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USMC | DRB | 2001_Marine | MD01-01201
Original file (MD01-01201.rtf) Auto-classification: Denied


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

ex-Cpl, USMC
Docket No. MD01-01201

Applicant’s Request
The application for discharge review, received 010919, 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 020529. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did discern an 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

 To Who it may concern:

The two years, ten months, and two days that I spent in the Marine Corps was a great life experience for me. If I'd not gotten injured in training I would still be enlisted. While in, I never got in trouble and was known as an outstanding Marine. I was always squared away and kept my Marines that worked for me squared away also. I was separated for "physical condition not a disability". All my time in was good. My back was hurt in training and it would be hard for me to do my MOS in my physical condition. I became a student again in January of 2000 while still enlisted. The USMC helped with tuition assistance that greatly helped. I've been going to school for the past five years part time and have at least one and one half years part time while working to receive my Bachelors in Criminal Justice. I'd like to continue on and become a Probation Officer here in San Diego and eventually go back to where I grew up and start my own Youth Diversion plan in Rochester, NY. Without an honorable discharge I can't receive any Montgomery GI Bill benefits for school. I joined the service for a couple reasons. One is that most men in my family are or have been Navy or Marine Corps and another reason is that I wanted to continue my education so I invested in the MGIB. The experience and the education were most important to me. Now more than ever, I need the Dept. of the Navy's help in changing my discharge from General/Under Honorable Conditions to Honorable . I've overcome many obstacles in my life to make it to where I am now. I want to be more than a Productive member of society. I want to make a difference. With the Honorable Discharge I can finish my degree get the career of choice (Probation Officer). In the future I want to go back to my old inner city neighborhood in NY and let the children headed in the wrong direction know that "this" is not all our country can offer you. There are benefits everywhere you just have to reach out for them and they will come. That’s why I need this discharge changed from General Under Honorable Conditions to Honorable.

Thank You, (Signed by the Applicant)

P.S. I'd like to request a reply by mail if possible. Thank you.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                970328 - 970407  COG

 Period of Service Under Review :
Date of Enlistment: 970408               Date of Discharge: 000209

 Length of Service (years, months, days):

         Active: 02 10 02
         Inactive: None

 Age at Entry: 24                          Years Contracted: 4

 Education Level: 12                        AFQT: 59

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4                           Conduct: 4.4

 Military Decorations: None

 Unit/Campaign/Service Awards: NAM

 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 :

970916:  Counseled for scholastic deficiencies while attending the FDC12097 which have resulted in academic recycle to the next scheduled class. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990122:  Orthopedic Consultation: 26 year old active duty USMC with stiffness/pain upper thoracic cervical sprain in Sep 98 secondary to lifting many sand bags. Pt has been through smart clinic, back school, and has been evaluated by Chiropractics without any relief. Pt persists with pain and stiffness of upper thoracic vertebral region as well as mechanical lower back pain type symptoms. It is felt that pt has had adequate time and opportunity for rehabilitation, however has made not progress. Pt has been placed on 6 month limited duty board. Pt is being consulted to Pain Clinic down at NMCSD.

990601:  Medical Officer Admin Note: Pt at end of 6 months limited duty - Thoracic Lumbar Myofascial Pain Syndrome. Pt has failed attempt of treatment modulations including rest, physical therapy, chiropractics and Pain Management Clinic at NMCSD. Pt currently is still symptomatic and cannot return to full duty. Will refer to ORTHO for disposition including options of: (1) Limited duty extension, (2) PEB, (3) Admin sep under MCO 1600B. - Physical condition - not disability.
990610:  Orthopedic Consultation: 26 year old pt with persistent pain in back.
                  Impression: Chronic Myofascial pian & surgical lesion
                  Plan: Conservative care and request admin sep per command.

 990610:  Battalion Surgeon, 2 nd Battalion, 11 th Marines advised the command that member has been fully evaluated, all treatment options have been exhausted, condition is not likely to improve and does not allow for member to return to full duty. Recommend for administrative separation due to chronic myofascial pain syndrome.
991104:  Counseled that he would receive a Reenlistment Code of RE-3P due to physical condition not disability and now being processed for administrative separation.
991115:  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.
991115:  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 separation.

991115:  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 Chronic Myofascial Pain Syndrome diagnosed on 10 June 1999.

000127:  GCMCA [Commander, 1 st MarDiv (Rein)] directed the applicant's discharge with a general (under honorable conditions) by reason of physical condition not a disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000209 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 documented evidence of adverse performance or conduct and therefore found that the applicant’s performance evaluation averages should have been the basis for determining the applicant’s characterization of service. The applicant’s
performance evaluation average markings warrant an honorable characterization of service. Relief is therefore granted.


 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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