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

 ex-Pvt, USMC
Docket No. MD99-00649

Applicant’s Request

The application for discharge review, received 990413, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to HON RECODE TO 2.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000403.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNCHARACTERIZED/ FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MARCORSEPMAN Par. 6204.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. To Whom It May Concern

During my last year of high school, I talked with a number of United States Armed Forces recruiters, and I gave a lot of serious thought to enlisting in one of the branches of the military.  Being involved in the military sounded rewarding and challenging to me, and I felt it would be an honor to serve my country.  Upon graduation in June 1995, 1 decided to go to college, but I still felt a strong interest in joining the military.  After one semester of college, I was undecided about what academic field I wanted to pursue, and began once again to think seriously about military service.  After talking with recruiters in all branches of the service, I decided to join the United States Marine Corps.  I was excited and eager to accept the challenges that lay ahead as I left home headed for the MCRD in San Diego in August 1996.

Boot camp was tough and challenging and I enjoyed the excitement of it.  I worked very hard and at the end of basic training, was recognized as one of the outstanding recruits.  Upon my graduation from the MCRD, I received a promotion to E-2, Private First Class, and I felt very honored to be a United States Marine.  I went home on leave very proud to be a member of the military, and I looked forward to further training at Camp Pendleton.

From the beginning at Camp Pendleton, things began to change for me and I felt that I was not moving ahead in my training.  I started thinking about my family and experiencing homesickness, which, as I look back upon it now, seems normal especially since I had been here for a short leave following my basic training.  The days were not challenging for me, and the experiences I was having were not what I had expected.  I began to feel lonely and disillusioned and felt it may help to talk to someone.  I talked to the chaplain, but after questioning me about my past that had included some counseling during high school, he referred me to medical personnel.  There I was treated like a criminal who had entered the Marines dishonestly, and I never felt that had been the case.  I became convinced that my joining the Marines had been a mistake, and I lost the enthusiasm that I had when I first joined.  I became tired and embarrassed by my experience there, and decided that I want to leave the Corps.

When I was discharged from the Marine Corps, I returned home saddened by my experience. I feel that I was and could have contributed as a Marine in a positive way.  Most of all, I felt that I had not achieved my goals, and that was a great disappointment.

Since leaving the Marines, I have been employed at several jobs and now am working at a job that is challenging and rewarding.  However, I still would like to have the opportunity to fulfill my dreams of completing a term of service in the United States Armed Forces.  I feel that my uncharacterized discharge was unfair, and I request that it be upgraded to the highest degree possible so that I might have the opportunity to reenlist to serve in the military.  I have grown and matured in the past two years and learned from the experience that I had in the Marines.  I know that, if given the opportunity, I could be a positive contributor m the United States service.  Very truly yours,

If you disagree I would appreciate your explaining in detail why you disagree.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214 (2 copies)
Letter from applicant's father dated January 2, 1999
Letter from Counselor, Holt Public Schools dated January 12, 1999
Character reference from a friend
Character reference dated January 19, 1999 (facsimile transmittal)
Two pages from applicant's service record (2 copies)

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive: USMCR(J)		960430 - 960812	COG

Period of Service Under Review:

Date of Enlistment:  960813		Date of Discharge:  970303

Length of Service (years, months, days):

	Active:    00  06  21
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  64

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.2 (2)			Conduct:  4.2 (2)

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED/FRAUDULENT ENTRY INTO MILITARY SERVICE, authority:  MARCORSEPMAN Par. 6204.3.

Chronological Listing of Significant Service Events:

961209:	Medical evaluation by Mental Health Department:

	AXIS I: Adjustment disorder with depressive mood with occupational problem.
	
	AXIS II: Borderline personality disorder EPTE.

970123:	Applicant notified of intended recommendation for discharge with a under other than honorable conditions by reason of defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps.

970123:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

970213:	Commanding officer recommended discharge with a uncharacterized by reason of defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps.  The factual basis for this recommendation was adjustment/depressive disorder. 

970219:	SJA review determined the case sufficient in law and fact.

970219:	GCMCA [Commanding General, Marine Corps Base, Camp Pendleton] directed the applicant's discharge with a uncharacterized by reason defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970303 with a uncharacterized by reason defective enlistment and induction due to a fraudulent entry (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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 (C and D).

In the applicant’s issue, the Board found that there was no reason to change either the reason for or the characterization of the applicant’s discharge.   Additionally, it is not within the purview of the Board to change reenlistment codes. The Board has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps.  Reenlistment policy of the naval service is promulgated by the Bureau of Naval Personnel, Pers-282, 5720 Integrity Drive, Millington, TN 38055, and the Commandant of the Marine Corps, Headquarters Marine Corps (Code MMEA), 3280 Russell Road, Quantico, VA 22134.  Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment.  A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  Relief to change the reenlistment code is denied.

A review of the information available reveals the applicant was processed for a discharge because he knowingly or unknowingly withheld medical information that may have precluded his initial enlistment.  Per reference (a), paragraph 6204.3, the omission or concealment of facts which, if known at the time, would have reasonably been expected to preclude, postpone, or effect enlistment eligibility is cause for discharge by reason of defective enlistment.  Relief to change the characterization of  the applicant’s discharge is denied. 

Pertinent Regulation/Law (at time of discharge)

A.  The Marine Corps Separation and Retirement Manual,(MCO P1900.16E), effective 18 Aug 9 until present, paragraph 6204, DEFECTIVE ENLISTMENT AND INDUCTION.

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		Washington Navy Yard
		720 Kennon Street SE Rm 309
		Washington, D.C.  20374-5023