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USMC | DRB | 2001_Marine | MD01-00715
Original file (MD01-00715.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD01-00715

Applicant’s Request
The application for discharge review, received 010425, 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. Subsequent to the application, the applicant obtained representation by the American Legion.

Decision

A documentary discharge review was conducted in Washington, D.C. on 011218. 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 change. The discharge shall change to: HONORABLE/CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2.
.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1. (Equity Issue) This former member opines that the quality of his service met USMC standards of accepted conduct and performance of duty, and that to issue him a less than fully honorable due to his physical disability is inappropriate. On this basis, he petitions the Board's relief.
2. (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
 Letter of Recommendation dtd 30 Jul 00 from Platoon Commander, Basic Marine Platoon, Special Training Company, Parris Island
 University of Alabama Enrollment Certification dtd Mar 12, 2001
 Unofficial Undergraduate Academic Record dtd 02-21-01
Welcoming letter from the University of Alabama, Arts & Sciences dtd Aug 2, 2000
 Orientation letter from the University of Alabama dtd Aug 3, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                980915 - 990830  COG
Period of Service Under Review :
Date of Enlistment: 990831               Date of Discharge: 000714
Length of Service (years, months, days):

          Active: 00 10 14
          Inactive: None

 Age at Entry: 18                          Years Contracted: 4
Education Level: 12                         AFQT: 72

 Highest Rank: PFC
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (2)              Conduct: 4.2 (2)
Military Decorations: None

 Unit/Campaign/Service Awards: M16A2 Marksman Badge
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 :

980915:  Enlisted under the Medical Remedial Program. Does not meet the physical standards by reason of undescended testicle. Applicant agrees to undergo appropriate remedial medical correction or procedure as prescribed by the Commander, Naval Medical Command.
991122:  Applicant counseled regarding his request for voluntary separation prior to completion of final action on physical disability proceedings and the waiver of his rights with regard to such proceedings.

991129:  Naval Hospital, Beaufort, SC: Surgical procedure for Right Orchiectomy (Right testicle). 18 year old USMC recruit know to have an undescended right testicle prior to or during training, now presented for elective excision of undescended testicle. Pt informed of potential past physiology related to have an undescended testicle. Pt also has history of having fathered a child in past.

000215:  Naval Hospital, Beaufort, SC: Chief complaint - sharp pain in incision.

 000324:  Naval Hospital, Beaufort, SC: 18 year old, right Orchiectomy. Now with left testicle moving into groin (out of scrotal sac) when running. Increased pain when this occurs.

000626:  Applicant notified of intended recommendation for discharge with a General (Under Honorable Conditions) by reason of convenience of the government for a physical condition not a disability.
000626:  Applicant advised of his rights and having elected to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
000626:  Commanding officer recommended discharge with a General (Under Honorable Conditions) by reason of convenience of the government for a condition no a physical or mental disability. The factual basis for this recommendation was due to undescended testicle and medical evaluations conducted by medical authorities and your unsuitability for continued military service.

000707:  GCMCA [CG, MCRD, Eastern Recruiting Region, Parris Island] advise CMC that applicant was discharged with a General (Under Honorable Conditions) by reason of convenience of the government due to a physical condition not a disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000714 with a General (Under Honorable Conditions) 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 but not equitable (C and D).
Issue 1. The Board found no derogatory material in the applicant’s records. The Board also found that his service evaluation markings were sufficient to warrant an upgrade of his characterization to honorable. Therefore, relief is granted on this issue.
Issue 2. The Board found that the applicant’s post service conduct was not relevant to the inequity of the discharge.
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 “ afls10.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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