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USMC | DRB | 1999_Marine | MD99-01192
Original file (MD99-01192.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD99-01192

Applicant’s Request
The application for discharge review, received 990903, requested that the characterization of service on the discharge be changed to honorable or 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 000525. 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.

The NDRB did note an administrative error on the original DD Form 214. Block 28, Narrative Reason for Separation, should read: “ERRONEOUS ENTRY” vice “Defective Enlistment & Induction - Erroneous (without admin discharge board) PLANTAR FASCIITIS”. The original DD Form 214 should be corrected or reissued as appropriate.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. First of all when I got my physical done at Meps, the doctor clearly stated on my physical form that I had Plantar Fascitis (flat feet). My recruiter Staff Sergeant C_ was aware of this situation. I did not lie to enroll. So I think its only fair for me to get an Honorable Discharge.

2. There is a form inside this paper that states I received an Honorable Discharge.

3. You people were aware that I had flat fleet. Its on my MEPS Medical records.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's LES upon discharge
Applicant's application (DD Form 149) to BCNR dtd 4-16-99

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                970530 - 971013  COG

 Period of Service Under Review :
Date of Enlistment: 971014               Date of Discharge: 971212

 Length of Service (years, months, days):

         Active: 00 01 29
         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: N/A                  Conduct: N/A

 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/Defective Enlistment & Induction - erroneous (without admin discharge board) - PLANTAR FASCILITES, authority: MARCORSEPMAN Par. 6204.2. [Correct reason should be "ERRONEOUS ENTRY"].

 Chronological Listing of Significant Service Events :

970530:  Medical eval by MEPS diagnosis applicant has Pes Planus. Qualified for enlistment.

971112:  Medical eval by Sports Medicine clinic, MCRD, San Diego, Ca:
18 year old male recruit with a chief compliant of flat feet.
         Assessment: 1 - Pes Planus, 2 - Pain out of proportion to exam, question secondary gain, 3 - normal limit knee exam bilat.
         Follow-up with Podiatry in A.M.
971120:  Medical eval by Sports Medicine clinic, MCRD, San Diego, Ca:
18 year old male recruit with a follow-up chief compliant of feet/hip
Pt seen in podiatry on 13 Nov 97 with diagnosis of Pes Planus. Pt states physical therapy is not improving feet.
          Assessment: 1 - Recruit with multiple complaints of back, thigh, knee, leg and foot pain. Minimal improvement with rest.
Continue wrap/physical therapy, bone scan ordered T-Spine to toes.
          Followup after bone scan.

971202:  Branch Med Clinic, MRD: Chief Complaint - foot pain. Verification Process - history, exam, Xray, bone scan. Diagnosis: Plantar Fascitis, Pes Planus.
         Member 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 conditions is considered "Not physically qualified"; and member's condition is unlikely to change if retained for training.

971202:  CO recommends discharge – entry level performance and conduct. Factual basis of discharge is “Failure to adept. Below average behavior while attending training. Trial Training Failure. SNR does not desire to complete training….Diagnosed with symptomation Flat Feet and recommend for ELS”.

971209:  Applicant notified of intended recommendation for discharge with an entry level separation by reason of defective enlistment - erroneous enlistment. The factual basis for this recommendation was preservice medical condition - Plantar Fascitis.
971209:  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.
971210:  GCMCA [MCRD, San Diego, CA] directed the applicant's discharge with an uncharacterized service by reason defective enlistment and induction - erroneous - Plantar Fascitis.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 971212 with an uncharacterized service 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).

In the applicant’s issue 1, the Board found that the applicant does not meet the required number of active duty days (180) to qualify for an honorable discharge. The applicant served only 59 days on active duty. Relief denied.

Issue 2 is an administrative error, the applicant’s DD 214 is correct.

In issue 3, the Board concurs that flat feet was diagnosed on his enlistment physical. However, the diagnosis made the applicant unqualified for service in the Marine Corps.

Pertinent Regulation/Law (at time of discharge)

 A. The Marine Corps Separation and Retirement Manual,(MCO P1900.16E, effective 950818), 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      


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