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USMC | DRB | 2007_Marine | MD0700168
Original file (MD0700168.rtf) Auto-classification: Denied
ex-, USMC
MD07-00168
Current Discharge and Applicant’s Request
Application Received: 20061117   Characterization Received:
Narrative Reason: FRAUDULENT ENTRY INTO MILITARY SERVICE         Authority: MARCORSEPMAN PAR 6204.3

 Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. Diagnosed with G.A.P. in service.
                           2. Inequitable due to not having medical or criminal activity prior service.


Decision

By a vote of 5-0 the Characterization shall remain GENERAL (UNDER HONORABLE CONDITIONS).         
By a vote of 5-0 the Narrative Reason shall remain FRAUDULENT ENTRY INTO MILITARY SERVICE .

Date : 200709 12      Location: Washington D.C. The Board found that


Discussion

Issue 1-2 (Equity. When reviewing a discharge, the NDRB does consider the extent to which a medical problem might affect an Applicant’s performance and ability to conform to the military’s standards of conduct and discipline. The NDRB generally does not consider the circumstances surrounding the Applicant’s stated condition, the implied incorrect diagnosis, nor the medical treatment given to the Applicant to be of sufficient nature to exculpate the Applicant’s narrative reason for discharge. The Applicant was seen by competent medical authority on numerous occasions resulting in his diagnosis of Generalized Anxiety Disorder . More importantly, the diagnosis was reaffirmed through the Applicant’s own statements that he suffered from the same afflictions pre-service.

When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. A general (under honorable conditions) discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s conduct, which forms the primary basis for determining the character of his service, was marred by alcohol abuse, nonjudicial punishment for violations of Article(s) 128, Assault and 134, Drunk and disorderly. The Applicant’s efforts fail ed to meet the standards and requirements of his contract with the Marine Corps and falls short of that required for an upgrade of his characterization of service. An upgrade to honorable would be inappropriate.



Summary of Service

Prior Service:
 Inactive: USMCR (DEP)     20030808 - 20030824                      
Period of Service Under Review:
 Date of Enlistment: 20030825               Years Contracted : ; Extension:          Date of Discharge: 20041006
Length of Service : 01 Yrs 01 Mths 11 D ys          Lost Time : Days UA: Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 53          MOS: 5900 Highest Rank:
Proficiency/Conduct marks (# of occasions):      4.2 ( 1 ) / 4.2 ( 1 )
Awards and Decorations ( per DD 214): NATIONAL DEFENSE SERVICE MEDAL, RIFLE EXPERT BADGE




Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge

 20040527:        CO's NJP -- Viol UCMJ Art. 128 – Assault a hotel employee; viol UCMJ Art. 134 – Drunk and disorder ly conduct. Awarded - FOP ($150.00) for (2months) 1 month suspended for 3 months ; RIR (E-1) suspended for 3 months ; Restr for (45days); Extra duties (45days).

 20040623 :        MARCORSEPMAN 6105 counseling for a cademic drop .
20040713:        Naval Hospital, Pensacola, FL Telephone Consultation: Applicant disclosed prior psychiatric treatment for d iagnosis of Generalized Anxiety Disorder and prior use and behaviors.

20040715:        Naval Hospital, Pensacola, FL Consultation Report: Applicant disclosed heavy methamphetamine use that was not disclosed during the time of enlistment. This use was first disclosed during a mental health evaluation on 20040614. Additionally, in treatment he disclosed selling drugs pre-service that had not been previously disclosed.

 20040719:        Naval Hospital, Pensacola , FL Psychiatric Evaluation: Diagnosis: Generalized Anxiety Disorder at age 19 .

20040726 :        MARCORSEPMAN 6105 counseling for having been diagnosed with G eneralized A nxiety D isorder, a condition that existed prior to your enlistment . Advised being processed for administrative separation.


Discharge Process

 Date Notified:   20040802
Basis for Discharge:     
        
Least Favorable Characterization:       
Commanding Officer’s Intended Recommendation:   

Date Applicant Responded to Notification:                  ILLEGIBLE
Rights Elected at Notification:
         Consult with Counsel                      
         Obtain Copies of Documents               
         Submit Statement(s) (date)                        
         Administrative Board                      

Commanding Officer Recommendation (date):        ( 20040823 )
SJA review (date):      
Separation Authority (date):     COMMANDER, MARINE CORPS AIR BASES, EASTERN AREA ( 20041004 )
Basis for discharge directed:   DUE TO:
Characterization directed:     
Date Applicant Discharged:       20041006


Types of Documents Submitted by Applicant and Considered By Board

 Related to Military Service:      Service and/or Medical Record:            Other Records:

Related to Post-Service Period:         
         Employment:                        Finances:                          Education:               
         Health/Medical Records:                   Substance Abuse:                           Criminal Records:       
         Family/Personal Status:                   Community Service:                References:              
        
Additional Statements From Applicant:    From Representative:
Other Documentation (Describe)      


Pertinent Regulation/Law

 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 II, Para 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Para 503, Equity .


ADDENDUM: Information for the Applicant

 Complaint Procedures : 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 to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC 20301-4000 . 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 . ”

Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provi ded the application is received at the NDRB within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge. Representation at a personal appearance hearing is recommended but not required. If a former member has been discharged for more than 15 years , has already been grante d a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

 Service Benefits: 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 and this issue does not serve to provide a foundation upon which the Board can grant relief.
Employmen t / Educational Opportunities : The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.

Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.
Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD . ” Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed.

Board Membership: 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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