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USMC | DRB | 1999_Marine | MD99-01119
Original file (MD99-01119.rtf) Auto-classification: Denied


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

ex-PFC, USMCR
Docket No. MD99-01119

Applicant’s Request
The application for discharge review, received 990824, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 000424. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety in the characterization of the applicant’s service and in the narrative reason for separation. The Board’s vote was unanimous that the discharge shall change. The discharge shall change to: HONORABLE/PHYSICAL CONDITION NOT A DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. Over 180 days of active duty service were served which seems excessive for a separation.

2. I had no preservice medical condition to cause my enlistment to be erroneous. Injury was received during training.

3. Separation was accepted largely in expectation of reenlisting at a later date. Continuing pain after physically demanding activities makes that very highly unlikely.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Administrative Discharge Package (2 pages)
Final Discharge Information/Counselling Form dtd 8 Jan 97
Enlistment Data (DD Form 1966 - 4 pages)
Enlistment Physical Examination dtd 28 Jun 96 (4 pages)
Extracts from Medical Record (12 pages)
PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None
 Period of Service Under Review :
Date of Enlistment: 960628               Date of Discharge: 970124

 Length of Service (years, months, days):

         Active: 00 06 02
         Inactive: 00 00 24

 Age at Entry: 20                          Years Contracted: 8

 Education Level: 11                        AFQT: 87

 Highest Rank: PFC

 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/ERRONEOUS ENTRY, authority: MARCORSEPMAN Par. 6204.2.

 Chronological Listing of Significant Service Events :

960812:  Med Dept (MCRD, San Diego): 20 year old male, with complaint of gradual increased right groin pain for 4 days and pain is more at night than in a.m.. Worsened by marching, running. Stretching has not helped pain. Now radiate to the right testicle, anterior and past groin region. No trauma. Pt running hard 1 month before enlistment. Pt stands on left leg to keep weight off right leg.
         Assessment: Tensle femoral neck stress fracture.
         Plan: MRI of femoral neck to determine extend of stress fracture.....Follow-up Dr. M_ in afternoon.

960821:  Med Dept (MCRD, San Diego): Follow-up right femoral neck stress fracture. Pt states feels well. No pain in right hip for 4-5 days.
         Plan: MRP - upper body, no lifecycle , continue crutches. Follow-up Ortho 26 Aug 96, Follow-up Dr. M_ in early Sept….

970106:  Med Dept (MCRD, San Diego): Chief compliant hip pain.
         Diagnosis: Resolving right femoral neck stress fracture.
         Referred for administrative/Entry Level Separation
         Present condition is "not physically qualified" in accordance with the Physical Standards from Enlistment as opposed to physical unfitness by reason of physical disability.
         Due to prolonged time of rehab, recommend ELS. Pt can return if wishes at future date. No PEB necessary due to fact that bone is healed and no long term affects or disability are likely. MRI & exam shows healed stress fracture. However as stated rehab is prolonged and is best served by return home for further time to recondition. Pt is pain free for discharge.
970122:  Applicant notified of intended recommendation for discharge with an Entry Level Separation by reason of defective enlistment and induction due to a erroneous entry into the U.S. Marine Corps. The factual basis for the recommendation is due to preservice medical condition (resolving right femoral neck stress fracture).
9701XX:  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.
970108:  Commanding officer recommended discharge by reason of erroneous enlistment and induction due to member being diagnosed by medical as having a resolving right femoral neck stress fracture. Medical Department recommends Entry Level Separation.

970123:  CG, MCRD, San Diego, Calif., approved discharge by reason of erroneous enlistment and induction based on medical diagnosis.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970124 with an 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 and narrative reason for separation were not proper (C and D).

After reviewing the applicant’s issues, the Board determined: that the applicant injured his shoulder while in boot camp, not prior to enlistment; and that he served 180 days of active duty prior to his notification of his pending discharge. The applicant did not rate an uncharacterized discharge, but rated an honorable discharge. Relief granted

 Pertinent Regulation/Law (at time of discharge)

 A . The Marine Corps Separation and Retirement Manual,(MCO P1900.16E), effective 18 Aug 9 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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon Street SE Rm 309
                  Washington, D.C. 20374-5023     


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