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USMC | DRB | 2002_Marine | MD02-01087
Original file (MD02-01087.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD02-01087

Applicant’s Request
The application for discharge review, received 020725, 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 030722. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety 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. I was discharged due to an injury received while in training. It was disabling enough to prevent myself from completing my contract and I was forced out. I served more than 180 days and have been told by the VA that I rate an honorable discharge. There were no behavior problems and I left with a clean record. I would also like my reenlistment code changed so I may re-enlist as soon as my injuries have healed.

 Documentation
Only the service and medical records were reviewed, as the Applicant did not provide additional documentation for the Board to consider other than a copy of his DD Form 214.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                991211 - 000529  COG

 Period of Service Under Review :
Date of Enlistment: 000530               Date of Discharge: 010305

 Length of Service (years, months, days):

         Active: 00 09 06
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 40

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                          Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksman Badge

 Days of Unauthorized Absence: None

*No Marks Found in service record book.

 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 :

000627:  Branch Med Clinic, MCRD, Parris Island: 20 year old male presents to Clinic for Mechanical LBP. Pt states that he’s feeling a little better. States that he’s still having a little pain when his leg is extended. No loss of bowel/bladder.
         Assessment: Mechanical LBP.
         Plan: Stretches given, ice, heat, P.T., follow-up 1 week.

000713:  Emergency Care & Treatment, MCRD Parris Island: 20 year old white male brought in to ACA. Pt reports “I reaggravated my back this am.” Pt was performing P.T, stretches when he felt pull in back. Continue therapy and pain greater than 4. Pt reports he wants to train. No numbness/weakness, states pain radiated down back, no loss of bowel/bladder.
         Assessment: Exacerbation of MLBP (chronic).
         Plan: Continue MRP limited duty, no P.T. for 4 days, use moist heat, given meds, follow-up MRP day, possible MRI for possible disc herniation if symptom persists/worsens.

000811:  NAVHOSP Beaufort, SC: 20 year old male recruit complains R/A for ITBS to knee. Pt states pain increases with running. Pain is dull but sharpens, does not radiate, no past medical history of knee problems.
         Assessment: ITBS.
         Plan: limited duty, continue medical, ROM exercises.
000905:  Physical Therapy BMC Parris Island: Diagnosis: right knee ITBS. Pain scale 3 out of 10. History of lock and giving out – severe pain on 4 th mile of 5 mile hump. No change.
         Recommend drop to MRP.

001214:  Medical, Camp Geiger: 21 year old active duty male with history of left Patellofemora syndrome and iliotibial band syndrome (PFS/ITBS) in boot camp. MOS change currently being processed. Pt completed Sports Med rehab program in boot camp. Presents today requesting med RF for recent exacerbation of same symptom (Retropatellar and lateral left knee pain) – no new symptoms. States Motrin and Naprosyn used previously were not completely effective. Request alternative.
         Assessment: History of PFS/ITBS, left knee. Recent recurrence of symptom (pain).
         Plan: Clinoire 200 mg, precautions/follow-up discussed. Pt agrees/understands.

010103:  Medical Admin Note: Servicemember is a 21 year old male with Chronic Left knee pain due to Patellofemor syndrome and iliotibial band syndrome which developed in boot camp. He also has chronic mechanical lower back pain for the past 2 years. He was previously recommended for an MOS change by Mr. M_ but now feels that he will be unable to complete any training and states that he is unable to complete a PFT. He has been evaluated by LT N_ and Mr. M_ at Camp Geiger Branch Medical Clinic and was previously seen by multiple providers for the same during boot camp. He has failed to respond to a lengthy course of light duty and medication. He has waived his right to PEB after counseling and is therefore recommended for Ad Sep for Chronic Left Knee pain due to PFS and ITBS, DNEPTE (did not exist prior to entry) and Chronic Mechanical Low Back Pain, EPTE (existed prior to entry).

 010103:  Medical Admin Note: 21 year old active duty male with chronic left knee pain – see multiple previous entries. Was recommended for an MOS change. Now states he’s unable to perform PFT or complete any training. Declines further evaluation/treatment. Requests admin separation. PEB waiver signed.
010103:  Applicant waived his rights to a Physical Evaluation Board.

 010305:  Applicant discharged with a character of service as “Uncharacterized” by reason of Condition Not a Physical or Mental Disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010305 with uncharacterized service 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 equitable but not proper (C and D).

Issue 1. While the Board was unable to confirm the date the Applicant was notified that he was being processed for administrative separation, the record indicates that the decision to administratively discharge the Applicant was made on or after 010103. This date was more than 180 days after the Applicant began active duty. Therefore, the assignment of an entry level separation characterization of service is improper. The Board found that in the Applicant’s case, the characterization of service should have been the “type warranted by service record.” A review of Applicant’s records indicated an honorable discharge was warranted. Relief is therefore granted.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief on this issue is not possible from this Board.


 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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