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USMC | DRB | 2006_Marine | MD0600247
Original file (MD0600247.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. MD06-00247

Applicant’s Request
The application for discharge review was received on 20051122 . 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 personal appearance hearing discharge review before a traveling panel closest to Waco, Texas . The Applicant designated Disabled American Veterans as the representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in Washington, DC at the Washington Navy Yard. The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20061005 . 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 young and made a mistake when I first enlisted in the service. I made up stories in order to get out. I am now more mature and wish to enlist into any military service and serve my country. I would like change the character of my discharge in order to reenlist. ”
Additional issues submitted by Applicant’s counsel/representative ( Disabled American Veterans):

“ The Applicant is petitioning the Board for a favorable change in his discharge. Mr B_’s records reflect that he Fraudulently entered the U.S. Marine Corps based on a psychiatric condition. He states he was young and made a mistake, he states he really wanted to go into the military and thought he was stable enough to join the Marine Corps. Post service evidence reveal that the Applicant is employed part time as a Range helper for N _ G _ Consolidated Ranges Service June 2005. The Range Supervisor states in his letter that the applicant is a valuable asset. He is dependable, reliable, and is often called in when needed. He is one of the hardest worki ng individuals assigned to the C ompany. He works very well w/peers. He volunteers and often helps others. It is important that the Board consider the mitigating and extenuating circumstances in this case, coupled with the impetuosity of his youth, and a favorable decision is this case should be greatly considered. ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
 5 pages from the Applicant’s medical record
Employment Reference ltr, from C_ C. C_, dtd October 1, 2005
 Letter from Disabled American Veteran, dtd November 10, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20020617 – 20030601       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20030602              Date of Discharge: 20030714

Length of Service (years, months, days):

 Active: 00 0 1 13
         Inactive: None

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

Age at Entry: 1 9

Years Contracted: 4

Education Level: 12                                 AFQT: 35

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/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MARCORSEPMAN Par. 6204.3.
Chronological Listing of Significant Service Events :

030619:  The Applicant, having expressed suicidal ideations, contracted for safety, agreeing not to hurt himself or others.
030620 :  Medical evaluation by LCDR R. D. B_, MC, USN, Mental Health Unit, Marine Corps Recruit Depot, San Diego, CA .
          Chief Complaint: Passive Suicidal Ideations, Anxiety, Paranoia.
          Psychiatric history: Evaluated by school psychologist in 4 th and 10 th grade for social isolation & anxiety. Placed in alternative classroom, but never treated psychiatrically. Patient noted suicide attempts, occurring in occurring on same day while in 4 th grade.
         Childhood Conduct:
         Fire starting:   Yes x 4 age 10-13
         Shoplifting:     Yes x 2 6 th grade
         Fighting:        Yes x 2 5 th /6 th grade
         Runaway:         Yes attempted in 5 th grade
          AXIS I:          Generalized Anxiety Disorder (EPTE)
         AXIS II:         Personality D/O NOS with paranoid & schizotypal features
 AXIX III:        None, at eval, pt was not considered suicidal, homicidal, or psychotic. He is competent and fully accountable for his actions.
AXIS IV:         OCC stresses recruit training
AXIX V:          GAF Current 60
                  Highest Past Year 50
         Recommendation:
         A. The patient was educated regarding his diagnosis and disposition. Patient did indicate an understanding of same.
          B. Strongly recommend ELS for unsuitability. There is a significant risk of harm self and /or others but risk is acceptable if the recruit is transferred to RSP while awaiting processing.
          C. Strongly recommend psychiatric evaluation upon return home to [unreadable] anxiety s i t uation.
         D. Pt instructed to present emergently (via Drill Instructor) should conditions worsen, or he become an imminent danger to self or other. Pt agreed to comply.

030620:  Branch Medical Clinic, MCRD, San Diego medical record entry: Applicant acknowledged that though found qualified for active duty on 020617, the Applicant does not meet the minimum standards for enlistment.

030623:  The Applicant, having expressed suicidal ideations, contracted for safety, agreeing not to hurt himself or others.
030625:  Recruit training record excerpt: “…SSgt M_ also spoke to SNR’s father last night concerning Recruit B_ [Applicant] and was able to confirm with the parents that Recruit B_ [Applicant] had had psychological problems in the past. He also confirmed that Recruit B_ [Applicant] had been found by his mother with a gun in his mouth. ”

030703:   Commanding Officer, 2 ND RTBN , MCRD , San Diego, CA recommended to Commanding General, Marine Corps Recruit Depot, San Diego, CA that Applicant be discharged by reason of entry level performance and conduct. Commanding Officer’s comments: “On 030119, SNR made suicidal statement to the Chaplain. The SDI referred him to MHU on 030620. SNR alleged a long history of anxiety, depressed sleep and focus, which has worsened since arriving at MCRDSD. MHU diagnosed SNR with Generalized Anxiety Disorder (EPTE). Personality Disorder Not Otherwise Specified with Paranoid and Schizotypal Features. SNR was recommended for ELS due to unsuitability. SNR was schedule to attempt RAMPS but did not attend due to MHU consult.”

030707:  Quality Control Division/Recruit Liaison Branch comments on Commanding Officer’s (2 ND RTBN) recommendation: “SNR diagnosed by MHU with personality disorder. SNR admits to attempting suicide twice prior to enlistment. SNR did not tell MEPS about his past suicide attempts. ELS Med Fraud vice ELPAC. ”

0 30708 :  Applicant notified of intended recommendation for discharge- entry level separation by reason of defective enlistment - fraudulent enlistment. The factual basis for this recommendation was failure, upon enlistment, to divulge [Applicant’s] preservice medical condition (personality disorder) which would have effected eligibility at time of enlistment.

0 30708 :  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.

030708:  Applicant counseled and acknowledged understanding he is not recom mended for reenlistment and has been assigned reenlistment code of RE-3F by reason of Defective Enlistment –Fraudulent Enlistment: Personality Disorder.

030711 :  GCMCA, Commanding General, Marine Corps Recruit Depot, San Diego, directed the Applicant's uncharacterized discharge by reason of Defective Enlistment and induction ( fraud generalized anxiety disorder 6204.3 ) .
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030714 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).
The Applicant contends that his discharge should be upgraded because he “made up stories” in order to be discharged and is now more mature and would like to reenlist. The Applicant’s representative implies that the Applicant’s discharge should be changed due to the Applicant’s post-service conduct. 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 months in the military to warrant a change of discharge to honorable. However, 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. Additionally, the Board has no authority to change a discharge for the sole purpose of enhancing enlistment, employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Relief is not warranted.

Based on the Applicant’s issue, namely that he “made up stories” in order to be discharged, the Board reviewed the Applicant’s record to determine whether the Applicant’s narrative reason for separation should be changed. 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. There is no evidence of impropriety, inequity or procedural irregularities in the Applicant's discharge. The evidence of record shows the Applicant disclosed prior suicidal ideations during his enlistment which were not previously disclosed at induction to military service. The Applicant’s admissions were substantiated by the Applicant’s parents on 20030625. The evidence of record clearly shows that the Applicant enlisted fraudulently and that is the reason the Applicant was discharged. To change the narrative reason for separation would be inappropriate. 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. 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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