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USMC | DRB | 2003_Marine | MD03-00180
Original file (MD03-00180.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD03-00180

Applicant’s Request
The application for discharge review, received 20021106, 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 20031017. 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. 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. While on active duty in the United States Marine Corps, I was diagnosed with bilateral PFS. This condition has affected my ability to do any prolonged standing. I am wishing to be seen by a doctor in order to somehow fix my knees. I have not been able to get any kind of military benefits that would help fix the knee problems I was diagnosed with while in the Marine Corps. I had no previous symptoms of PFS before the Marine Corps. I was told that in order to have anything done about my knees, I would need to upgrade my discharge.”

 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)               000823 - 010521  COG

 Period of Service Under Review :
Date of Enlistment: 010522               Date of Discharge: 011129

 Length of Service (years, months, days):

         Active: 00 06 08
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 47

 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 :

010905:  Medical evaluation by Naval Hospital, Camp Lejeune. Symptom – right knee pain/right shin pain for two months. Right knee pain since 9 th grade due to baseball. He had to quit playing due to the pain. Unable to train, claims he doesn’t want out of the Service.
Assessment: PFS/shin splint.
Plan: Motrin – return medical. Limited duty for 30 days.

010919:  Medical evaluation by Naval Hospital, Camp Lejeune. Follow-up patella femoral syndrome (PFS)/shin splints. Have resolved, now wants to go home! Declined further workshop or treatment. Waived his rights to a PEB.
         Assessment: PFS both knees
         Plan: Admin separation

010920:  Applicant signed a waiver of his rights to a Physical Evaluation Board and further acknowledged that by waiving his rights he would not be held on active duty in order to complete treatment and/or testing for the condition (he was) being separated for once separation is approved.

011026:  Separation physical exam noted diagnosis of patella femoral syndrome (PFS) in both knees.
011129:  DD Form 214 issued indicating character of service as “Uncharacterized,” Reason for separation as “Condition Not a Disability,” and the authority as “MARCORSEPMAN PAR 6203.2.”

 [ADMIN SEPARATION PROCESSING PACKAGE NOT CONTAIN IN SERVICE RECORD BOOK.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 2001129 with an “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 proper and equitable (C and D).

In the Applicant’s issue 1, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities or obtaining post-service medical benefits as requested in the issue. The Board’s regulations limit its review to a determination on the propriety and equity of the discharge. In the Applicant’s case the Board discovered no impropriety or inequity and therefore considered the Applicant’s discharge as proper and equitable. The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board (NDRB). There is no requirement or law that grants recharacterization solely on the issue of obtaining Veteran’s benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. The board disagrees with the applicant’s assertion “(he) had no previous symptoms of PFS (patella femoral syndrome) before the Marine Corps.” It is a matter of record, even though this condition was not mentioned on his initial enlistment physical, the Applicant “had knee pain since the 9 th grade,” which was so severe that he had to quit baseball “due to the pain.” Additionally, the Applicant waived his rights to a Physical Evaluation Board (PEB) with a full understanding that he would “not receive disability for this condition.” Even though “(the) shin splints (had) resolved,” the Applicant waived his rights to a PEB because he “want(ed) to go home!” Relief is therefore denied.

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

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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