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USMC | DRB | 2002_Marine | MD02-00864
Original file (MD02-00864.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD02-00864

Applicant’s Request
The application for discharge review, received 020603, 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 030228. 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 served in the U.S.M.C. Honorably. I was given an uncharacterized discharge because of my commanding officer (Maj C_). He held a grudge against all the Marines that were hurt. Sure some of them were faking it just to go home however I was not. I was given an ultimatum, go home or go back into the field hurt. I feel I was unjustly discharged from the U.S.M.C. I never once was brought up on charges for any reason. As a matter of fact, I was a squad leader from the day I arrived at Camp Lejeune untill the day I left. I was squared away and always lead by example. Therefore I wish to have my discharge upgraded to Honorable with all my back pay that is rightfully mine.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                000211 - 000221  COG

 Period of Service Under Review :
Date of Enlistment: 000222               Date of Discharge: 001012

 Length of Service (years, months, days):

         Active: 00 07 21
         Inactive: None

 Age at Entry: 19                          Years Contracted: Unknown

 Education Level: 12                        AFQT: Unknown

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.8 (2)                       Conduct: 3.8 (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):

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

 Chronological Listing of Significant Service Events :

000530:  Arrival Screening, Camp Geiger Branch Clinic, Camp Lejeune, NC: Applicant indicates he was treated at MCRD Parris Island, SC for sprained ankle but this problem is not causing pain/difficulty at current time.

000602:  CGBC Consultation Sheet: Applicant presents with inversion injury to right ankle; two previous ankle sprains while at MCRD noted. Provisional diagnosis: ankle sprain.

000605:  Sports Medicine Clinic, Camp Geiger, NC: physical therapy consultation with staff podiatrist.

000607:  CGBC: staff podiatrist recommends 3-week rehabilitation.

000613:  Counseled for deficiencies in performance and conduct (Chronic right ankle pain and instability, status post Grade III ankle sprain, DNEPTE). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000706:  CGBC: staff podiatrist recommends restarting rehabilitation; Applicant
         states inability to complete therapy due to transportation problems and
         emergency leave.

000721:  CGBC: medical evaluation shows improvement but still significant problems; medical officer notes Applicant's desire for administrative separation.

000725:  SMCCG: follow-up medical evaluation. Diagnosis: resolving ankle sprain.

000726:  Applicant notified of intended recommendation for discharge with an uncharacterized discharge by reason of convenience of the government for a physical condition not a disability.
000726:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

000731:  SMCCG: follow-up medical evaluation. Diagnosis: persistent right ankle pain; recommend bone scan and 30 days light duty.

000811:  CGBC: Applicant to clinic to discuss options for administrative separation due to a Grade III ankle sprain.

000824:  CGBC: follow-up medical evaluation for Grade III ankle sprain.

000905:  SMCCG: follow-up medical evaluation. Diagnosis: Grade III ankle sprain, right ankle, resolving.

000913:  SMCCG: follow-up medical evaluation. Diagnosis: chronic right ankle pain, negative response to therapy; recommend MRI of right ankle. Refer to orthopedic clinic.

000919:  Orthopedic Clinic, Naval Hospital Camp Lejeune, NC: medical evaluation of ankle sprain.

000922:  Orthopedic Clinic, NHCL: AXIS I: Chronic right ankle pain and instability, status post Grade III ankle sprain; extensive evaluation and therapy with minimal improvement. Applicant request administrative separation and waives right to Physical Evaluation Board.

000922:  Commanding Officer, NHCL recommends 30 days light duty for Applicant and notes that administrative separation letter from medical authority is to be written this date.

001003:  Commanding Officer, Headquarters and Support Battalion, School of Infantry, Marine Corps Schools, Camp Lejeune, NC recommended discharge as uncharacterized by reason of convenience of the government for a condition not a physical or mental disability. The factual basis for this recommendation was by a diagnosis of the Applicant's c hronic right ankle pain and instability, status post Grade II ankle sprain.
001010:  GCMCA (Commanding Officer, School of Infantry, Marine Corps Schools, Camp Lejeune, NC) directed the Applicant's discharge as uncharacterized by reason of physical condition not a disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 001012 with an uncharacterized 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: The Applicant contends that he was unjustly discharged from the Marine Corps because his physical condition prejudiced his command. If a Marine's performance deteriorates then commanding officers shall try to determine the cause. When the command suspects a physical condition interferes with the Marine's effective performance of duty, the Marine should be referred to the appropriate medical authority. If examination by a medical officer confirms that the Marine is suffering from a physical condition beyond the individual's control and indicates that the condition is not a disability then administrative separation proceedings should be initiated. The service and medical records that the NDRB reviewed showed the Applicant's separation process to be proper and equitable. The Board found that the Applicant's physical condition did warrant administrative processing for discharge and that the Applicant's command acted according to Marine Corps directives. Relief on this basis is denied.

The Applicant further contends that his service record is devoid of any derogatory or punitive material that would preclude an honorable discharge. The records the Board reviewed showed that the Applicant was in an entry-level status at the time his Commanding Officer notified him of intended recommendation for discharge. The Applicant's Commanding Officer, therefore, was required to issue an uncharacterized discharge unless the Applicant's service record indicated unusual meritorious personal conduct or performance of military duty. While the Applicant's record did not contain any derogatory material, there were no entries so meritorious as to warrant an honorable characterization. Relief is therefore denied.

The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, civilian employment, educational pursuits, etc., an uncharacterized separation shall be considered as the equivalent of an honorable or a general (under honorable conditions) characterization.

The Applicant should also be aware that issues involving back-pay are not within the authority of the NDRB. The Applicant is further advised that, once discharged from service, an individual is no longer entitled to pay.



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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