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

ex-Pvt, USMC
Docket No. MD02-00736

Applicant’s Request

The application for discharge review, received 020424, requested that the characterization of service on the discharge be changed to honorable.  The Applicant requested a personal appearance hearing before the board in the Washington National Capital Region.  The Applicant did not designate a representative on the DD Form 293.  Subsequent to the application, the Applicant obtained representation by the American Legion.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 030415.  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 four to one that the character of the discharge shall not change.  The discharge shall remain:  UNDER HONORABLE CONDITIONS (GENERAL)/CoG, Condition not a physical disability, pseudofolliculitis barbae (without administrative discharge board), MARCORSEPMAN Par. 6203.2.a (6).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

[American Legion Statement]
1.  (Equity Issue)  This former members avers that racial prejudice by his commend contributed to and sufficiently extenuated his misconduct of record to warrant recharacterization of his service period to honorable.

2.  (Equity Issue)  This former member further requests that the Board apply provisions of SECNAVINST 5420.174C, enclosure (1), paragraphs 2.24 and 9.3, as it pertains to post-service conduct, in assessing the merits of his application.

Documentation

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

Unofficial transcript from Governors State University, undated
Associate in Applied Science Degree, dated December 2000
Certificate in recognition, dated December 2000
Transcript from South Suburban College, dated 010110
Letter to Applicant from Director of Admissions and Records, South Suburban
    College, dated 010507
Certificate of Training, dated 000630
Parole Agent Oath-of-Office, dated 000630
Certificate of Training, dated 930713
Special event security card
Boy Scouts of America card
Certificate of Completion, dated 930429
Letter of appointment as Chicago Housing Authority Security Officer, dated
    910328
Certificate of Completion, dated 910328
Certificate of Completion, dated 960321
Certificate of Completion, dated 930602
Certificate of Achievement, undated
Certificate from ASP, dated 930527
Certificate of Achievement, dated 930308
Certificate of Completion, dated 930318
Certification of Completion, dated 910320
Certificate of Completion, dated 910412
Certificate of Completion, dated 970801
Certificate of Achievement, dated 971105
Certificate of Achievement, dated 980224
Certificate of Appreciation, dated 960420
Certificate of Appreciation, dated 930313
Certificate of Appreciation, dated 961214
Letter from supervisor, Re: verbal counseling - good job, dated 020207
Letter from supervisor, Re: counseling - 100% caseload compliance, dated 020323
Letter from supervisor, Re: counseling - 100% caseload compliance, dated 020525
Letter of recommendation, dated 960820
Job/character reference, dated 940126
Letter of re-assignment, dated 940217
Letter of recommendation, dated 921112
Diploma, BA, Governors State University, dated 021207

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		860109 - 860211	COG

Period of Service Under Review:

Date of Enlistment:  860212		Date of Discharge:  890302

Length of Service (years, months, days):

	Active:    03  00  21	(Does not exclude lost time)
	Inactive:  None

Age at Entry:  20			Years Contracted:  4

Education Level:  14			AFQT:  35

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.4 (12)		Conduct:  3.9 (12)

Military Decorations:  None

Unit/Campaign/Service Awards:  Letter of Appreciation (2), SSDR, NUC

Days of Unauthorized Absence:  None

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

UNDER HONORABLE CONDITIONS (GENERAL)/CoG, Condition not a physical disability, Pseudofolliculitis-Barbae (without administrative discharge board), MAR-CORSEPMAN Par. 6203.2.a(6).

Chronological Listing of Significant Service Events:

851217:	Applicant briefed upon, and certified understanding of, Marine Corps policy concerning illegal use of drugs.

860421:	Medical entry: Assessment: pseudofolliculitis barbae severe.  Plan: Applicant reassured and educated on use of magic shave.  RTC/PRN.

860530:	Medical entry: Assessment pseudofolliculitis barbae.  Plan: 1) Vigomar HC cream applied to area every other morning.  2) Retine-A cream applied to area every other evening.  3) No shave chit to shave every other day.  4) Purchase buff pad for cleansing.  5) RTC/PRN.

860603:	Medical entry: Assessment: pseudofolliculitis barbae mild.  Plan: No shave 2 for days, use of hydrocortisone cream 1%.  Applicant educated and directed to buy magic shave at exchange.  RTC/PRN.

860724:	Medical entry: Assessment: pseudofolliculitis barbae (severe).  Plan: No shave chit for 4 weeks.  RTC/PRN.

861121:	Counseled for deficiencies in performance and conduct (Intemperate use of alcohol resulting in conflict with military authorities).  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

870819:	Medical entry: Pseudofolliculitis barbae treatment protocol.  Applicant placed on 2-month treatment plan.

870819:	Applicant to sick call for weight control evaluation.  Weight of 208 lbs (216 lbs minus 8 lbs for utility uniform).  A/P: TO BABC at 1300 for weight evaluation.

870923:	Medical Entry: 1 1/2 year history of pseudofolliculitis.  Applicant has tried many treatments including 1% GC cream, retinoic acid, electric razor.  Applicant continues to get no-shaving chits but his command is losing their patience with his not shaving.  Assessment: pseudofolliculitis barbae, intractable.  Plan:  Dermatology consult for therapeutic recommendation.  Renew no-shave chit x 1 month.  Possible medical board.

871106:	Applicant to medical for competency for duty evaluation.  Applicant returned to full duty.

871112:	NJP for violation of UCMJ Article 112a:
Specification: Wrongfully use cocaine about thirty days prior to 870817.
Awarded forfeiture of $369.00 per month for 1 month, restriction, and extra duties for 30 days, reduction to PFC.  Not appealed.

880509:	Counseled for deficiencies in performance and conduct (Late to appointed place of duty, failure to prepare for inspections).  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

880519:	Medical Entry: Dx pseudofolliculitis barbae.  Applicant seen here 870930 for same with recommendation of administrative separation initiated thru ABC.  Now with significant papulas on neck.  Applicant stated he tried various treatments and none have worked.  He desires administrative separation.

880523:	Head, Dermatology Clinic memorandum to CO recommending admini-strative separation on the basis of intractable pseudofolliculitis barbae.

880615:	Separation Physical Evaluation: Summary of defects and diagnosis: Intractable pseudofolliculitis barbae.  Evaluation by dermatology May 1988 recommended administrative separation.

880622:	Medical entry: Assessment: Applicant overweight by 5 pounds and excess of body fat of 0.4%.  Plan: Recommend weight waiver for 205 pounds - but must maintain body fat percentage requirement of 18%.  Applicant plays football and lift weights.

880622:	Counseled for deficiencies in performance and conduct (Exceeds weight standard as per MCO 6100.10A; overweight by 10 pounds).  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

880701:	Applicant informed that he is eligible but not recommended for promotion to LCpl for the month of July due to lack of proficiency and poor perform-ance and weight control.

880801:	Applicant informed that he is eligible but not recommended for promotion to LCpl for the month of August due to weight control.

880901:	Applicant informed that he is eligible but not recommended for promotion to LCpl for the month of September due to weight control.

880916:	Applicant to confinement.

880918:	Applicant from confinement.

881001:	Applicant informed that he is eligible but not recommended for promotion to LCpl for the month of October due to a pending court-martial and for being on the battalion weight control program.

881005:	Summary Court-Martial.
	Charge I:  violation of UCMJ Article 92 (3 specs):
	Specification 1: Willfully disobey the lawful order of Cpl on 880915.
	Specification 2: Willfully disobey the lawful order of 1st Sgt on 880915.
	Specification 3: Disrespectful towards 1st Sgt on 880915.
	Finding:  to Charge I and the specifications 1 and 2 thereunder, guilty.  Charge I and specification 3 thereunder, not guity.
	Sentence:  Forfeiture of $150.00, CHL for 30 days, reduction to Pvt.
	CA action 881104:  Sentence approved and ordered executed except for that portion pertaining to CHL in excess of 11 days is hereby suspended for 6 months.

881005:	Applicant found ready and fit for confinement.

881017:	Counseled for deficiencies in performance and conduct (Diagnosed as having Pseudofolliculitis Barbae (PFB)).  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

881101:	Applicant informed that he is eligible but not recommended for promotion to LCpl for the month of November due to pending court-martial and for being on the battalion weight control program.

881108:	Separation physical: Summary of defects and diagnosis: Intractable pseudofolliculitis barbae - existed prior to entry.  Applicant qualified for discharge.

890227:	Applicant informed that he is not recommended or recommended but not eligible for reenlistment due to in-service drug use.

890302:	DD Form 214: Applicant discharged under honorable conditions (general) by reason of convenience of the government due to a condition not a physical disability - pseudofolliculitis barbae.

930720:	NDRB documentary record review Docket Number MD91-00680 conducted.  Determination:  discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 890302 under honorable conditions (general) by reason of convenience of the government due to condition not a physical disability -- pseudo-folliculitis barbae (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).

Issue 1:  The Applicant, through counsel, contends that racial prejudice by his command contributed to his misconduct and sufficiently extenuated his circumstances so as to warrant recharacterization of his service to honorable.  The Applicant did not submit or present credible evidence to substantiate the claim that racial prejudice against him led to the circumstances of his discharge.  The records the Board reviewed showed there to be no impropriety or inequity, racially-oriented or otherwise, in the Applicant's administra-tive separation process.  Further, the type of discharge that the Applicant received does not support the claim of racial prejudice.  His command could have discharged him with a less favorable characterization for his violation of UCMJ Article 112a, Wrongful use of a controlled substance.  Relief on this basis is denied.

Issue 2:  The Applicant, through counsel, requests that the Board apply provisions of SECNAVINST 5420.174C, enclosure (1), paragraphs 2.24 and 9.3, as it pertains to post-service conduct, in assessing the merits of his application.  There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct in the civilian life subsequent to leaving the service.  Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the Applicant's performance and conduct during the period of service under review, may be considered.  The NDRB did consider such post-service factors in the Applicant's case and does acknowledge the Applicant's positive accomplishments and service to his community.  The Board noted he, in fact, has become a pillar in his community, providing a very positive role model to emulate.  However, the evidence provided by the Applicant to the Board was deemed not sufficient to warrant a recharacterization of his discharge to honorable.  Relief on this basis is denied.

Pertinent Regulation/Law (at time of discharge)

A.  Marine Corps Separation and Retirement Manual, (MCO P1900.16C, Change 1), effective 830406 until 890626, paragraph 6203, CONVENIENCE OF THE GOVERNMENT.

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 view DoD Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.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:

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