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USMC | DRB | 2002_Marine | MD02-00151
Original file (MD02-00151.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD02-00151

Applicant’s Request
The application for discharge review, received 011113, 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 020701. 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/ CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. This is PFC (applicant), USMC. I was discharged 2000, September 11. The Department of Veteran's Affairs declined my application for the GI Bill on 2001, July 12. I was instructed to send form DD 149 to the Board for Correction of Naval Records explaining reasons for my request that my military record be corrected to reflect an Honorable Discharge. I am now instructed to send you (included) form DD 293. The issued discharge was "Uncharacterized". The reasons for my discharge were medical (asthma and genetic heart disease). The reasons were not disciplinary. I received "Uncharacterized" because I served 5 months and 22 days (26.5 with earned leave), not six months. I was not a Marine being disciplined. As a good Marine this entitles me to a discharge based on performance and conduct. I deserve a discharge that reflects how I served my country and Marine Corp. "Uncharacterized" has only been interpreted as negative. From employers to college admissions offices, their decisions have been severely influenced directly from the "Uncharacterized" status. And the results have been devastating. In what possible way can "Uncharacterized" be interpreted as positive? "Uncharacterized" is emotionless and void. It is a reflection of insignificance. Saying never did I exemplify even minimum standards of morals, conduct and performance! Rather it implies a Marine who was a troublemaker and punk. "Uncharacterized" has provoked some to ask if I was a troublesome Marine, and is "Uncharacterized" just another word for "Dishonorable". "Uncharacterized" is not merely inaccurate, but also offensive and insulting to the true manner in which I served.
My military record is spotless. Not a single derogatory comment or disciplinary action is listed. I never drank (on or off duty), never cheated on my wife and son, never disobeyed orders and I never disgraced my beloved Marine Corp in or out of my uniform. I earned my title and did my job without causing trouble of ANY kind. Am I a Marine who lacks honor? Uncharacterized is not the way I served. My record of conduct and performance solidify a good Marine. I did not spend more than six months as an active Marine. But the 5 months 22 days I did serve I did so with HONOR!
I ask not for an Honorable Discharge just so I can use the GI Bill to improve the quality of life for my devoted wife and innocent son. I ask not for an Honorable Discharge just so I can have a pretty plaque hung on my wall proving Daddy is an Honorable Marine. I ask for nothing. I am a Marine... I earn it. And I have earned a discharge that reflects how I served and live still as a United States Marine...Proud. Disciplined.
Honorable. SEMPER FI.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of letter from Department of Veterans Affairs dated July 12, 2001
Letter from Board for Correction of Naval Records dated September 19, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                000228 - 000319  COG

 Period of Service Under Review :
Date of Enlistment: 000320               Date of Discharge: 000911

 Length of Service (years, months, days):

         Active: 00 05 22
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

 Education Level: 11 GED           AFQT: 86

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.8 (3)              Conduct: 3.8 (3)

 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/CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

 Chronological Listing of Significant Service Events :

000712:  Medical evaluation:
         AXIS I: Asthma by history, EPTE.

 000808:  Counseled for deficiencies in performance and conduct. [Asthma, EPTE.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000817:  Applicant notified of intended recommendation for uncharacterized characterization by reason of convenience of the government for a physical condition not a disability.
000817:  Applicant advised of 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.

000905:  Commanding officer recommended uncharacterized discharge by reason of convenience of the government for a condition not a physical or mental disability. The factual basis for this recommendation was your physical condition (asthma, EPTE) which is so severe that your ability to function effectively in the military environment is significantly impaired.

000911:  Commanding officer directed uncharacterized discharge 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 000911 with an uncharacterized discharge 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. By regulation, members discharged within the first 180 days of enlistment are given characterization of service as “Uncharacterized” unless there were unusual circumstances regarding performance or conduct which would merit an “honorable” characterization. Despite the applicant’s claims, the applicant’s service record did not contain any unusual circumstances during his less than six months in the military to warrant a change of discharge to “honorable.” With respect to non-service related administrative matters, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization [A].

The Veterans Administration determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. Legal representation at a personal appearance hearing is highly recommended but not required. 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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