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USMC | DRB | 2000_Marine | MD00-00191
Original file (MD00-00191.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD00-00191

Applicant’s Request
The application for discharge review, received 991119, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Service Related Tailor Bunions, Surgery Priority. The applicant requested a documentary record discharge review. The applicant designated the American Legion as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000928. 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 PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. (Equity Issue) MARCORSEPMAN directives indicating that members serving less than 180 days of active duty will be assigned an Uncharacterized (Void or Entry Level Separation) discharge aside, this former member opines that his circumstances are sufficiently extenuating to warrant exception with assignment of an Honorable discharge.

2. (Equity Issue) This former member further avers that his narrative reason for discharge, physical condition not a disability, is erroneous and warrants amendment.

 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)                970910 - 980726  COG

 Period of Service Under Review :
Date of Enlistment: 980727               Date of Discharge: 990205

 Length of Service (years, months, days):

         Active: 00 06 09
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 49

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number unknown):

 Proficiency: 4.3                           Conduct: 4.3

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

 Chronological Listing of Significant Service Events :

981216:  Medical evaluation by Podiatry Clinic, Hospital Camp Lejuene: Member evaluated for pre-existing painful bilateral tailor's bunions prior to entry in the USMC and it is anticipated his return to full duty may require him to remain in medical hold for greater than 8 months as surgery is required to resolve this problem. Member has had repeated light duty periods and there has been little or no improvement of his condition with conservative treatment. Member unable to perform full duties as a Marine (i.e. - running, long periods of walking, climbing, lifting/carrying heavy loads). Recommend member be administratively separated for reason of "Physical Condition Not Disability".
990125:  Counseled for deficiencies having been diagnosed by competent medical authority as having pre-existing bilateral tailor's bunions, this condition prevents you from completing the training required to continue on active duty. As a result of medication condition, not a disability, you are being processed for administrative separation.

990120:  Applicant notified of intended recommendation for discharge with an uncharacterized service by reason of physical condition not a disability.
990120:  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.

990120:  Commanding officer recommended discharge with an uncharacterized service by reason of Convenience of the government due to a condition not a disability. The factual basis for this recommendation was due to a medical condition (bilateral tailor's bunions) which is so severe as to impair his ability to complete his required entry level training. Therefore, due to his condition, PFC (Applicant) does not possess the physical ability to complete the training required at the School of Infantry.

990201:  GCMCA [COM, MCB, Camp Lejeune] directed the applicant's discharge with an uncharacterized service by reason of Convenience of the Government due to his physical condition, not a disability.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990205 with an uncharacterized service by reason of convenience of the government due to 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).

The applicant believes his discharge should be a service related disability due to Taylor’s Bunions and that this warrants an Honorable discharge vice an Uncharacterized discharge. The Board disagrees with the applicant. Taylor’s bunions are a bone deformity that takes years to develop. The applicant was only in the Marine Corps for 6 months. It is medically impossible for Taylor’s bunions to develop during that limited time frame. Additionally, to warrant an honorable discharge one must have served on active duty at least 180 days at the time of the notification of pending discharge (A). The applicant was notified on 990120 that he was being processed for discharge. On this date the applicant had served only 173 days of active duty, thus not qualifying for an honorable discharge. 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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