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USMC | DRB | 2002_Marine | MD02-00515
Original file (MD02-00515.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD02-00515

Applicant’s Request
The application for discharge review, received 020308, 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 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, as submitted

 1. Change my discharge from general to honorable because I served over eleven months honorable service in the military and my reason for discharge was due to in-service medical injury.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Applicant, undated
Character reference, undated
Two 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)                980622 - 990606  COG

 Period of Service Under Review :
Date of Enlistment: 990607               Date of Discharge: 000511

 Length of Service (years, months, days):

         Active: 00 11 05
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 82

 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: None

 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 :

000120:  Sports Medicine and Reconditioning Therapy injury report: Applicant is a treatment failure. Applicant is returned to full duty. If Applicant is unable to train and returns for same condition, Applicant is recommended for administrative separation for the good of the USMC.

000228:  Sports Medicine and Reconditioning Therapy injury report: Diagnosis: Revolving left ankle sprain.

000316:  Counseled for deficiencies in performance and conduct. [Diagnosed with a physical condition not a disability that hinders the ability to train.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
000321:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of convenience of the government for a physical condition not a disability.
000321:  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.

000321:  Commanding Officer recommended discharge under honorable conditions (general) by reason of convenience of the government for a condition not a physical or mental disability. The factual basis for this recommendation was a result of being diagnosed with chronic back pain.

000405:  Applicant directed to voluntary leave for an indefinite period while administrative separation is being reviewed.

000424:  GCMCA [Commanding General, Marine Corps Base, Camp Pendleton, CA] directed the Applicant's discharge under honorable conditions (general) by reason of a physical condition not a disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 000511 under honorable conditions (general) by reason of convenience of the government due to a 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 that the Applicant’s characterization of service should have been based on the Applicant’s overall service record during the current enlistment. The Applicant’s average proficiency and conduct markings warranted an honorable characterization of service and he had no derogatory information in his record other than his injuries that hindered his ability to train. Therefore the Applicant’s discharge is equitably characterized as honorable. Relief 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 “ 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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