Search Decisions

Decision Text

USMC | DRB | 2006_Marine | MD0600134
Original file (MD0600134.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD06-00134

Applicant’s Request
The application for discharge review was received on 20051017. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). The Applicant requests a documentary record discharge review. The Applicant designated American Legion as the representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060824. 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 Under Other Than Honorable Conditions 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 from an attached letter to the Board:

 “I was discharged in February of 1994. Ever since I left the Marine Corps I have been trying to forget the mistakes that caused my discharge. I first went in front of a VA board in order for them to decide if I should receive medical care and a disability percentage. The VA was understanding and agreed to treat my service connected injury and start me off with a 20% status. I was later informed that I qualified for the chapter 31 Vocational Rehabilitation program. I attended classes two at a time and slowly earned my Associates Degree from my local community college. I am now a few credits away from receiving my four year degree in Business Accounting from the University of Baltimore. While I attended school I held full time jobs. When I first got out I worked in a sub ship and through the years I have managed restaurants, hardware stores, worked in a printing shop, a machine shop, drilled water wells, and I have waited on tables. With my degree I hope to start a career in the Accounting field. This petition is in no way an attempt to excuse my behavior that caused my separation from the Marine Corps. I hope to make it clear that I have learned how I disgraced the Corps and myself. I am moving forward in life and I wish that the only impediment to my success be removed. Thank you.”
Issues submitted by Applicant’s representative ( American Legion):
“Equity Issue: Based on our review of evidentiary record and on behalf of this former member, we request that the Board consider provisions of SECNAVINST 5420.174D, Part IV, Paragraph 403 m (7), as it pertains to post-service conduct, in assessing the merits of this application.
_______________________________________________________________________
In accordance with Title 32, CFR, section 724.116 and SECNAVINST 5420.174D, Part I, Paragraph 1.20, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue(s) and following statement in supplement to this Applicant’s petition.

Our review of the service record reveals that this former member maintained Proficiency/Conduct markings of 4.3/4.4 and earned the NDSM, PEB and RMB. The applicant fraudulently enlisted in service when he made false official statements concerning his pre-service drug involvement. His prior drug involvement was revealed in a background investigation that resulted in the recommendation for immediate separation. Following due process notifications, he was discharged Under Other Than Honorable Conditions due to fraudulent enlistment in the Marine Corps as authorized by MARCORSEPMAN, Paragraph 6204.3.

Essentially, as noted on DD Form 293, this Applicant is requesting that his discharge be upgraded because of his post-service conduct. He has not submitted any additional documentation for consideration beyond copies of his SRB.
The American Legion’s express purpose in providing this statement and any other submittals or evidence filed is to assist this Applicant in the clarification and resolution of the impropriety or inequity raised. To that end, we rest assured that the NDRB’s final decision will reflect sound equitable principles consistent in law, regulation, policy and discretion as promulgated by Title 10, USC, Section 1553, and set forth in Title 32, CFR, Part 724 and SECNAVINST 5420.174D.

This case is now respectfully submitted for deliberation and disposition.”
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)    19910108 – 19910506               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19910507             Date of Discharge: 19930205

 Length of Service (years, months, days):

 Active: 01 09 00
         Inactive: None

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

 Age at Entry: 19

 Years Contracted: 4

Education Level: 12                                 AFQT: 47

 Highest Rank: LCpl                                  MOS: 0341

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (5)                                Conduct: 4.4 (5)

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): National Defense Service Medal


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/Fraudulent entry into the Marine Corps (administrative discharge board not required), authority: MARCORSEPMAN Par. 6204.3.

 Chronological Listing of Significant Service Events :

920103:  Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.
921015:  Department of the Navy Adjudication Control Facility (DONCAF). Pvt I _ (Applicant) has been removed from all W HCA clearance rosters and will not be considered for Presidential Support Duties effective immediately.
921203:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of defective enlistment and induction due to fraudulent entry into the Marine Corps. The factual basis for this recommendation was the Applicant’s current admission to post service drug usage and prior service drug usage and prior service drug usage which he admittedly denied upon entering the U.S. Marine Corps.

921203:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

 921203:  Commanding Officer, Marine Barracks, recommended to Commanding General, Marine Corps Combat Development Command, that the Applicant be separated with a general discharge under under honorable conditions by reason of defective enlistment and induction due to fraudulent entry into the Marine Corps. The factual basis for this recommendation was defective enlistment and induction due to fraudulent entry into the Marine Corps. Enclosures (1) through (6) are submitted in support of this recommendation. Co mmanding Officer’s comments: “ Illegal drug use and integrity violations are not to be tolerated in the Marine Corps. Lance Corporal I_ (Applicant)’s admitted use, denial, and subsequent false admissions, coupled with false official written documentation, enclosure (4), signed at the time of application to enter into the USMC, illustrate his unwillingness to adhere to Marine Corps standards. The sensitive nature of Presidential support duties requires all personnel strictly adhere to the Marine Corps standards and policies. Therefore, I recommend he be separated for defective enlistment and induction by reason of fraudulent entry into the Marine Corps with a general discharge under honorable conditions.”
930106:  SJA review determined the case sufficient in law and fact. This recommendation for separation is by reason of fraudulent enlistment, specifically based upon the respondent’s failure to disclose his pre-service use of LSD and marijuana, as well as his exchanging marijuana for goods and favors. Further, the respondent has admitted using LSD subsequent to his enlistment in the Marine Corps. In addition, during the course of a background investigation, the respondent made false official statements concerning his pre-service drug involvement.
930107:  GCMCA, Marine Corps Combat Development Command, advised the Commandant of the Marine Corps (MMSB) that the Applicant will be discharged under other than honorable conditions by reason of defective enlistment due to fraudulent entry.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930205 by reason of defective enlistment and induction due to a fraudulent entry (A) with a service characterization of under other than honorable conditions. 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).

When the service of a member of the U.S. Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable. An under other than honorable conditions discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s service was marred by a fraudulent enlistment and subsequent admission of in-service drug use. The Applicant failed to reveal a significant pre-service drug history. These omissions and his in-service use were particularly reprehensible for a member in the personal reliability program serving Presidential duties. Violations of UCMJ Article 112a (drug use) are considered serious offenses for which a punitive discharge is authorized at courts martial. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Marine Corps and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

In the Applicant’s case, he requested an upgrade primarily based on post service conduct. The following is provided for the edification of the Applicant. 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 any post-service documentation for the Board to consider. 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 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. 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

Similar Decisions

  • USMC | DRB | 2005_Marine | MD0500306

    Original file (MD0500306.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. rd Battalion Commanding Officer indicates recruit had a preservice history undisclosed of asthma with no allegations toward any recruiting members.040428: Applicant’s voluntary medical statement: This Recruit was not aware of this medical condition before entering MEPS and therefore did not disclose the information he has been enlightened with. ...

  • NAVY | DRB | 2004 Marine | MD04-01263

    Original file (MD04-01263.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to uncharacterized. 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 Applicant was processed for administrative separation by reason of defective enlistment and induction due to a fraudulent entry because of his failure to...

  • USMC | DRB | 2005_Marine | MD0500150

    Original file (MD0500150.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to uncharacterized and the reason for the discharge be changed to “ELS.” The Applicant requests a documentary record discharge review. I look forward to hearing from you as soon as possible.Sincerely,R_ M_ G_ (Applicant) ” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered: DD Form 370 filed by H_ L. J_ Jr. DD...

  • NAVY | DRB | 2004 Marine | MD04-00894

    Original file (MD04-00894.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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 Applicant’s service record did not contain any unusual circumstances during his less than two months in the military to warrant a change of discharge.

  • NAVY | DRB | 2004 Marine | MD04-01072

    Original file (MD04-01072.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant's service record did not contain any unusual circumstances during his less than two months in the military to warrant a change of discharge to "honorable." A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

  • USMC | DRB | 2006_Marine | MD0600375

    Original file (MD0600375.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). Assessment: Schizophrenia Personality Features. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19981016 by reason of defective enlistment and induction due to a fraudulent entry - drug abuse (A) with a service characterization of uncharacterized.

  • USMC | DRB | 2003_Marine | MD03-01260

    Original file (MD03-01260.rtf) Auto-classification: Denied

    MD03-01260 Applicant’s Request The application for discharge review was received on 20030717. The Applicant requests the reason for the discharge be changed from Fraudulent Entry. At the very least I would want the DD214 to remove the Fraudulent Entry statement or state prominently on the DD214 that the reason was for Asthma, not criminal activity.

  • USMC | DRB | 2002_Marine | MD02-00471

    Original file (MD02-00471.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Statement from Applicant's father dated December 27, 2001 Statement from Applicant's mother dated December 27, 2001Statement from doctor dated December 12, 2001Copy of Applicant's DD Form 214 (Member 1 and 4)Nine pages from Applicant's service record PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active:...

  • USMC | DRB | 2005_Marine | MD0501184

    Original file (MD0501184.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions) and the Narrative Reason for Separation be changed to “None or General.” The Applicant requests a documentary record discharge review. Issues, as stated Applicant’s issues, as stated on the application and/or from an attached document/letter to the Board:“My discharge was unjust because Applicant disclosed his medical condition to his...

  • USMC | DRB | 2003_Marine | MD03-01058

    Original file (MD03-01058.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. After some personal time, I want to serve my country along with those who already are.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active:...