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USMC | DRB | 2001_Marine | MD01-00127
Original file (MD01-00127.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD01-00127

Applicant’s Request
The application for discharge review, received 001106, requested that the characterization of service on the discharge be changed to Honorable and the reason for the discharge be changed to medical. 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 010615. 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.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. To change the discharge from "uncharacterized" to Honorable. Because of surgery in Camp Pendleton Naval Hospital, California I through no fault of my own or misconduct wish to have the discharge changed appropriately.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
American Legion's memo of 16 Apr 2001
Copy of DD Form 214
25 pages from medical and service record

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: 990714               Date of Discharge: 991202

 Length of Service (years, months, days):

         Active: 00 04 20
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

Education Level: 14                        AFQT: 91

 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: 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 :

990817:  Admitted to Naval Hospital Camp Pendleton: Pt taken to OR for exploratory laparotomy. Surgeons performed lysis of adhesions and cecopexy. Pt recovered well.
         Physical limitations: No heavy lifting, no pushups, jumping jacks, situps, running (no PT). No abrupt sitting up or standing up. Pt may walk short distances with abdominal garter on only.
         Discharge Diagnoses: s/p cecopexy due small bowel obstruction from volvulus.

990830:  Discharged from Naval Hospital Camp Pendleton. Placed on convalescent leave.
991115:  Follow-up s/p small bowel obstruction & partial malrotation. Pt stills gets tired easily but eating well/ active; able to stay up 6+ hours before needing nap; progressing as expected. Wound healed nicely. Recovering as expected.
         Plan: Eligible for Entry Level Separation. Will need 2-4 months rehab - slowly increasing activity. 2-4 months expect that he will have no physical limitation and could at that time go back to boot camp.

991122:  Branch Medical Clinic, San Diego: Chief Complaint: s/r small bowel obstruction with Malrotation.
         Referred for admin Entry level separation. Member has not incurred injury and/or has not aggravated pre existing defects by active military service. Member's present condition is considered "not physically qualified" with the physical standards for enlistment. Member's condition is unlikely to change if retained.
991129:  Applicant notified of intended recommendation for discharge under Entry level separation by reason of defective enlistment - Erroneous enlistment due to preservice medical condition - small bowel obstruction.
991129:  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.

991203:  GCMCA [CG, MCRD/WRR San Diego] directed the applicant's discharge with an Uncharacterized service (entry level) by reason defective enlistment and induction - erroneous due to small bowel obstruction.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 991202 under Entry level (Uncharacterized) due to defective enlistment and Induction - Erroneous due to pre-service medical condition (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 request that his discharge be changed from Uncharacterized to Honorable and the reason for discharge changed to a medical reason. The NDRB does not have the authority to change the reason for discharge from a non-medical reason to a medical reason. The applicant will have to petition the Board of Correction of Naval Records (BCNR) to have the reason for discharge changed as requested. Secondly, the applicant served in the Marine Corps less than 180 days. In accordance with the Marine Corps Separation and Retirement Manual,(MCO P1900.16E, effective 950818), paragraph 6204, DEFECTIVE ENLISTMENT AND INDUCTION , the applicant’s discharge was proper and equitable. To receive an Honorable discharge, with less than 180 days of service, would require the applicant to have participated in events that were so meritorious that no other discharge would be appropriate. The Board determined that being discharged because he was no longer physically qualified to serve, due to a pre-existing medical condition, was not sufficient justification to warrant an upgrade of his discharge to Honorable. Relief denied.

For the benefit of the applicant, an uncharacterized discharge is not a misconduct discharge. It is one that is issued to ex-military members that serve less than 181 days, unless their performance is so meritorious that an Honorable discharge is warranted or their misconduct during this short period is so egregious that they deserve an Other Than Honorable discharge (which is a misconduct discharge).

 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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