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

  ex-Pvt, USMC
Docket No. MD03-00985

Applicant’s Request

The application for discharge review was received on 20030513.  The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions and the reason for the discharge be changed to hardship.  The Applicant requests a personal appearance hearing before the Board in the Washington National Capital Region.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040408.  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 and narrative reason 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, as stated

Applicant’s issues, as stated on the application:

1.  “To Whom It May Concern:

I am writing this letter in hopes of receiving a reenlistment waiver. I have been attempting to reenter the Marine Corps for the past two years but unfortunately have been denied. In this letter I will try to convince the Marine Corps that I can and will hopefully some day be accepted into your honorable institution; be true and loyal to your beloved Corps. I have gone as far as California to retrieve letters of recommendation from one very honorable Marine lst Sgt. D_ P_ who really went out of his way to help me. I really am truly thankful for his recommendation.

My futile attempts have been met by rejection, but have only myself to blame for this. My unhonorable behavior has left the officers of your beloved Corps no other option. I only have the hope of a second chance. The short time I spent in the Corps has taught me now not to give up.

This letter is not attempt to gain sympathy, only an attempt to receive another opportunity to prove that I can wear the eagle, globe and anchor and feel the true spirits of our beloved Corps. I can not change the reasons I was discharged from the Marine Corps but given an opportunity will make things right.

I regretted leaving the Corps under circumstances I could not control. Inside I knew I was making a decision that I was going to regret and to this present day I do. Now I can only dream about returning to my beloved Corps everyday I carry the burden of being labeled a quitter and a nonhacker something only I feel and have never been able to live down.

The only good thing that came out from this that when I came home I viewed things differently. I did not take simple things for granted and tried my best to be a better person to my family and most of all, my son. I still have man’s faults and can only correct them as I go on with life. The military was my dream as a child but unfortunately my life was not as easy as I thought it would be. Failing the Corps left me an emptiness that reminds me every day of the type of person I must be. True, loyal, and honor for my family, myself, and hopefully one day, my Corps.

I am interested in a reserve slot only. I hold a good civilian job and along with my wife’s income manage to live a comfortable life. I am willing to do this at no compensation and will provide my own transportation to where ever the Corps sends me. To prove how serious I am about returning to the Corps; to redeem myself and one day be able to display arraignments honorably earned in the Corps.

The day I decided to attempt to come back to the Corps was the day I became determined to return to the Corps was when I went to the local V.A. Building to retrieve my DD214 and I had wandered into the hospital wing where I felt a sense of overwhelming guilt. I saw many veterans of the old Corps many combat wounds that only they know about. Missing limbs and wheel chairs. That day I felt I had failed them from that day on I was determined to return to the Corps.

For them it was not easy to get up and walk away from the Corps like I did. They stayed and served honorably and suffered the ultimate; a Marine can suffer the consequences of combat and still stand and serve honorably. I had to do a lot of soul searching to even try and attempt to come back to the Corps.

Being among true Devil Dogs made me feel good, even after they had heard of my situation they still gave me firm hand shakes and wished me luck and solid ‘OOH RAS and gave me a sense of belonging. Perseverance will provide me another opportunity to prove to them their camaraderie was not in vain.

Hopefully this letter is enough to the officers in charge of my case to afford me another opportunity to prove I can serve our beloved Marine Corps.

Honorably thank you and God bless,

Semper Fidelis

J_ R_ M_ (Applicant)”

Documentation

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

Applicant’s DD Form 214
Letter from First Sergeant, dated March 17, 1999

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		961025 - 961112	COG

Period of Service Under Review:

Date of Enlistment:  961113		Date of Discharge:  961220

Length of Service (years, months, days):

	Active:    00  01  08
	Inactive:  None

Age at Entry:  23			Years Contracted:  4

Education Level:  10 GED+		AFQT:  42

Highest Rank:  Pvt

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  None		Conduct:  None

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:

961219:	Mental Health Unit:

AXIS I: Alcohol dependent, EPTE with an antisocial personality disorder and an EPTE depressive disorder.

Recommend entry level separation due to fraudulent enlistment.

961219:	Commanding Officer recommended discharge with an entry level separation 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 failure upon enlistment to divulge your preservice suicide attempt which would have effected your eligibility at time of enlistment.  

961220:	Applicant notified of intended recommendation for discharge with an entry level separation by reason of defective enlistment and induction due to a fraudulent entry into the U.S. Marine Corps.

961220:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

961220:	CG, MCRD, San Diego, CA directed discharge with an entry level separation by reason of 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 19961220 with an uncharacterized separation 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).

Issue 1.  The Applicant was diagnosed by a competent medical authority with alcohol dependence and the Applicant reported a prior service suicide gesture while receiving psychiatric treatment.  The Applicant’s omission or concealment of these facts would have reasonably been expected to preclude, postpone, or otherwise affect the Marine's eligibility for enlistment or induction.  No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation.  Relief denied.

By regulation, members discharged within the first 180 days of enlistment are given characterization of service as “uncharacterized” unless there were unusual circumstances regarding performance or conduct which would merit an “honorable” characterization.  The Applicant’s service record did not contain any unusual circumstances during his less than two months in the military to warrant a change of discharge.  With respect to non-service related administrative matters, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization.

The NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident during the Applicant’s enlistment.  Additionally, 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 the service.  Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of his discharge.  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 P1900.16E), effective 18 Aug 95 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 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