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USMC | DRB | 2002_Marine | MD02-00794
Original file (MD02-00794.rtf) Auto-classification: Denied


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


ex-LCpl, USMC
Docket No. MD02-00794

Applicant’s Request
The application for discharge review, received 020515, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a documentary record discharge review. The Applicant designated the Disabled American Veterans as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030214. 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: GENERAL (UNDER HONORABLE CONDITIONS)/CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted

 1. I was involuntarily separated from the U.S. Marine Corps, because of my medical condition which does not allow me to run anymore without pain or extra large swelling. My commanding officer Lt. C_ and Gysgt H_ had recommended an honorable discharge it was denied. All I want to do is go to college and I need the MGI Bill to pay for it. I was a good marine and I'm a good person now. I feel I don't deserve the general under honorable conditions discharge but an honorable discharge. Being injured was beyond my control. Please don't punish me for getting hurt. Please upgrade my discharge so I can go to college.
2. Dear Chairperson:

 After a review of the Former Service Members (FSM) DD Form 293 Application for the Naval Discharge Review Board of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to support the contentions as set forth by the Applicant, in his request that he be given the opportunity to upgrade his General (Under Honorable Conditions) Discharge to a Honorable Discharge.

The (FSM) entered the Marine Corp on April 11, 1991 until November 10, 2001 a period of only (2) years and (4) months. During this (FSM) enlistment she was recommended for discharge by her Company Commander for what she was diagnosed as Bilateral Patella Syndrome and evaluated and rated for that condition that they stated existed prior to military service. The (FSM) disagrees with the Battalion Surgeon and Company Commander's medical reasons and findings. The (FSM) also, had other conditions and Illness that add to her disabling condition. The (FSM) current medical conditions she now feels add to her contention and offers evidence that she should have been given an Honorable Discharge for her military service connected medical conditions.

The (FSM) short term of service only adds to my contention that she should have been medically retired since she never experienced any problems medically before she entered y military service. The (FSM) only requested assistance to help her for her problem knee's (Bilateral Patella Syndrome) since the condition only added to her other conditions and her inability to handle the stressful military life when she could not perform her physical training. The (FSM) stated she was treated as inferior and as well as an out-cast by her command officials and this attitude was also instilled into other marines toward her. This negative environment exhibited by her command very much affected the (FSM) and her ability to maintain a stable and mental proper attitude, hence the conditions that they refused to rate now she realizes that it greatly impaired her mental state of health.

The (FSM) now respectfully requests an equitable standard be applied as well as equity in treatment in seeking the boards' approval to afford her the opportunity to receive and an up-grade of her General (Under Honorable Conditions) Discharge to an Honorable Discharge. The (FSM) sincerely hopes that by respectfully requesting and being granted an Up-Grade of her General (Under Honorable) Discharge.

The (FSM) feels her military accomplishments of service arc a matter of Supreme Honor and Respect she will cherish throughout her lifetime. The (FSM) also states she had always tried to achieve Honor and Respect during her almost entire term of enlistment of military duty in the Marine Corp, but failed to complete due to her short period of enlistment.

We respectfully request that the (FSM) be given complete and duly consideration by the board. We also respectfully request that the board consider each reasonable explanation submitted by the (FSM) who now wishes to seek to correct the medical mistakes in determining and up-grading her General (Under Honorable Conditions) Discharge she received in fulfilling her military duty in the United States Marine Corp.

We ask for the Boards 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:
Applicant's DD Form 214 (Member 4 and 1)
Thirty pages from Applicant's service record
 Letter from Applicant dated May 28, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                990318 - 990719  COG
Period of Service Under Review :
Date of Enlistment: 990720               Date of Discharge: 010629

 Length of Service (years, months, days):
         Active: 01 11 10
          Inactive: None

 Age at Entry: 20                          Years Contracted: 4
Education Level: 12                        AFQT: 53

 Highest Rank: LCpl
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                          Conduct: NMF
Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, Letter of Appreciation, Certificate of Achievement
Days of Unauthorized Absence: None

 *No Marks Found in the service record.
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 :

000417:  Medical entry: A: Patellar Tebdibtus.PFS. P. LD x 2 weeks, ice BID x 20 min, knee _____ refill Motrin… F/U SP MRD 25Apr @ 1300. F/U sooner PRN.

000531:  Medical entry: A: Increased distress over impending deployment. Dx: Axis I: 1. Adjustment disorder with anxiety and depression. 2. Occupational problem. Axis II: R/O personality disorder. Axis III: Bilateral PFS. P: 1. Psychological testing today MMPI 2 and MCMI to determine extent of personality based difficulties. Tests will be scored this evening and interpreted tomorrow. 2. Administrative separation is recommended based on a failure to adapt. She has not made an adequate adjustment to the Corps in 10 months. It may be that the psychological testing will also indicate a personality disorder. Each visit to the Mental Health Clinic has been more suggestive of a personality disorder. 3. Follow-up for review of testing in plan for the pt 2 June @ 0900.
000614:  Medical entry: Mental Health Department: …is not believed she meets the criteria for any specific personality disorder. Axis I: 1. Adjustment disorder with depression and anxiety. 2. Occupational problems. Axis II: Borderline personality traits. Axis III: Bilateral PFS. Recommend regular follow-up in mental health clinic with Dr. G_.
000616:  Medical entry: Applicant requests full duty chit to PCS to Okinawa. A: 1. Adj D/O, resolving by history, 2. PFS by history, no duty limitations by history. P: Believe PT is fit for duty, recommend trial PT by cmd.

000625:  Medical entry: Branch Medical Clinic: Complaints of BIL knee pain for 7 days.

 000726:  Medical entry: Complaints of B knee pain and B shoulder pain. Imp: 1. Aggravated PFS. 2. B should strain. 3. Refill vanceize spray... 4. reassure pt. 5. RTD/RTC if symptoms increase. 6. consult to knee school/pt.

000831:  Medical entry: Applicant attended knee school.

000901:  Medical entry: B knee pain since boot camp. A/P: 21 y/o with B PFS. 1. Cont PT strengthening. 2. Arch orthotics to reduce medial joint stress. 3. 2 weeks light duty. 4. Reeval.

 001016:  Medical entry: Applicant currently in physical therapy for PFS.
001024:  Medical entry: Physical Therapy: S: Complaints of B knee pain since boot camp.

 001122:  Medical entry: Physical Therapy: S: Return for follow up of right knee pain. A: Continued improvement in B traumatic PFPS.
001128:  Medical entry: Chronic B PFS who continues to improve with physical therapy, stretching, strengthening exercise. A: Improving B PFS. LLD x 30 days.
010220:  Counseled for the following deficiencies: Bilateral Patellar Femoral Pain Syndrome. Advised of recommendation for an administrative separation.
010312:  Medical evaluation by Battalion Surgeon:
         AXIS I: Bilateral Patellar Femoral Pain Syndrome.
010406:  NJP for violation of UCMJ, Article 86:
 Specification: Absence from appointed place of duty at 0645-0800, 010323.
 Violation of UCMJ, Article 92:
 Specification: Disobeyed a direct order from SNCOIC, to wit: on 010319, SNM was told to be at work at 0645 until further told otherwise for repeat occasions of being late.
 Awarded restriction and extra duties for 14 days. Not appealed.
010507:  Applicant notified of intended recommendation for discharge under honorable conditions by reason of convenience of the government for a physical condition not a disability.
010507:  Applicant advised of her 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.
010507:  Commanding Officer recommended an honorable discharge by reason of convenience of the government for a condition not a physical or mental disability. The factual basis for this recommendation was a diagnosed physical condition.
010606:  GCMCA [Commanding General, 3d Marine Division] directed the Applicant's discharge under honorable conditions (general) by reason of physical condition not a disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010629 under honorable conditions (general) 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. A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he Applicant’s service was marred by award of nonjudicial punishment (NJP) on one occasion. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. It must be noted that most Marines serve honorably and well and therefore earn honorable discharges. In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due. Relief denied.
The Applicant’s discharge characterization accurately reflects her service to her 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 is evident 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 she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her 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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