Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. MD02-01005

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

ex-PFC, USMC
Docket No. MD02-01005

Applicant’s Request

The application for discharge review, received 020708, requested that the characterization of service on the discharge be changed to honorable.  The Applicant requested a documentary record discharge review.  The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030331.  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/ ERRONEOUS ENTRY, authority: MARCORSEPMAN Par. 6204.2.

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  MY DISCHARGE (DD-214) DID NOT LIST MY CHARACTER OF DISCHARGE.  I KNOW I HAVE BENEFITS BECAUSE OF MY HONORABLE SERVICE, HOWEVER THE LAYMAN REVIEWING MY DD-214 WOULD NEED TO KNOW THE TYPE OF DISCHARGE I RECEIVED.  THE DD-214 IS USED TO OBTAIN EMPLOYMENT, GET A LOAN, BUY A HOUSE, ETC.  PLEASE LIST THE CHARACTER OF MY DISCHARGE ON MY DD-214.

2.  Veterans Administration - Statement In Support Of Claim form - I AM WRITING THIS TO SUPPORT MY CLAIM TO CHANGE CHARACTER OF DISCHARGE ON MY DD-214 FROM UNCHARACTERIZED TO HONORABLE.  I AM BEING 'PUT-OFF' BY SCHOOL OFFICIALS AND EMPLOYERS BECAUSE MY DD-214 DOES NOT CHARACTERIZE MY MILITARY SERVICE AS HONORABLE, YET I KNOW IT WAS AND I AM BEING COMPENSATED BY VA FOR SERVICE-CONNECTED CONDITION.  IF YOU CAN NOT CHARACTERIZE MY SERVICE AS HONORABLE, PLEASE SEND ME AN EXPLANATION AS TO WHY THIS REQUEST CAN'T BE GRANTED.  MY LIFE IS ON-HOLD ABOUT SCHOOL OR EMPLOYMENT UNTIL I HEAR FROM YOU.  THANK YOU IN ADVANCE FOR YOUR CONSIDERATION.

Documentation

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

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		990728 - 000619	COG

Period of Service Under Review:

Date of Enlistment:  000620		Date of Discharge:  000912

Length of Service (years, months, days):

	Active:    00  02  23
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  56

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  NMF*			Conduct:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

*No Marks Found in Service Record Book.

Character, Narrative Reason, and Authority of Discharge (administratively corrected):

UNCHARACTERIZED/ERRONEOUS ENTRY, authority:  MARCORSEPMAN Par. 6204.2.

Chronological Listing of Significant Service Events:

000727:	Physical Therapy:  18 year old male USMC sprained ankle 5 July, dropped to MRP 7 July, follow-up with podiatry 10 Jul.  Had 1 week of PT: bike, BAPS, stretch, ice.  
	Assessment:  Left ankle sprain
	Plan:  In clinic 2 days for 2 weeks.

000804:	Medical Care:  18 year old male with complaint of left ankle.  Duration of systems - 3 weeks.  Injured running.  Pain with RVN on tread mill, normal walking without pain.  States does not know why ankle takes so long to heal.  
	Diagnosis:  Ankle Sprain, Inversion Left.
	Duty Status:  Limited Duty for 14 days, MRP.
	Disposition:  Follow up Appointment 18 Aug 00 at 0700.  Follow up after bone scan podiatric medicine in 3 days.

000814:	Radiologic Exam Report (Bone Scan):  18 year old private active duty Marine with pain to left ankle and heel without resolution in three weeks.  
	Findings:  Abnormal regions of uptake in the left calcaneus are noted at the inferoposterior aspect as well as in the region of the lateral malleolus.
	Impression:  Above findings are compatible with resolving versus early stress changes of the calcaneus and lateral malleolus.

000828:	Podiatric Medicine, Branch Medical Clinic:  Chief complaint - Left Ankle Pain.
	Diagnosis:  Left Ankle Stress Reaction.
	Condition not documented on the SF88/SF93, no waiver granted.
	Disposition:  Referred for administrative entry level separation.  Member does not meet the minimum standards for enlistment.  Member has not incurred injury and/or has not aggravated pre-existing defects by active military service.  Member’s present condition is considered "not physically qualified" in accordance with the physical standards for enlistment as opposed to physical unfitness by reason of disability.  Member's condition is unlikely to change if retained.

000907:	Applicant notified of intended recommendation for discharge with an entry level separation (uncharacterized) by reason of defective enlistment and induction due to a erroneous entry as evidenced by Left Ankle Stress Reaction.

000907:  	Applicant advised of his rights and having consulted 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.

000906:	Commanding Officer recommended discharge with an entry level separation (uncharacterized) by reason of convenience of the Government due to medical - Left Ankle Stress Fracture. 

000913:	GCMCA [CG, MCRD, San Diego, CA] directed the Applicant's discharge with an entry level separation (uncharacterized) by reason of defective enlistment and induction due to erroneous entry into the U.S. Marine Corps - Left Ankle Stress Reaction.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 000912 with an entry level separation (uncharacterized) by reason defective enlistment and induction due to erroneous 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).

Issues 1 and 2.  By regulation [A], members discharged within the first 180 days of enlistment are given characterization of service as “uncharacterized/entry level separation” 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 three 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.  Relief is therefore denied.

The Veterans Administration determines eligibility for post-service benefits, not the NDRB.  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.

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

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A2900/A9453/A9217/A2901