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

FOR OFFICIAL USE ONLY

ex-Pvt, USMC
Docket No. MD06-00175

Applicant’s Request

The application for discharge review was received on 20051101.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  The Applicant requests 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 20061130.  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 of the discharge shall not change.  The discharge shall remain Uncharacterized by reason of erroneous enlistment.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

No issues were submitted by the Applicant.

Documentation

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

Applicant’s DD Form 214 (Member 4) (2 copies)
Radiologic examination report, dtd April 26, 1996 (2 copies)
USMC Certificate for Special Training Company, week of February 26, 1996 until March 01, 1996 (2 copies) 
Ltr from Applicant, dtd November 05, 2005
Applicant’s Resume (6 pages)
Official Student Transcript from Kentucky Mountain Bible College, dtd July 28, 2005 (2 pages)
Hannibal-LaGrange College Final Grade Report For Term:  FA-97, dtd December 23, 1997
University of Missouri-Columbia, Certificate for Basic Pump Operations, dtd March 22, 1997
University of Missouri-Columbia, Certificate for Hazardous Material Incident Response-Awareness, dtd January 9, 1999
University of Missouri-Columbia, Certificate for Auto Rescue, dtd March 25, 2000
Applicant’s Nurse Aide Registry Card
Certificate for completing the requirements prescribed by the Department of Health of Missouri for Emergency Medical Technician, dtd February 11, 1997
License Permit, Certification, and Registration from the State of Illinois Department of Public Health
Paramedic License, National Registry of Emergency Medical Technicians 
State of Illinois Department of Public Health License 
Missouri Department of Health Ambulance Personnel License, expires August 10, 2001
Colorado Department of Public Health and Environment certified as an Emergency Medical Technician- Paramedic, dtd June 19, 2005
Certification as a Registered Emergency Medical Technician – Paramedic, dtd September 23, 2001
Certification as a Registered Emergency Medical Technician – Paramedic, dtd November 20, 2005
Certificate of Excellence from Wal-Mart, undated
Criminal History Record from Indiana State Police, dtd December 5, 2005

PART II - SUMMARY OF SERVICE

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

	Inactive:  USMCR (DEP)	19951229 – 19960213		COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19960214		Date of Discharge:  19960503

Length of Service (years, months, days):

Active:    00  02  20  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  21

Years Contracted:  4 

Education Level:  10 (GED)			AFQT:  81

Highest Rank:  Pvt				MOS:  9900

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  NA*				Conduct:  NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  None

*Not applicable

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

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

Chronological Listing of Significant Service Events:

960227:	Medical entry:  Sports Medicine Clinic, Marine Corps Recruit Depot, San Diego, CA, HM1 K. J. R_, USN:  21 year old male recruit with a chief complaint of right hip.  New complaint.  Previous history:  Yes.  Prior to enlistment:  Yes.  4 months ago had “hip pop out” while sitting in car seat.  No history of trauma.  Happened several times PTE with pain lasting a few days and then resolved.  
	Running on track and felt right hip pop.  History as above.  Pain ant/lat hip, increased with (illegible) and with running.  Minimal pain with (illegible).  No trauma.  PCP for Pt states he ran 3 mil every other day x 1½  months.
	Assessment:  Rule out stress fracture (illegible).
	P:  Crutches x 3 days.  NWB right leg.
	Duty status:  Limited/light duty x 3 days.
	Nuclear bone scan 960228.  Sports Med follow-up 960229.

960228:	Medical entry:  Radiologic Examination Report, Nuclear Medicine, Naval Medical Clinic, San Diego, CA, LT T_ D. D_, MC, USN and LCDR R_ M_, MC, USNR:  Bone scan.
	Impression:  Right Femoral stress fracture and Left femoral stress changes.
	Bilateral Tibial Shin splints.
	Right Thigh soft-tissue activity most consistent with myositis ossificans.
	
960229:	Medical entry:  Sports Medicine Clinic, Marine Corps Recruit Depot, San Diego, CA, HM1 K. J. R_, USN:  21 year old male recruit with a chief complaint of right hip.  Follow-up complaint.  Pt here for scheduled follow up Bone Scan.  Last seen 2 days ago.  Still complains of pain.  Minimal changes.  
	Assessment:  Previous, stress fracture right femur.  New, (illegible) by Bone Scan.
	P:  Patient educated on DX/RX.  Crutches UBHT.  Ice 2-3 x day for PRI.
	Duty status:  MRP Protocol:  Stress fracture/UB.
	Motrin 800 mg, refills 3
	Stress fracture regimen
	Follow up with PT weekly.  Follow up SMC M_ (illegible).

960229:	Medical entry:  Radiologic Examination Report, Radiology, Branch Medical Clinic, Marine Corps Recruit Depot, San Diego CA, LCDR M_ C_, MC, USNR:  Reason for order:  21 year old USMC recruit.  Had bone scan done yesterday to R/O Fem Neck SFx.  Findings on exam suggest SFx Rt Post Medial Tibia, and also Soft Tissue uptake postier Rt Femur suggesting Myositis Ossificans.  Correlate on x-ray.
	Impression:  Normal femur

960301:	Medical entry:  Physical Therapy, Branch Medical Clinic, Marine Corps Recruit Depot, San Diego, CA, HM2 J. R. P_, USN:  21 year old white mail AD USMC recruit complains of stress fracture right femur.  Instructed on stress fracture protocol.  Pt agrees and understands treatment.  Pt in crutches UBAT.  Pt to MRP for (illegible) as scheduled.  Pt to MRP for upper body and lifecycle.

960307:	Physical Therapy, Branch Medical Clinic MCRD, San Diego, CA:
	21 year old male recruit with a chief complaint of femur s/fx.
	Continue with upperbody, crutches, stretches and ice.  F/U 1 once a week.

960314:	Medical entry:  Physical Therapy, Branch Medical Clinic, Marine Corps Recruit Depot, San Diego, CA, HM3 J. R. H_, USN:  21 year old male recruit with chief complaint of right femur stress fracture, currently on crutches.  Progressing.  Continue with U.B. and discontinue crutches.  F/U with patient (Applicant) x 1 week.

960321:	Medical entry:  Physical Therapy, Branch Medical Clinic, Marine Corps Recruit Depot, San Diego, CA, HM3 J. R. H_, USN:  21 year old male recruit with chief complaint of right femur stress fracture, with pain now while ambulatory without crutches.  Not progressing.  Start back on crutches x 1 week.  F/U with P.T. then.

960325:	Medical entry:  Podiatry Clinic, Marine Corps Recruit Depot, San Diego, CA, LT S_ L. G_, MC, USNR, Staff Podiatrist:  21 year old male recruit with a chief complaint of left foot and ankle.  Into clinic for pain to Left foot and ankle for 2 weeks.  Patient (Applicant) states he inverted his left ankle 2 days ago.  Patient states he has inverted his left ankle at least 8 times.
	Assessment:  LT Ankle Sprain inversion
	Plan:	Ankle Sprain, complete rx (with tilt board)
	Patient (Applicant) educated on DX/RX.  
Tennis shoes x (illegible) days.  Ice 2 times every day.  
	Duty status:  MRP (upperbody) 
	Motrin 800 mg, continue
	Podiatry follow-up when pain free.

960325:	Medical entry:  Physical Therapy, Branch Medical Clinic, Marine Corps Recruit Depot, San Diego, CA, HM3 J. R. H_, USN:  Pt to P.T. for instruction in ankle exercises. Pt was taught rubber tubing, ROM, tilt board, lifecycle and cryotherapy.  P4 eval deferred to SF600 dated the same.  Pt to f/u with P.T. on Monday while in MRP.

960328:	Medical entry:  Physical Therapy, Branch Medical Clinic, Marine Corps Recruit Depot, San Diego, CA, HM3 J. R. H_, USN:  21 year old male recruit with chief complaint of continued pain only on occasion in prox. right femur.  Pt also has left ankle sprain.  Pt tolerating stress fracture protocol.  Currently on upper body protocol/lifecycle/swim therapy, ambulating with crutches.  Discontinue crutches, start amb with gofasters.  Stay on U.B. x 1 wk then possibly walk fast.  Continue with all aspects of stress fracture protocol and ankle rehab.  F/U on Thursday for P.T. 

960404:	Medical entry:  Physical Therapy, Branch Medical Clinic, Marine Corps Recruit Depot, San Diego, CA, HM3 J. R. H_, USN:  21 year old male recruit with chief complaint of no pain in ankle or stress fracture site.  Pt tolerating stress fracture protocol.  Currently on upper body protocol/ lifecycle/swim therapy, ambulating without assistive device.  Progressing.  Begin walkfast for 7 days. 

960411:	Medical entry:  Sports Medicine Clinic, Marine Corps Recruit Depot, San Diego, CA, HM1 K. J. R_, USN:  21 year old male recruit with chief complaint of both legs, left ankle follow-up complaint.  Insidious injury:  Patient (Applicant) currently with improved symptoms, but some pain post right thigh with walk fast. Off crutches x 1 week.  Also being seen by radiology for left Ankle inversion.  Patient (Applicant) complains now problems on Lifecycle unless > 6 (illegible).  Now (illegible) hip.  No pain or pressure when at rest on table.
	A:  Stress fracture right Femur (illegible)
	P:   Physical Therapy Instructions and Handouts:  Ankle Sprain complete treatment with tilt board continued; Contract/Relax buddy stretches adductors; Isometric Quad exercise
	Ice 2-3 x day (illegible)
	Duty status:  MRP (Protocol UB/Swim/C.C.)
	Continue meds
	Follow-up 2-3 weeks or PR IV for increased symptoms.

960418:	Medical entry:  Physical Therapy, Branch Medical Clinic, Marine Corps Recruit Depot, San Diego CA, HM2 M_ D. H_, USN:  Stress fracture protocol right femur.  21 year old male recruit with chief complaint of increased pain around same site.  Pain level 3/10 when running.  Pnt tolerating stress fracture protocol.  Currently on WALK RUN week 2.  Last seen by Sports Med on 960411.  Pt has ran 1 mile x 3 days with pain at same site.
	P:  Upper Body protocol until 100% pain free.

960425:	Medical entry:  Physical Therapy, Branch Medical Clinic, Marine Corps Recruit Depot, San Diego CA, HM2 M_ D. H_, USN:  P.T. note:  No change in patient status pending follow up with SMC 960426.  Continue with UB protocol until 100% pain free.

960426:	Medical entry:  Sports Medicine Clinic, Marine Corps Recruit Depot, San Diego CA, HM1 K. J. R_, USN:  Patient (Applicant) here for 2 week follow up and Eval for prodal change improved slightly but still unable to run due to pain at stress fracture side, and over adductors both thighs.  Also complained of continued left ankle pain while Indian style sitting.  No greater ankle pain with ambulation.  Already doing pt for ankle/thigh has been during Lifecycle (increased to 4) and swim.  Also (illegible) problem at home which DI/Chaplain are assisting with.
A:  Left Ankle inversion Sprain resolu
      Right femur stress fracture resolu
P:  Patient (Applicant) educated on DX/RX
Ice 2-3 times a day
Transit for separation.
Comments:  Discussed with PT, patient and SMO.  Will ELS patient when pain-free.  Pt to sign stress fracture state on back when he comes back for pain-free chit from MO!

960426:	Medical entry:  Branch Medical Clinic, Marine Corps Recruit Depot, San Diego CA, (caregiver name illegible), Medical Officer signed for Dr. M_, Senior Medical Officer:  Chief complaint, right thigh, left ankle.  Diagnosis:  Stress fracture, right distal femur.  
Disposition:  Referred for administrative/entry level separation.  SF 502 narrative summary completed.  Member’s present condition is “not physically qualified” in accordance with the physical standards for enlistment as opposed to physical unfitness by reason of physical disability as defined in appendix (a) of SECNAVINST 1850.4C (Disability Evaluation Manual).  Member’s condition is likely to change in the future.  Patient needs to return for Medical Officer eval for pain-free chit.
Caregiver comment 960429:  It is my expert opinion that this is expected to heal uneventfully give n enough time.  He should have no problem with this once it is healed.  The member has a right to a Physical Evaluation Board, and has been informed of his rights and understands them.  The member also states that he is pain free at this time and desires an Entry Level Separation waiving his right to a Physical Evaluation Board.  Agreement with this is indicated by the patient’s signature.

Not dated:	Medical entry:  Branch Medical Clinic, Marine Corps Recruit Depot, San Diego CA, HM3 K_ A. C_, USN:  Applicant briefed on not meeting minimum standards for enlistment and that he did not meet those standards at the time of entry into training.  Advised that present condition is “not physically qualified” in accordance with the physical standards for enlistment as opposed to physical unfitness by reason of physical disability as defined in appendix (a) of SECNAVINST 1850.4C (Disability Evaluation Manual).  Advised of having been examined in the past 90 days and considered physically qualified for separation from active duty.  Applicant acknowledges understanding.
	
960429:	Second Recruit Training Battalion Final Discharge Information/Counseling Form:  SNR (Applicant) was diagnosed with a stress fracture of the right distal femur (Hip Pain) that is affecting his ability to train.  Medical recommends ELS once SNR is at a pre-MCRD condition.  SNR has no further service potential.

960429:	Commanding Officer, 2nd RTBN RTR MCRD, San Diego, CA, recommended to Commanding General, Marine Corps Recruit Depot, San Diego CA, that the Applicant be discharged by reason of erroneous enlistment with an entry level separation.  Commanding Officer’s comments:  “SNR (Applicant) was diagnosed with a stress fracture of the right distal femur, (Hip Pain) that is affecting his ability to train.  Medical Recommends ELS once SNR is at APRE-MCRD condition.  SNR (Applicant) has no further service potential.” 

960501:	Applicant notified of intended recommendation for discharge by reason of defective enlistment – erroneous enlistment due to preservice medical condition stress fractures with a characterization of service as entry level separation.    

960501:	Applicant advised of rights and having elected not to consult, elected to waive all rights.

960501:	Commanding General, Marine Corps Recruit Depot, San Diego, CA approves recommendation that Applicant be discharged by reason of defective enlistment and induction due to erroneous entry - stress fractures with an entry level separation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19960503 by reason of erroneous enlistment (A) with a service characterization of uncharacterized.  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 (B and C).  

The Applicant introduced no decisional issues for consideration by the Board.

By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service.  Unless there were unusual circumstances regarding a servicemember’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service.  The Applicant's service record did not contain any unusual circumstances during his less than 3 months in the military to warrant a change of discharge to honorable.  The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.

For the Applicant’s edification and use, the Board provides the following information regarding the narrative reason for his discharge.  A Marine may be separated on the basis of an erroneous enlistment if the enlistment would not have occurred had the relevant facts been known by the Marine Corps and it was not the result of fraudulent conduct on the part of the Marine.   In contrast, a Marine who knowingly conceals a disqualifying injury or condition may be separated on the basis of a fraudulent enlistment.  In the Applicant’s case, the record indicates that neither the Marine Corps nor the Applicant knew prior to enlistment that he would not be able to physically complete recruit training due to the development of stress fractures.  Therefore, through no fault of the Applicant, his enlistment was in error and the narrative reason for discharge is for erroneous enlistment.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide any additional evidence related to this 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 31 Aug 2001), 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 V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  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”.

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