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USMC | DRB | 2006_Marine | MD0600505
Original file (MD0600505.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. MD06-00505

Applicant’s Request
The application for discharge review was received on 20060221 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable . 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 20061214 . 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 General (Under Honorable Conditions) by reason of defective enlistment and induction due to a fraudulent entry.






PART I - ISSUES AND DOCUMENTATION

Decisional Issues :

Equity: College and Employment opportunities.
Documents submitted by Applicant:
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4) and (Member 1)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20030612 - 20031026       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20031027              Date of Discharge: 20050128

Length of Service (years, months, days):

 Active: 0 1 0 3 0 2
         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: 43

Highest Rank: PFC                                    MOS: 0311

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 2 ( 2 )                                Conduct: 4 . 2 ( 2 )

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Global War On Terrorism Service Medal, National Defense Service Medal, Rifle Qualification Badge (Sharpshooter) .


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
GENER AL (UNDER HONORABLE CONDITIONS) /FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MARCORSEPMAN Par. 6204.3.
Chronological Listing of Significant Service Events :

040607 :  Medical evaluation by R. C. W_, HM1/IDC/USN: Single 20 year old active duty male follow up for asthma. Member recently checked in to 2/8, states he was being worked up for asthma with last command.
         PMH- childhood Asthma/eczema – (undisclosed)
         A/1: complaints of Asthma and Eczema
          P/2 continue medication

040609:  Medical evaluation by 2/8 BAS: 20 year old male new check in to battalion, complains of worsening asthma. For past several months, patient has experienced an increase in his asthma symptoms .
          A: Asthma, poorly controlled
          P: Continue albutenol PRN
040712:  Battalion Surgeon, 2D Battalion, 8 th Marines, 2MARDIV recommended an administrative separation for a medical condition that is not a disability. He has asthma and vocal cord dysfunction.

040715:  Company Commander informed Physical Evaluation Board, Naval Council of Personnel Boards, PFC D_ (Applicant) is currently serving as a rifleman in 1 st platoon, however he is unable to perform any of the duties required of his billet due to him being on light duty. PFC D_ does not have any pending disciplinary or administrative action that could result in an unfavorable separation from the service.
041006:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Specification: On 040921 from 0631-1700 SNM was in unauthorized absence.
 Award: Forfeiture of $312.00 pay per month for 1 month. Not appealed.
041130 :  Applicant notified of intended recommendation for an honorable discharge by reason of fraudulent enlistment. The basis for this recommendation was fraudulent enlistment due to a medical condition, asthma. Applicant informed the least favorable character of service possible was as general (under honorable conditions).

041130:  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.

041130:  Commanding Officer, Battalion Landing Team 2/8, 26 th Marine Expeditionary Unit recommended that the Applicant be separated with an honorable discharge by reason of fraudulent enlistment. Commanding Officer’s comments: “I have thoroughly reviewed the enclosures, and it is clear that Private D_ (Applicant) does not have the potential to successfully complete the remainder of his enlistment due to his pre-existing medical condition, asthma. Private D_’s medical condition renders him completely ineffective as a Marine because he cannot perform any physical activities. As shown in enclosure’s (5) and (6), Private D_ lied during his Military Entrance Processing Station (MEPS) physical examination, and has had this medical condition his entire life. Overall, Private D_’s performance and conduct has been average. He presents himself as a Marine who cannot handle the physical demand of the Marine Corps. I recommend that he be separated from the Marine Corps, because retention on this Marine will adversely affect the combat readiness of this command. Based upon the enclosures, it is my opinion that a characterization of service of honorable conditions is warranted. ”
041222:  Commanding Officer, 26 th Marine Expeditionary Unit concur red with the recommendations of the BLT Commander and recommend ed that SNM be separated with a n honorable discharge.

050121:  Commanding General, II Marine Expeditionary Force , approved the recommendation that Private First Class C_ D. D_ (Applicant) be discharged in accordance with paragraph 6204.3 (Code GDA1) of the reference for fraudulent entry into military service. The characterization of service is general (under honorable conditions).
050121 :  SJA review determined the case sufficient in law and fact.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050128 by reason of defective enlistment and induction due to a fraudulent entry (A) with a service characterization of general (under honorable conditions. After a thorough review of the records, supporting doc uments, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).

Equity – College and Employment opportunities: The Applicant requests an upgrade because he is “trying to apply to college” and “would have a greater chance of getting a better job.”

The Applicant is advised that the Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits or enhancing employment and educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge. Since these issues do not serve to provide a foundation upon which the Board can grant relief, relief on this basis 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. 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 P1900.16F), 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 .

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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