Search Decisions

Decision Text

USMC | DRB | 2002_Marine | MD02-01005
Original file (MD02-01005.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD02-01005

Applicant’s Request
The application for discharge review, received 020708, 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 030331. 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/ ERRONEOUS ENTRY, authority: MARCORSEPMAN Par. 6204.2.

.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted
1. MY DISCHARGE (DD-214) DID NOT LIST MY CHARACTER OF DISCHARGE. I KNOW I HAVE BENEFITS BECAUSE OF MY HONORABLE SERVICE, HOWEVER THE LAYMAN REVIEWING MY DD-214 WOULD NEED TO KNOW THE TYPE OF DISCHARGE I RECEIVED. THE DD-214 IS USED TO OBTAIN EMPLOYMENT, GET A LOAN, BUY A HOUSE, ETC. PLEASE LIST THE CHARACTER OF MY DISCHARGE ON MY DD-214.

2. Veterans Administration - Statement In Support Of Claim form - I AM WRITING THIS TO SUPPORT MY CLAIM TO CHANGE CHARACTER OF DISCHARGE ON MY DD-214 FROM UNCHARACTERIZED TO HONORABLE. I AM BEING 'PUT-OFF' BY SCHOOL OFFICIALS AND EMPLOYERS BECAUSE MY DD-214 DOES NOT CHARACTERIZE MY MILITARY SERVICE AS HONORABLE, YET I KNOW IT WAS AND I AM BEING COMPENSATED BY VA FOR SERVICE-CONNECTED CONDITION. IF YOU CAN NOT CHARACTERIZE MY SERVICE AS HONORABLE, PLEASE SEND ME AN EXPLANATION AS TO WHY THIS REQUEST CAN'T BE GRANTED. MY LIFE IS ON-HOLD ABOUT SCHOOL OR EMPLOYMENT UNTIL I HEAR FROM YOU. THANK YOU IN ADVANCE FOR YOUR CONSIDERATION.

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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                990728 - 000619  COG

 Period of Service Under Review :
Date of Enlistment: 000620               Date of Discharge: 000912

 Length of Service (years, months, days):

         Active: 00 02 23
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 56

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                          Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

*No Marks Found in Service Record Book.

 Character, Narrative Reason, and Authority of Discharge (administratively corrected):

UNCHARACTERIZED/ERRONEOUS ENTRY, authority: MARCORSEPMAN Par. 6204.2.

 Chronological Listing of Significant Service Events :


000727:  Physical Therapy: 18 year old male USMC sprained ankle 5 July, dropped to MRP 7 July, follow-up with podiatry 10 Jul. Had 1 week of PT: bike, BAPS, stretch, ice.
         Assessment: Left ankle sprain
         Plan: In clinic 2 days for 2 weeks.

000804:  Medical Care: 18 year old male with complaint of left ankle. Duration of systems - 3 weeks. Injured running. Pain with RVN on tread mill, normal walking without pain. States does not know why ankle takes so long to heal.
         Diagnosis: Ankle Sprain, Inversion Left.
         Duty Status: Limited Duty for 14 days, MRP.
         Disposition: Follow up Appointment 18 Aug 00 at 0700. Follow up after bone scan podiatric medicine in 3 days.

000814:  Radiologic Exam Report (Bone Scan): 18 year old private active duty Marine with pain to left ankle and heel without resolution in three weeks.
         Findings: Abnormal regions of uptake in the left calcaneus are noted at the inferoposterior aspect as well as in the region of the lateral malleolus.
         Impression: Above findings are compatible with resolving versus early stress changes of the calcaneus and lateral malleolus.

000828:  Podiatric Medicine, Branch Medical Clinic: Chief complaint - Left Ankle Pain.
         Diagnosis: Left Ankle Stress Reaction.
         Condition not documented on the SF88/SF93, no waiver granted.
         Disposition: Referred for administrative entry level separation. Member does not meet the minimum standards for enlistment. Member has not incurred injury and/or has not aggravated pre-existing defects by active military service. Member’s present condition is considered "not physically qualified" in accordance with the physical standards for enlistment as opposed to physical unfitness by reason of disability. Member's condition is unlikely to change if retained.
000907:  Applicant notified of intended recommendation for discharge with an entry level separation (uncharacterized) by reason of defective enlistment and induction due to a erroneous entry as evidenced by Left Ankle Stress Reaction.
000907:          Applicant advised of his rights and having consulted 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.

000906:  Commanding Officer recommended discharge with an entry level separation (uncharacterized) by reason of convenience of the Government due to medical - Left Ankle Stress Fracture.

000913:  GCMCA [CG, MCRD, San Diego, CA] directed the Applicant's discharge with an entry level separation (uncharacterized) by reason of defective enlistment and induction due to erroneous entry into the U.S. Marine Corps - Left Ankle Stress Reaction.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 000912 with an entry level separation (uncharacterized) by reason defective enlistment and induction due to erroneous entry (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 [A], members discharged within the first 180 days of enlistment are given characterization of service as “uncharacterized/entry level separation” 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 three 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. Relief is therefore denied.

The Veterans Administration determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

 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 . The Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 until present, paragraph 6204, DEFECTIVE ENLISTMENT AND INDUCTION.
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      


Similar Decisions

  • USMC | DRB | 2006_Marine | MD0600175

    Original file (MD0600175.rtf) Auto-classification: Denied

    A: Stress fracture right Femur (illegible) P: Physical Therapy Instructions and Handouts: Ankle Sprain complete treatment with tilt board continued; Contract/Relax buddy stretches adductors; Isometric Quad exercise Ice 2-3 x day (illegible) Duty status: MRP (Protocol UB/Swim/C.C.) Continue with UB protocol until 100% pain free.960426: Medical entry: Sports Medicine Clinic, Marine Corps Recruit Depot, San Diego CA, HM1 K. J. R_, USN: Patient (Applicant) here for 2 week follow up and Eval for...

  • USMC | DRB | 2002_Marine | MD02-00233

    Original file (MD02-00233.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events : 981110: Applicant ordered to active duty.990106: Medical evaluation by Branch Medical Clinic: AXIS I: Chronic right ankle pain, EPTE.990106: Commanding officer recommended discharge with an entry level separation (uncharacterized) by reason of defective enlistment and induction due to erroneous entry. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the...

  • USMC | DRB | 1999_Marine | MD99-01119

    Original file (MD99-01119.rtf) Auto-classification: Denied

    MD99-01119 Applicant’s Request The application for discharge review, received 990824, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Pt is pain free for discharge. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 970124 with an Uncharacterized by reason defective enlistment and induction due to erroneous entry (A).

  • NAVY | DRB | 1999_Navy | ND99-00066

    Original file (ND99-00066.rtf) Auto-classification: Denied

    code on my discharge papers changed to an R.E.-3 so that I may go back in Please consider me for re-enlistment into the U.S. Navy by changing the R.E. 971217: Branch Medical Clinic, Great Lakes evaluation (podiatry): Diagnosis - Pes Planus with symptoms, entry level medical separation for EPTE condition. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge and the reason for discharge was proper and...

  • USMC | DRB | 2002_Marine | MD02-01310

    Original file (MD02-01310.rtf) Auto-classification: Denied

    MD02-01310A Applicant’s Request The application for discharge review was received on 20020909. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to medical – entry level separation. “On behalf of the above referenced applicant, and in accordance with 32 C.F.R., section 724.166; SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge...

  • USMC | DRB | 1999_Marine | MD99-00442

    Original file (MD99-00442.rtf) Auto-classification: Denied

    MD99-00442 Applicant’s Request The application for discharge review, received 990203, requested that the characterization of service on the discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 931012: Medical Department: Weight 200.

  • USMC | DRB | 2006_Marine | MD0600285

    Original file (MD0600285.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “ medical reasons.” The Applicant requests a personal appearance discharge review before a traveling panel. No effects have been noted which would disqualify Applicant from the performance of duties (outside of the military), or entitle Applicant to disability.010917: DD Form 214: Applicant discharged this date by...

  • NAVY | DRB | 2004 Marine | MD04-00949

    Original file (MD04-00949.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. By regulation, members discharged within the first 180 days of enlistment are given characterization of service as “uncharacterized” unless there were unusual...

  • USMC | DRB | 2000_Marine | MD00-00414

    Original file (MD00-00414.rtf) Auto-classification: Denied

    MD00-00414 Applicant’s Request The application for discharge review, received 000209, requested that the reason for the discharge be changed to medical (erroneous) The applicant requested a documentary record discharge review. I am requesting that the NARRATIVE REASON FOR SEPARATION (Block 28, DD 214) for my Entry Level Separation changed from "Defective Enlistment & Induction -Fraudulent Enlistment" to "Medical-Erroneous." PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW...

  • USMC | DRB | 2001_Marine | MD01-00123

    Original file (MD01-00123.rtf) Auto-classification: Denied

    MD01-00123 Applicant’s Request The application for discharge review, received 001102, requested that the characterization of service on the discharge be changed to honorable. 990622: GCMCA [CG, MCRD, San Diego, CA] directed the applicant's uncharacterized discharge by reason of defective enlistment and induction - erroneous due to Rhabdomyolysis. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge...