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USMC | DRB | 2002_Marine | MD02-00375
Original file (MD02-00375.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD02-00375

Applicant’s Request
The application for discharge review, received 020211, 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 021115. 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/ Physical disability, existing prior to entry (determined by a medical board), authority: MARCORSEPMAN Par. 8404.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted

 1. The first and utmost important issue is an upgrade from "Uncharacterized" to "Honorable Discharge."

2. Second is an acknowledgement and subsequent entry of the National Defense Service Medal which I have rightfully earned, but was not entered on my DD 214.

3. Third, I would appreciate an updated DD214 be sent to me along with an Honorable Discharge Certificate.

4. Finally, I would like to express my gratitude for any and all considerations made.

Thank you, (Signed by the Applicant)

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's photo in naval uniform
Commandant of the Marine Corps letter to Applicant dtd Oct 23, 2001
 Applicant's letter to the Commandant of the Marine Corps dtd Sep 1, 2001
 Copy of DD Form 214
Medical Board Summary Report dtd Jul 31, 1991
 Medical Board report Cover Sheet dtd Jul 31, 1991
 CO, NAVHOSP San Diego ltr to CG, MCRD San Diego dtd Jul 31, 1991
Statement of Patient Concerning Findings of Medical Board dtd Jul 31, 1991
 1 st ENDORSEMENT on Medical Board Report to Commandant of the Marine Corps dtd Aug 15, 1991
 Referral Credits for Applicant upon enlistment

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                901012 - 910505  COG
Period of Service Under Review :
Date of Enlistment: 910506               Date of Discharge: 910815

 Length of Service (years, months, days):
         Active: 00 03 10
          Inactive: None
Age at Entry: 20                          Years Contracted: 4

Education Level: GED              AFQT: 43
Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: NMF*                          Conduct: NMF
Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

 *No Marks Found in the service record.
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED/ Physical disability, existing prior to entry (determined by a medical board), authority: MARCORSEPMAN Par. 8404.

 Chronological Listing of Significant Service Events :

910731:  Medical Board, Branch Medical Clinic, MCRD, San Diego, CA:
                   Diagnosis: Right Shoulder Persistent Pain, Existed Prior to Entry.
                   Recommendation: Discharge, Enlisted in Error.

910731:  Applicant informed of the findings and recommendations of the medical board and did not wish to submit a statement of rebuttal.
910731:  CO, NAVHOSP, San Diego, advised CG, MCRD that according to Applicant's own statement, accepted by the Medical Board, a history of right shoulder pain had been noted 2 years prior to enlistment. Documentation not noted on the Standard Forms 88 and 93 completed at the Military Entrance Processing Station (MEPS). Recommended for separation for a condition which existed prior to enlistment.
910815:  GCMCA [CG, MCRD/WRR San Diego] advised Commandant of the Marine Corps that the Applicant was discharged by reason of a disability which existed prior to entry and characterization of discharge is uncharacterized.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 910815 with uncharacterized service by reason of physical disability existing prior to entry (determined by a medical board) (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).
Issues 1, 3 and 4. 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. The Applicant’s service record did not contain any unusual circumstances during his less than four months on active duty in the Marines to warrant a change of discharge. With respect to non-service related administrative matters, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization. The NDRB recommends but does not make corrections to, or print, DD-214s. Relief is therefore denied.
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 inequity must have existed during the period of enlistment in question. No such error or inequity 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. Relief not warranted.

The Applicant 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. Representation at a personal appearance hearing is recommended but not required.

Issue 2. The Board recommended that the Applicant’s DD-214 be updated to reflect the NDSM awarded during his active service.


Pertinent Regulation/Law (at time of discharge)
A. Marine Corps Separation and Retirement Manual, ( MCO P1900.16D, effective 890627 until 950817), paragraph 8404 DISCHARGE FOR DISABILITY EXISTING PRIOR TO SERVICE .

 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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