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USMC | DRB | 2000_Marine | MD00-00617
Original file (MD00-00617.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD00-00617

Applicant’s Request
The application for discharge review, received 000418, 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 001116. 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 4 to 1 that the character of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I believe the record to be in error or unjust in the following particulars:

While I was out on a PT run with my platoon I suffered severe chest pain and collapsed. I was rushed by ambulance to Mainside Hospital, Camp Pendleton, and spent three days under going tests to determine the cause of the chest pains. I was diagnosed with a condition called costochondritis which is an inflammation of the rib cartilage caused by viral infection or injury. Costochondritis can cause chest pain and shortness of breath during physical activity. This condition may last anywhere from 1 month to 18 months and due to the weakness of the chest muscle it may also reoccur. A few months later, while under light duty circumstances, I was told to run again and the same severe chest pain occurred. I was taken to Mainside Hospital and spent the day under observation.

Since I was unable to perform the duties of my position as an infantryman due to my physical limitations and I had less than a year left in the Marine Corps, determination was made not to expend additional resources in retraining me in another position within the Service. Due to the fact that costochondritis is not a permanent illness I was unable to obtain a Medical discharge and was given a General Discharge.

I specifically inquired about my GI Benefits with the battalion and regimental education officer and was told that a general discharge would still entitle me to GI Bill educational benefits. I would not have accepted this discharge had I known that my benefits would be denied.

In my health would have permitted me to perform my duties as an infantryman in the Marines, I would have gladly completed by four-year tour of duty. By the time I received my discharge I had a total of 3 years and 4 months in the Marine Corps. I believe I am entitled to these benefits.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
BCNR ltr dtd Mar 29, 2000
Copy of DD Form 214 (2 copies)
Dept. of Veterans Affairs ltr of Mar 18, 1999 concerning education benefits
Service Medical Record pages (36)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                930708 - 940619  COG

 Period of Service Under Review :
Date of Enlistment: 940620               Date of Discharge: 971031

 Length of Service (years, months, days):

         Active: 03 04 12
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

Education Level: 12                        AFQT: 66

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (10)             Conduct: 4.3 (10)

 Military Decorations: None

 Unit/Campaign/Service Awards: NSDM, SSDR

Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS/CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

 Chronological Listing of Significant Service Events :

960112:  Eligible but not recommended for promotion to Cpl for the months of Feb, Mar, Apr, due to lack of judgment, force, initiative, and lacking maturity. Also pending NJP.

 960118:  NJP for violation of UCMJ, Article 86: UA (AWOL) from 0630, 951208 to 0730, 951211 (3 days).
 Awarded forfeiture of $231.00 per month for 1 month (suspended for 6 mos), restriction and extra duties for 7 days. Not appealed.

 960212:  NJP for violation of UCMJ, Article 111: did on or about 0310, 960112, operate a vehicle, to wit: a passenger car while drunk, to wit: had a BAC level of .13%; violation of UCMJ, Article 134: on or about 0310, 960112, willfully and unlawfully alter a public record, to wit: altered his military I.D. card.
 Awarded restriction and extra duties for 14 days. Not appealed.
960923:  Naval Hospital, Camp Pendleton, Patient Disposition Orders. Applicant placed on light duty.

960930:  Placed on 6 months of limited duty based on medical board convened at Naval Hospital, Camp Pendleton. Diagnosis: Costochrondritis.
970507:  Battalion Surgeon, 3d Battalion, 5 th Marines: Diagnosed with Chest Wall Pain which has been resistant to any reasonable treatment. This condition has prevented the member from performing physical training for over eight months. It is my professional opinion that LCpl (Applicant) be administratively separated from the United States marine Corps for convenience of the government.

970813:  Eligible but not recommended for promotion to Cpl for the months of Sep, due to lack of initiative and leadership.
970825:  Applicant notified of intended recommendation for discharge under Honorable conditions (General) by reason of Physical Condition not a Disability.
970825:          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.

970820:  Commanding officer recommended discharge by reason of Convenience of the government due to a physical condition not a disability.

970910:  NJP for violation of UCMJ, Article 92: on or about 1130, 970825, disobey a lawful order given by the Regimental Sergeant Major to report to his hatch at 1300, an order which it was his duty to obey, did fail to do the same by not reporting to the Sergeant Major's hatch at 1300.
         Award: Forfeiture of $268 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.

971001:  Battalion Surgeon: LCpl (Applicant) has a one year (plus) history of non-cardiac chest pain for which he has been treated at various facilities to include Sports Medicine Cardiology, Internal Medicine and Emergency Medicine not to mention the B.A.S. all of which concur that it is non-cardiac in nature. Determines condition is a "physical condition" and "not a disability".

971020:  GCMCA [1 st MarDiv(Rein)] directed the applicant's discharge under Honorable conditions (General) by reason of a physical condition not a disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 971031 under Honorable conditions (General) 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).

Issue 1. The applicant states he believes he is entitled to military benefits based on his 3 years and 4 months of service. The Board determined the applicant’s discharge was proper and equitable. The applicant had three NJPs for violation of Article 86 (UA 3 days), Article 111 (driving while drunk – BAC .13%), Article 134 (altering his I.D. card) and Article 92 (disobeying a lawful order). The applicant qualified for a discharge based on his misconduct but was discharged for a physical condition not a physical disability. 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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