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USMC | DRB | 1999_Marine | MD99-00674
Original file (MD99-00674.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD99-00674

Applicant’s Request
The application for discharge review, received 990415, 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 000614. 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/ CONDITION NOT A DISABILITY OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

The NDRB did note an administrative error on the original DD Form 214. Block 28, Narrative Reason for Separation, should read: “CONDITION NOT A PHYSICAL OR MENTAL DISABILITY” vice “CONDITION NOT A DISABILITY”. The original DD Form 214 should be corrected or reissued as appropriate.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. Original Orders say recommended for Honorable discharge. DD214 says only "discharge". I want DD 214 amended to read "Honorable Discharge".

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of ltr from CO, MCS, Camp Lejuene concerning applicant's "VOLUNTARY LEAVE AWAITING ADMIN SEPARATION" dtd 9Mar98 w/Receiving Endorsement
Copy of DD Form 214
Applicant's Separation/Travel Pay Certificate dtd 9 Mar 98
Information concerning DD Form 214 SPD Codes
Applicant's petition (DD Form 149) to the BCNR

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                960820 - 970817  COG

 Period of Service Under Review :
Date of Enlistment: 970818               Date of Discharge: 980331

 Length of Service (years, months, days):

         Active: 00 07 14 (Doesn't exclude lost time)
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 42

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2                           Conduct: 4.2

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksman Badge

Days of Unauthorized Absence: 7

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

UNCHARACTERIZED/CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

 Chronological Listing of Significant Service Events :

960820:  Enlistment physical examination - applicant check "NO" concerning if he had Asthma.


971130:  Arrival Screening, Camp Geiger Branch Clinic, Camp Lejeune, NC:
 Applicant, again, indicated that he had not experienced ANY medical problems prior to enlisting in the Marine Corps, but did indicate soreness to ankles during boot camp.
971215:  NAVHOSP Camp Lejeune, NC: 18 year old active duty white male with complaint of wheezing for 2 weeks. Pt with history asthma since childhood and had it throughout high school. Was hospitalized at age 14. Never been in ICU, unsure if intabated (doubt). Was on Prednisone in the past. Recently, 13DEC97, seen at ADAHC & given inhaler.
         Assessment: Asthma exacerbation.
         Plan: (1) continue inhaler (Proventil), (2) Drop to MAT, No humps, No PT, (3) he is to call family doctor & get documentation of Asthma and will get back to me on Monday/Friday, (4) Pt understand treatment, Plan, Diagnosis, (5) Quit smoking.
980120:  Arrival Screening Form - Camp Geiger Branch Clinic, Camp Lejeune, NC: Member stated he has history of Asthma and had trouble breathing during PT while in boot camp.
980126:  NAVHOSP Camp Lejeune, NC: 18 year old white male with complaint of Asthma diagnosis as a child for which he was placed on Prednisone. He denied any history of asthma on enlistment physical. He had been off inhaler & doing well until 13DEC97 when he got a URI & developed wheezing. He was seen at ADAHC & given Proventil. I have been seeing him since then and he has failed to significantly improve. On 19DEC97 he started Azonacort in addition to Proventil. He stated that he seemed to have more of an exercise intolerance to the point that he gets wheezy with light activity.
         Assessment: Asthmatic Exacerbation
         Plan: Continue current medicines, Official report of PFT to follow, Pt to return to see me tomorrow for follow-up options.
980127:  Applicant advised of his right to a Physical Evaluation Board (PEB), understood that the condition existed prior to enlistment and the service has not made it worse. Applicant waived his rights to a PEB.
980127:  NAVHOSP Camp Lejeune, NC: 18 year old active duty white male here in follow up after PFT. Results read by Dr. R_ as normal limit baseline but significant response to methcholine challenge, suggestive of mild-moderate Airway Hyper-Reactivity.
         Recommend admin separation for Reactive Airway Disease (RAD). Waived right to PEB.

980212:  Applicant notified of intended recommendation for discharge with an uncharacterized service by reason of physical condition not a disability. Factual basis for the discharge is applicant's physical condition (chronic reactive airway disease) which is so severe that his ability to function effectively in the military environment is significantly impaired.
980212:  Applicant advised of his 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.
980212:  Commanding officer recommended discharge by reason of convenience of the government due to a condition not a disability and further recommended applicant receive a discharge under honorable conditions.

980219:  NJP for violation of UCMJ, Article 86: UA from 0700, 13 Jan 1998 - 0500, 20 Jan 1998.
Awarded forfeiture of $216.00 per month for 1 month, restriction and
extra duties for 14 days. Not appealed.
980220:  Counseled for deficiencies in performance and conduct [unauthorized absence]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
980309:  Applicant was granted voluntary leave to await review of his admin separation. Applicant was advised that he had been recommended for an Honorable discharge.

9803XX:  GCMCA (CMDR, MCB Camp Lejuene) directed an uncharacterized separation by reason convenience of the Government due to physical condition, not a disability.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980331 with an uncharacterized service due to a condition not a physical or mental disability (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 the applicant believes that he should have received an Honorable discharge. The applicant is in error. The applicant, in his acknowledgement of rights, acknowledged that he was being recommended for an uncharacterized discharge. The letter he received from the CO assigning him to voluntary leave was in error. Furthermore, the applicant does not rate an honorable discharge. To rate this, he must have served a total of 180 days of active duty at the time he was notified of the discharge proceedings. The applicant served 174 days at that juncture, not qualifying for an honorable discharge. The Board also found that the applicant indicated, on his enlistment physical and boot camp physical, that he did not have asthma, when in fact he did as evidence by numerous entries in his medical record. Based on these statements, the Board believes the applicant knowingly lied about his medical condition. Relief denied.
 Pertinent Regulation/Law (at time of discharge)

 A. Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 18 Aug 95), 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      


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