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USMC | DRB | 2006_Marine | MD0600474
Original file (MD0600474.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. MD06-00474

Applicant’s Request
The application for discharge review was received on 20060208 . 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 20061207 . 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.
The NDRB did note administrative error(s) on the original DD Form 214. Block 28, Narrative Reason for Separation, should read: “ FRAUDULENT ENTRY INTO MILITARY SERVICE, DRUG ABUSE .” The Commandant, Headquarters USMC, Quantico, VA, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I - ISSUES AND DOCUMENTATION


Decisional Issues
Equity: Family situation.
Equity: Post-service conduct.


Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 for period ending 990727
Discharge Summary from Medical University of South Carolina, dtd July 26, 1999
Transplant Surgery Report from Medical University of South Carolina, dtd August 12, 1999 (2 pages)
Applicant’s DD Form 214 for period ending 020727
Applicant’s DD Form 214 for period ending 050227
 1 3 Pages from Applicant’s Army Service Record
Character Reference ltr from S _ J. K _ , 1LT, FA, USAR , Commanding Officer , 449 th AG Company (Postal) , dtd December 13, 2005
 Character Reference ltr from SFC B_, Unit FTUS Manager, dtd December 12, 2005 , unsigned
Character Reference ltr from J_ M_, Operations Manager , Goodwill , dtd February 27, 2006

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19980831 - 19990615       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 19990616              Date of Discharge: 19990727

Length of Service (years, months, days):

 Active: 00 0 1 12
         Inactive: None

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

Age at Entry: 20

Years Contracted: 4

Education Level: 12                                 AFQT: 68

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 /F RAUDULENT ENTRY INTO MILITARY SERVICE, DRUG ABUSE, authority: MARCORSEPMAN Par. 6204.3.
Chronological Listing of Significant Service Events :

980828:  Report of Medical History (Standard Form 93) Applicant stated he used marijuana once in 1995 and never used any other drug or alcohol.

990711:  Applicant’s voluntary statement regarding pre-service drug use.
990714:  Moment of Truth drug waiver sheet: Applicant indicated he used marijuana 1 time, LSD 20 times, c ocaine 18 times, and c rank 1 time.
          Comments: “ SNR at RLS to confess drug abuse on multiple drug use. SNR Drill Instructor states that SNR and another recruit conspire d /contrived another story about homosexuality during an RS visit, then changed their stories. After talking with this recruit I feel he is [lying] . I respectfully recommend that this waiver be approved and further recommend that this recruit be charged with malingering and false official statement s .”

990715:  Assistant Chief of Staff, Recruiting , disapproved the waiver for retention .

990721:  Applicant notified of intended recommendation for discharge as fraudulent entry by reason of fraud - pre-service undisclosed drug abuse.

990721:  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. Applicant acknowledged that the administrative separation would be an entry-level separation.

990722:  Assistant Chief of Staff, Recruiting , determined the Applicant was not retainable due to preservice drug use and fraud. Assistant Chief of Staff Recruiting , recommended Applicant be discharged.

990722:  Commanding Officer, Recruit Training Regiment, recommended that the Applicant be discharged for defective enlistment du e to fraudulent entry by reason of admitt ed pre-service undisclosed drug abuse.

990722 :  Commanding General, Marine Corps Recruit Deport/Eastern Recruiting Region, approved the Applicant's discharge .

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990727 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 contends that his character of service should be changed because he falsely admitted pre-service drug use to facilitate discharge from the Marine Corps due to his father’s medical condition. The Applicant also implies that his character of service should be changed due to his post-service accomplishments. 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. The Applicant should be aware, however, 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 is not warranted.

The Applicant implies that his narrative reason for separation is improper because he falsely admitted pre-service drug use to facilitate discharge from the Marine Corps. The Applicant admitted previously undisclosed illegal drug use on 19990711 and 19990714. The Applicant’s discharge was subsequently recommended and directed on this basis. No other narrative reason for separation could more clearly describe why the Applicant was discharged. Additionally, for the edification of the Applicant, narrative reasons for separation are not normally changed as a result of post-service accomplishments. Relief is not warranted.

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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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