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USMC | DRB | 2006_Marine | MD0600375
Original file (MD0600375.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. MD06-00375

Applicant’s Request
The application for discharge review was received on 20051229. 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 did not designate a 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 Uncharacterized by reason of defective enlistment and induction due to a fraudulent entry - drug abuse.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated


Applicant’s issues, as stated on the application:

“My discharge of, fraudulent entry due to drug use, was disclosed before I left for boot camp.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Privacy Release Form, dtd March 23, 2005 (2 pgs)
Applicant’s DD Form 214
Drug Abuse Screening Form, dtd April 9, 1998
 Letter from Sister A_ J_, RN, concerning volunteer efforts, dtd April 16, 2005
 Letter of Recommendation for Social Work Internship, dtd January 19, 2006
Letter of Acceptance into Social Work Program, dtd February 9, 2006

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19980410 – 19980420               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19980421             Date of Discharge: 19981016

 Length of Service (years, months, days):

 Active: 00 05 26
         Inactive: None

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

 Age at Entry: 20

 Years Contracted: 4

Education Level: 12                                 AFQT: 69

 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, DRUG ABUSE, authority: MARCORSEPMAN Par. 6204.3.

 Chronological Listing of Significant Service Events :

980407:  Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.
980409:  Drug Abuse Screening Form: Applicant disclosed pre-service illegal use of marijuana (200 times experimental marijuana use) .

980410:  Pre-service waiver granted. (DDC : Serious offense l aw violation CG Region-level. )

980422:  Pre-service waiver granted. (MGB)

 980528:  Medical evaluation by Depa rtment Head, Mental Health Unit, MCRD, Parris Island, SC.
         Assessment: Schizophrenia Personality Features.
          Remarks: SNR admits suicidal ideation. He is starting to exhibit signs of early Psychotic decompensation . He believes other RCTs “know or know of him” This is an early sign of decompensation and showed be treated with low stress & rapid ELS.
         Plan:
         Recommendation: Rapid-Failure to Adapt discharge, fraudulent screening at Medical Disposition Office , undisclosed drug use THC x 200, LSD x 20, coke x 2.

980601:  Applicant hospitalized .

980601:  Medical evaluation by DDEAMC, Fort Gordon, Georgia.
          AXIS I: Schiziphreniform disorder with good prognostic features manifested by prominent delusions of persecution, catatonic behavior, affective flattening, avolition and alogia have occurred over a significant portion of time during a one month period which lasted greater than one month and less than six months that is no consistent with a schizo-affective disorder or prominent mood disorder and is not due to the direct physiological affects or a substance or general medical conditions. The patient had onset of symptoms within four weeks of noticeable change in behavior and with good and premorbid functioning. External precipitating stress: Moderate Premorbid personality and predisposition: Moderate. Degree of psychiatric impairment for social and industrial adaptability: Severe. Line of duty: Yes. Existed prior to service: No . Service aggravated: No. Impairment of military duty: Marked.
         AXIS II: No diagnosis
         AXIS III: No diagnosis
         Recommendation: Present to the Physical Evaluation Board for determination of fitness of duty in accordance with AR 40501, Chapter 3, paragraph 3-31. He is mentally competent for pay purpose and to understand and participate in board proceedings.
981008:  President, Physical Evaluation Board terminated Applicant’s case.
        
981014:  Medical evaluation by Department Head, Mental Health Unit , MCRD, Parris Island, SC.
         Assessment: Schizophreniform disorder.
          Remarks: Admitted to ENMC after catato n ic psychotic break during boot camp after greater than 10 wks. Recruit D_ (Applicant) was stabilized on medication. He was recommended for an MEB which was halted by the Navy in favor of administrative separation. He is stable for outpatient psychiatric treatment at this time.
         Recommendation: Rapid-Failure to Adapt discharge.
981015:  Applicant from h ospital .

981016:  Applicant m edically cleared for discharge.

981016:  Applicant notified of intended recommendation for discharge by reason of fraudulent entry. The factual basis for this recommendation was fraudulent for pre-service undisclosed Poly Substance Abuse and Schizophrenia Disorder.

981016:  Applicant advised of rights and elected not to consult with counsel .

981016:  Commanding Officer, Recruit Training Regiment , recommended to Commanding General, Marine Corps Recruit Depot/Eastern Recruiting Region, Paris Island SC , Applicant’s entry level separation by reason of defective enl istment due to fraudulent entry. The basis for the recommendation is the Applicant’s preservice poly substance abuse and schizophrenia disorder. The Applicant was found unsuitable for further service by Mental Health Unit and hospitalized for schizophreniform disorder.

981016:  Assi stant Chief of Staff, Recruiting, Marine Corps Recruit Depot/Eastern Recruiting Region, informed the Commanding General, Marine Corps Recruit Depot/Eastern Recruiting Region, that the Applicant’s case had been reviewed and that the detectability code assigned was: Category III, No Recruiting Station or MEPS error.

981016:  GCMCA, Commanding General, Marine Corps Recruit Depot/Eastern Recruiting Region, Paris Island SC, directed Applicant’s 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 19981016 by reason of defective enlistment and induction due to a fraudulent entry - drug abuse (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).

The Applicant implies that his discharge is improper because he disclosed his prior service drug use prior to enlistment. An enlistment, induction, or period of service is fraudulent when there has been deliberate material misrepresentation, including the omission or concealment 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. On 19980409, during the enlistment process, the Applicant disclosed prior use of marijuana. On 19980528, at MCRD, Parris Island, South Carolina, the Applicant disclosed additional prior service drug use. Specifically the Applicant disclosed using LSD on twenty occasions and cocaine on two occasions. The Applicant’s issue is without merit. Relief denied.

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 six months in the military to warrant a change of discharge. Additionally, 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. 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 P1900.16E), 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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