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USMC | DRB | 2006_Marine | MD0600475
Original file (MD0600475.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. MD06-00475

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 honorable . The Applicant requests a personal appearance hearing discharge review before the Board in the Washington, D.C Metropolitan area . The Applicant did not designate a representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20061214 . After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board determined that the characterization of service was inequitable . The Board’s vote was unanimous that the discharge shall change to General ( Under Honorable Conditions ) by reason of fraudulent entry into military service, drug abuse.







PART I - ISSUES AND DOCUMENTATION

Decisional Issues :

Propriety: No counsel

Equity: Good service

Equity: Reentry
Documentation:
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)
Applicant’s DD Form 214 (Member 1)
Applicant’s DD Form 214 (Service 2) (2)
Excerpts from Service Record (15 pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19950712 - 19950827       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 19950828              Date of Discharge: 19960522

Length of Service (years, months, days):

 Active: 00 0 8 25
         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: 84

Highest Rank: PFC                                    MOS: 5900

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 .0 ( 1 )                        Conduct: 4 .0 ( 1 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): National Defense Service Medal, Rifle Marksman Badge .


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/FRAUDULENT ENTRY INTO MILITARY SERVICE, DRUG ABUSE, authority: MARCORSEPMAN Par. 6204.3.

 Chronological Listing of Significant Service Events :

950711 :  Applicant briefed on and certified understanding of Marine Corps policy concerning illegal use of drugs.

950712:  Report of Medical History: Applicant reported trying marijuana 3 times in March 95 – one joint each time.

 950712:  District Level Serious Offense waiver (to including marijuana use) approved.
960222 :  Medical evaluation by Mental Health Department, Naval Hospital, MCAGCC, 29 Palms, CA .
          The patient was seen today in follow up after having been seen by the psychiatric technician in the ER last night. Past history documents, by the patient’s report of serious maladjustment prior to service, i.e. nearly daily use of marijuana from age 16 to 19, 2 suspensions from school (once for fighting, once for cursing a teacher), an arrest for possession of a weapon (knife) and evasion of subway for payment, chronic suicidal ideation with one “partial” attempt, that of trying to jump off a roof (restrained by friends) at age 17 and alcohol abuse (drank 80 oz. beer per day for at least 2 years).
          Impression:
 AXIS I: 1 . Cannabis Dependence by history. 2. Alcohol Abuse by history.
         AXIS II: Personality Disorder NOS with antisocial passive-aggressive features, EPTE, Unsuitable for Military Service
         Recommendation:
          1. The patient is psychiatrically fit but clearly unsuitable for full duty; responsible for behavior.
 2. The patient has been advised of plan and agrees.
 3. I strongly recommend expeditious administrative separation from the USMC on the grounds of a severe, pre-existing personality disorder or other appropriate administrative/legal means. Though he is currently an acceptable risk of harm to self or others; if not expeditiously separated from service he poses an unacceptable risk of imm i nent danger to self/others.
 4. Small group therapy here at MHD Mondays and Wednesdays at 1030-1130.
5. Please bring this report to the direct attention of this man’s Commanding Officer or Executive Officer.

960228 :  Counseling: Advised of deficiencies in performance and conduct ( failure to adapt to military standards ), necessary corrective actions explained, sources of assistance provided. Advised of being processed for discharge due to being diagnosed with a personality disorder.

960307:  Applicant qualified for separation.

960520:  Counseling: Regarding the assignment of the reenlistment code RE-4 due to fraudulent enlistment.

960522:  DD Form 214: Applicant discharged under other than honorable conditions by reason of fraudulent entry into military service, authority MARCORSEPMAN PAR. 6204.3, CG MCAGCC LTR 1910 17/3 DTD 969516.

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 19960522 by reason of defective enlistment and induction due to a fraudulent entry - drug abuse (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 but in equitable (B and C). The Board presumed regularity in the conduct of governmental affairs (D).
The Applicant requests relief based on propriety, contending he was “not given legal counsel before discharge,” and based on his desire to join the Army Special Forces. The Board instead found that the Applicant warrants partial relief based on the quality of the service during the period of enlistment under review.

Equity – Good service: The Applicant implies that his discharge is inequitable because “there is no misconduct in [his] military record.”

The records document that the Applicant admitted (during entry level processing) trying marijuana three times. This disclosure was waived on 19950712. Later, during a mental health evaluation on 19960222, the Applicant disclosed “nearly daily use of marijuana from age 16 to 19.” The Applicant’s enlistment was determined to be fraudulently procured since he only disclosed trying marijuana three times. Applicable regulations stipulate that Marines who procure a fraudulent enlistment will be processed for separation unless the fraud is waived or the fraud no longer exists. The Board determined that the Applicant was properly notified, processed and discharged by reason of fraudulent entry.

The Board recognizes the Applicant’s period of service was only 8 months and 25 days. Notwithstanding the nondisclosure, the Applicant’s service contains no evidence of nonjudicial punishments, disciplinary actions, or any oth er significant negative aspects , which outweighed the positive aspects of the member’s period of service. What is more, he had one proficiency and conduct marking of 4.0 and 4.0, respectively. All considered, the Board unanimously voted to grant partial relief.

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 P1900.16E), 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 .

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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