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USMC | DRB | 2008_Marine | MD0801650
Original file (MD0801650.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20080730
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MARCORSEPMAN

Applicant’s Request: Characterization change to:
                  Narrative Reason change to: SECRETARIAL AUTHORITY

Summary of Service

Prior Service:
Inactive: USMCR (DEP) 20061024 - 20070514                Active:

Period of Service Under Review:
Date of Enlistment: 20070515     Period of E nlistment : Years Months     Date of Discharge: 20070529
Length of Service : Y ea rs M on ths 15 D a ys        Education Level:        Age at Enlistment:
AFQT: 64          MOS: 8000         Highest Rank:    Fitness R eports:
Proficiency/Conduct M arks (# of occasions):       /
Awards and Decorations ( per DD 214): NONE

Periods of UA / CONF : NJP : S CM : SPCM: CC:

6105 Counseling :
- 20070521 : Regarding recommendation of Entry Level Separation. On 20070521 A pp licant made a suicidal ideation
 by stating to his SDI that he was going to kill himself if not al lowed to go home. On 20070521
A pplicant was evaluated at MCRD, MHU and diagnosed with alcohol dependence in a controlled
environment (EPTE). Third Battalion recommends Entry Level Separation categorized as Defective
Enlistment and Induction: Fraudulent Enlistment. Applicant claims to have a history of alcohol abuse
that he failed to disclose to his recruiter, MEPS or during the Moment of Truth. His condition was not
annotated on his DD 2708 or 2707 form. [Extracted from supporting documents.]

- 20070524: Recommended for separation by reason of Defective Enlistment - Fraudulent Enlistment for alcohol
dependence. [Extracted from supporting documents.]

Types of Documents Submitted/reviewed

 Related to Military Service:      DD 214:          Service and/or Medical Record:            Other Records:

Related to Post-Service Period:  
         Employment:                        Finances:                          Education /Training :     
         Health/Medical Records:           Substance Abuse:                           Criminal Records:       
         Family/Personal Status:                   Community Service:                References:              
Additional Statements From Applicant:             From Representat ion :              From Member of Congress:

Other Documentation (Describe) :
                  - Statement from Applicants mother.



DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

 1. Desires Narrative Reason for Separation to be changed to SECRETARIAL AUTHORITY.


Decision


 Date : 20 08 1113             Location: Washington D.C .         R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall FRAUDULENT ENTRY INTO MILITARY SERVICE .
Discussion

 : ( ) . The Applicant states he was unhappy in boot camp because it was not like his recruiter had promised. Since he was desperate to return home, he lied and told medical authorities he was alcohol dependent. He states the military was negligent in not investigating his claims more thoroughly. In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. 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.

By the Applicant’s repeated own admission he threatened to kill himself if he were not allowed to go home. He stated to competent medical authorities he had a significant alcohol problem ( i.e. consumed 12-14 cans of beer 3-4 times per week) before entering boot camp. The Applicant’ s mother writes in her statement he suffered from anxiety and mild OCD tendencies before e nlisting. The stressful recruit training environment exasperated these problems. As a result of this added stress, the Applicant claimed to be suicidal. As such, it was in his , and the militaries , best interest to expeditiously discharge him. He was processed accordingly. The Applicant now states he lied about his alcohol use because he was willing to do anything to return home .

For the edification of the Applicant, a member may be sep arated on the basis of fraudulent enlistment when the enlistment would not have occurred if relevant facts had been known or had appropriate directives been followed . Self-admission of a pre-existing condition is grounds for a fraudulent enlistment discharge. Despite the fact the Applicant is now recanting his admission, m edical professionals at boot camp felt there was sufficient evidence to support h is claim of alcohol dependency. The Applicant does not provide any additional documentation to support his claim that he was not alcohol dependent aside from his and his mother’s statements saying he lied. In lieu of the above, the Board does not consider the circumstances surrounding t he Applicant’s stated condition or the implied incor rect diagnosis, to be of sufficient nature to exculpate the Applicant’s narrative reason for discharge . For this reason the Board voted the narrative reason for separation shall remain fraudulent enlistment.

After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record, Discharge Process and evidence submitted by the Applicant, the Board found

Pertinent Regulation/Law

 A. The Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 1 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 or is referred to a court-martial fo r 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 or for any basis wherein an Other Than Honorable Discharge is authorized, 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 other medical related reasons. ” 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 special 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. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

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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