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USMC | DRB | 2002_Marine | MD02-00467
Original file (MD02-00467.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD02-00467

Applicant’s Request
The application for discharge review, received 020226, 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 from the Disabled American Veterans.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021105. 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. I, (Applicant), enlisted in the Marine Corps right out of high school and shipped out to MCRD, San Diego, CA on August 1, 2000. On September 01, 2000 I Injured my knee, and spent 2 1/2 mo in Medical Rehab platoon, attempting to heal & go back to training. I was discharged before this could happen, and though I wanted to stay i was told that I probably would not heal in MRP. I then returned home Nov 13, 2000. Although I did not spend much time in service, my conduct was exemplary, and my behavior was wanting of an honorable discharge. I ask for this because anything other than an honorable discharge is a 'black mark" on my resume, and I also may need future medical treatment from the VA, which I cannot receive without a honorable discharge.
2. Dear Chairperson:

 After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to note the contentions as set forth by the appellant as follows; an upgrade of the current Un-Characterized discharge to that of Honorable.

A review of the record reflects that the FSM served in the United States Marine Corp. from August 1, 2000 to November 15, 2000 at which time he received the current discharge by reason of convenience of the government, condition not a physical disability, patella femoral pain syndrome right knee.

This in of itself is an impropriety, as patella femoral pain syndrome is a physical disability as noted by law. Mr. (Applicant) served for thirty days or so before injuring his knee during physical training, he rehabilitated for two months before being discharged. Treatment records note the possibility of ligament tears, along with the pain, and effusion. So there was more to this disability than is noted on the DD 214.

Also during the FSM's tenure of active duty, not once was there an incident of misconduct. Just a young man trying to become a Marine. It would be different story if he couldn't adjust to military life; couldn't follow orders, or was utilizing drugs. But he was not any of these things, he was just a kid trying to be a Marine and do the duty he for which he enlisted.
FSM (Applicant) provided the United States Marine Corp. (USMC) with three months of honorable service and the USMC should provide him with an honorable certificate. If it has not been for the injury to his knee it is fully expected the FSM would have completed his obligation honorably. The current stigma of an uncharacterized discharge will be a byte on Mr. (Applicant's) life and any employment endeavors.
We ask for the Board's careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the Applicant. Respectfully,
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of Applicant's DD Form 214
Twenty-six pages from Applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                991103 - 000731  COG

 Period of Service Under Review :
Date of Enlistment: 000801               Date of Discharge: 001115

 Length of Service (years, months, days):
         Active: 00 03 15
          Inactive: None
Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 61
Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: NMA*                          Conduct: NMA

 Military Decorations: None
Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None
*No Marks Available for review.
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 :

000804:  Counseled for deficiencies in performance and conduct. [What is expected while in recruit training.] Necessary corrective actions explained, sources of assistance provided.

000806:  Counseled for deficiencies in performance and conduct. [Assignment to the weight control program.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
000828:  Counseled for deficiencies in performance and conduct. [Lack of ability to climb the rope.] Necessary corrective actions explained.

000914:  Medical evaluation by Branch Medical Clinic.
         AXIS I: MCL sprain and patellar tendonitis.
000915:  Counseled. [Knee strain.] Applicant understands this is not a punishment.
001103:  Commanding Officer recommended an 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 due to medical condition, patello femoral pain syndrome, right knee.
                 
001109:  Applicant notified of intended recommendation for an uncharacterized discharge by reason of convenience of the government for a physical condition not a disability.
001109:  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.
001115:  GCMCA [Commanding General, Marine Corps Recruit Depot, San Diego, CA] directed the Applicant's uncharacterized discharge by reason of physical condition not a disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant received an uncharacterized discharge on 001115 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).
Issues 1 and 2. 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 and medical records did not contain any unusual circumstances during his less than four months in the military 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 Applicant’s desire for VA benefits does not provide a basis for relief. Relief 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 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. 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.


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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