonably been expected to preclude, postpone, or otherwise affect the Marine’s eligibility for enlistment or induction. This constitutes fraudulent entry, and the Board unanimously concluded that the Applicant’s service characterization is proper and equitable as issued. Relief denied.

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 post-service accomplishments or any other evidence related to the 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 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 .

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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