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USMC | DRB | 2000_Marine | MD00-00294
Original file (MD00-00294.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD00-00294

Applicant’s Request
The application for discharge review, received 991228, 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 000831. After a thorough review of the records, 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: UNDER HONORABLE CONDITIONS (GENERAL)/Physical disability, existing prior to entry (determined by a medical board), authority: MARCORSEPMAN Par. 8404.






PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
Only the applicant's service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                900822 - 910324  COG
Period of Service Under Review :
Date of Enlistment: 910325               Date of Discharge: 911219

 Length of Service (years, months, days):
         Active: 00 08 25 {Does not exclude lost time)
          Inactive: None
Age at Entry: 19                          Years Contracted: 4

Education Level: 13                        AFQT: 44
Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: NMF                           Conduct: NMF

 Military Decorations: None
Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 22

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

UNDER HONORABLE CONDITIONS (GENERAL)/Physical disability, existing prior to entry (determined by a medical board), authority: MARCORSEPMAN Par. 8404.
Chronological Listing of Significant Service Events :

910926:  Medical Board (NAVHOSP Camp Pendleton, CA) found that applicant was not physically qualified due to Pes Cavus, Bilateral, Symptomatic with Military Training, that the condition existed prior to entry.

911006:  To unauthorized absence.
911025:  From unauthorized absence.
911108:  NJP for violation of UCMJ, Article 86: unauthorized absence from 0200, 911106, to wit: applicant did absent himself from appointed place of duty, firewatch. Unauthorized absence from 1800, 911006, to 1500 911025 (19 days).
 Awarded forfeiture of $300.00 per month for 1 month, restriction for 30 days, reduction to E-1. Appeal submitted 911108. Appeal findings acknowledged 911122. Restriction for 30 days, stayed.
911121:  Convening Authority of Medical Board (NAVHOSP Camp Pendleton, CA) found that applicant was not physically qualified due to Pes Cavus, Bilateral, Symptomatic with Military Training, that the condition existed prior to entry and recommended that the applicant be discharge in accordance with MARCORSEPMAN Article 8404 and MCO P1900.16D.
911127:  Applicant accepted findings of the Medical Board.

 911128:  To unauthorized absence since 2201, 911128.
911201:  From unauthorized absence at 1615, 911201.
911204:  NJP for violation of UCMJ, Article 86: unauthorized absence from 2201, 911128 to 1615, 911201 (3 days).
         Award: Forfeiture of $200 per month for 1 month, restriction for 45 days. No indication of appeal in the record.

 911204:  GCMCA [CG, MCB, Camp Pendleton] advised CMC that applicant's discharge was approved and his discharge was directed by reason of a physical disability which existed prior to entry into the service, without severance pay and the characterization of service is general (under honorable conditions).

911219:  Applicant discharged under honorable conditions (general) by reason of physical disability, existing prior to entry (determined by a medical board).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 911219 Under Honorable Conditions (General) due to physical disability, existing prior to entry (determined by a medical board) (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).
The applicant introduced no decisional issues for consideration by the Board.
The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (D). The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)
A. Marine Corps Separation and Retirement Manual, ( MCO P1900.16D, effective 890627 until 950817), paragraph 8404 DISCHARGE FOR DISABILITY EXISTING PRIOR TO SERVICE.
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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