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USMC | DRB | 2002_Marine | MD02-01310
Original file (MD02-01310.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. 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. The Applicant requests a documentary record discharge review. The Applicant listed the American Legion as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20031205. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the reason for discharge and the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character and reason for discharge shall not change. The discharge shall remain: UNCHARACTERIZED/Entry Level Performance and Conduct, authority: MARCORSEPMAN Par. 6205.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“1. I hurt my leg while in Marine Corps boot camp in 1993. I got sent to the medical rehabilitation platoon. I was diagnosed with tendinitis. I kept complaining that I felt it was more serious. When no treatment was provided, I asked to be sent home. Subsequently I was give a performance and conduct discharge.

Once home, I sought the medical care of civilian doctors. They diagnoses me with medial collateral ligament damage which was treated.”

Because of the situation and misdiagnosis, I am requesting the type of entry level separation be changed from performance and conduct to something a little less derogatory.”

Additional issues submitted by Applicant’s counsel/representative (AMERICAN LEGION):

 “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 Review Board (NDRB or Board) the following informal comments; and/or issue(s).

Please inform this applicant that physical disability determinations do not fall under the Board’s purview and that it can be addressed by BCNR.

This former member was discharged with an Uncharacterized (Entry Level Separation) due to entry level performance and conduct as authorized by MARCORSEPMAN, Par. 6205.
Essentially, as noted on DD Form 293, this applicant is requesting that his characterization be upgraded to honorable. He gives on explanation. He is also requesting a basis change to medical because his poor performance was due to a knee injury. He has submitted 4 medical treatment records for consideration.

The SRB reflects that SNFM was treated for knee pain several times during his enlistment. Also diagnosed with adjustment disorder with depressed mood and post traumatic stress disorder due to childhood abuse. He was discharged for failure to adapt on 930914.

Following review of the official Marine Corps records, we opine that the issues raised on DD Form 293 amply advance this former member’s contentions and substantially reflect the probative facts needed for equitable review. Accordingly, we rest further comment on the evidence of record.
The American Legion’s express purpose in providing this statement, and any other submittals or opinions of record, is to aid the applicant in resolving any improprieties or inequities in the character and basis for discharge. Moreover, we rest assured that the Naval Discharge Review Board’s final decision will reflect sound equitable principles consistent in law, regulation, policy and discretion as promulgated by title 10 U.S.C., section 1553, and set forth in 32 C.F.R., part 724; SECNAVINST 5420.174C, enclosure (1).

This case is now respectfully submitted to the Board for deliberation and disposition.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Patient (Applicant) Record, Ortho Consult Left Knee, Dr. U_ R. P_, M.D. dtd Feb 4,1994
 Applicant’s Report of Medical Exam/Treatment dtd Feb 7, 1996
 Copy of DD Form 214 (Period 930721 – 930914)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                930126 - 930720  COG

 Period of Service Under Review :
Date of Enlistment: 930721               Date of Discharge: 930914

 Length of Service (years, months, days):

         Active: 00 01 24
         Inactive: None

 Age at Entry: 18                          Years Contracted: 6

 Education Level: 12                        AFQT: 87

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: None                 Conduct: None

 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/ Entry Level Performance and Conduct, authority: MARCORSEPMAN Par. 6205.

 Chronological Listing of Significant Service Events

930805:  Supervisory comments: An average recruit who is content with being part of the platoon. Has leadership potential but has to lead from the front vice the rear. Recruit is reminded to put forth 110% at all times.

930817:  Supervisory comments: Recruit counseled on being dropped to MRP.

930823:  Sports Medicine Clinic, Branch Medical Clinic, San Diego: Follow-up for chief compliant of both knee and ankle.
         Assessment: 1 – Ankle tenderness over lat. malleolus bilateral, 2 – no effusion, no edema bilateral, 3 – no calor, normal range of motion bilateral.
         Light duty status (MRP), return to clinic if not getting better. Continue meds.

930823:  Recruit Evaluation Supplemental: Recruit expressed suicide ideation while speaking with the 3 rd BN OOD at approx 1820 on this date. Recruit was sent to MHU at Balboa and returned with a recommendation for discharge. Recruit had stated that he was having suicidal thoughts.
930823:  Naval Hospital San Diego Emergency Dept (Psychiatry eval): 18 year old single while male, training day 16, sent for eval of suicide/depression, depression/adjustment disorder.
         Impression: Assessment of suicide risk is low.
         Diagnosis:
         AXIS I: Adjustment disorder with depressed mood.
         AXIS II: Deferred.
         AXIS III: Tendonitis by history.
         Recommendation: Pt is not fit for duty, entry level separation is recommended, go to Fleet Mental Health on next working day to begin processing for ELS, do not return pt to training company, send pt to medical holding/Battalion Routing until ELS is complete, pt deemed not suicidal or homicidal at this time and agrees to seek medical help if becomes so, and bring report to the attention of the CO/XO/Med Officer.
930824:  Sports Medicine Clinic, BMC, MCRD, San Diego: Follow-up for chief complaint of left knee pain. Symptom - No knee pain now.
         Assessment: Resolved knee pain NOS. Returned to full duty.
930824:  Mental Health Unit, San Diego, CA: Recruit says he has always been shy, sensitive to criticism and socially inhibited. He enlisted in the USMC under the DEP earlier this year hoping to feel better about himself and to make his parents proud. About 4 months ago he accidentally found documents about his early childhood abuse and subsequent adoption. He says he became depressed, kept to himself, lost his appetite and thought of suicide for several days. His parents reportedly encouraged him to get counseling but he declined. After arrival at MCRD he was initially homesick but then got busy with the routine of training and felt better. He developed knee and ankle pain that increased and led to him being transferred to MRP. He was placed on bed rest for 3 days and yesterday was seen in Sports Medicine and placed on light duty. Last evening he told the OOD that he was having suicidal thoughts and he was taken to the hospital and ELS recommended. Recruit states he had “time to think” in MRP and decided he doesn’t want to be here. He claims poor appetite and sleep and crying spells.
         Mental Exam: Recruit states he is unable to continue training. He denies any current plans or intent of harming himself or anyone else.
         Diagnosis:
         AXIS I: Adjustment disorder with depressed mood.
         AXIS II: Avoidant personality traits.
         AXIS III: Knee and ankle pain.
         Recommendation: Risk of self/other harm is considered low if recruit is dropped from training and process for discharge. Recruit educated concerning diagnosis and recommendations and expressed understanding.
930827:  Recruit Evaluation Supplemental: Recruit is being dropped to BN Team with a recommendation for an ELS discharge due to a S.I. Recruit has 45 tablets of Erythromycin and 48 tablet of Indomethacin.

930909:  Counseled for deficiencies in performance and conduct [inability to adapt to military environment]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930909:  Applicant notified of intended recommendation for entry level discharge (uncharacterized) by reason of entry level performance and conduct.

930909:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

930914:  GCMCA [MCRD/Western Recruiting Region, San Diego] directed the Applicant's discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930914 with an entry level separation (uncharacterized) due to entry level performance and conduct (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 was administratively separated due to entry level performance and conduct. The Applicant’s failure to adapt to recruit training was demonstrated by his documented suicide ideations and desire to quit recruit training. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. The Applicant’s leg injuries and medical treatment received did not mitigate his poor entry level performance and conduct sufficient to warrant a change to the narrative reason for separation. Relief denied.

By regulation, members discharged within the first 180 days of enlistment are given characterization of service as “uncharacterized” 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 two months in the military during the enlistment period under review 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 denied.

 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 P1900.16D, effective 890627), paragraph 6205, ENTRY LEVEL PERFORMANCE AND CONDUCT .

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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