Search Decisions

Decision Text

USMC | DRB | 2003_Marine | MD03-00457
Original file (MD03-00457.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD03-00457

Applicant’s Request
The application for discharge review was received on 20030124. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293. Subsequent to the application, the Applicant obtained representative by the American Legion.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040212. 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: GENERAL (UNDER HONORABLE CONDITIONS)/DISABILITY, EXISTED PRIOR TO SERVICE, authority: MARCORSEPMAN Par. 8404.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “AS FAR AS I AM CONCERNED I DID NOTHING DURING MY TERM OF SERVICE TO HAVE RECEIVED A GENERAL UNDER HONORALBE CONDITIONS DISCHARGE. I SERVED MY COUNTRY HONORABLY AND FAITHFULLY AND DID EVERYTHING I WAS TOLD TO DO. I WAS RELEASED FROM SERVICE BECAUSE OF A MEDICAL CONDITION. I WAS NOT TOLD THAT I WAS TO RECEIVE ANYTHING BUT AN HONORABLE DISCHARGE. I THOUGHT MY DISCHARGE WOULD BE HONORABLE. I DO NOT DESERVE ANTHING ELSE. PLEASE CHANGE MY DISCHARGE TO “HONORABLE.”

Applicant indicated additional issues as an attachment to this application. None were found.

Applicant also indicated previous submission of an application on 8/15/02 and was completing this application in order to submit additional issues. Earlier application is not on file with this Board.

2. (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of the application. ”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
3 Copies of DD Form 214 (Member – 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                010210 - 010326  COG

 Period of Service Under Review :
Date of Enlistment: 010327               Date of Discharge: 020814

 Length of Service (years, months, days):

         Active: 01 04 18
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

Education Level: 12                        AFQT: 34

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                          Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Sharpshooter Badge, NDSM, OSR

 Days of Unauthorized Absence: None

*No Marks Found in service record book

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/DISABILITY, EXISTED PRIOR TO SERVICE, authority: MARCORSEPMAN Par. 8404.

 Chronological Listing of Significant Service Events :

020227:  Medical Board, U.S. NAVHOSP, Okinawa, conducted evaluation with Primary Diagnosis of Generalized Epilepsy. Referred the medical board to the Physical Evaluation Board for determination.
020516:  Physical Evaluation Board (PEB) determined Applicant unfit for service due to diagnosis of Generalized Epilepsy with a disability rating of 0% and recommended separation from active duty without benefits.
020712:  Applicant accepted the finding of the PEB and waived right to a formal hearing.

020814:  DD Form 214 issued reflecting discharge with a General (Under Honorable Conditions) by reason of disability, existed prior to service.
Discharge package is missing from the service record

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020814 under honorable conditions (general) due to disability, existed prior to service, not eligible for severance pay (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. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable. A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. It must be noted that most Marines serve honorably and well and therefore earn honorable discharges. In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due.
 The Board presumed that the Applicant’s administrative separation package and/or proficiency and conduct markings would support the characterization of service under honorable conditions (general). The statements and documentation provided by the Applicant do not refute the presumption of regularity in this case. Relief denied.

Issue 2. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. Relief not warranted.

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) paragraph 8404 DISCHARGE FOR DISABILITY EXISTING PRIOR TO SERVICE .

 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 | 2002_Marine | MD02-00375

    Original file (MD02-00375.rtf) Auto-classification: Denied

    MD02-00375 Applicant’s Request The application for discharge review, received 020211, requested that the characterization of service on the discharge be changed to honorable. Recommendation: Discharge, Enlisted in Error. 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.

  • USMC | DRB | 2000_Marine | MD00-00294

    Original file (MD00-00294.rtf) Auto-classification: Denied

    Documentation Only the applicant's service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider. PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 900822 - 910324 COG Period of Service Under Review :Date of Enlistment: 910325 Date of Discharge: 911219 Length of Service (years, months, days): Active: 00 08 25 {Does not exclude lost time) Inactive: None...

  • USMC | DRB | 2003_Marine | MD03-00924

    Original file (MD03-00924.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Issues, as stated Applicant’s issues, as stated on the application:1. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Character reference, dated February 4, 2003 Character reference, dated April 1, 2003 Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of...

  • NAVY | DRB | 2004 Marine | MD04-00259

    Original file (MD04-00259.rtf) Auto-classification: Denied

    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 “Service Connected Disability.” The Applicant requests a documentary record discharge review. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19910919 with an uncharacterized service due to disability, existed prior to service established by a medical board (A). The summary...

  • USMC | DRB | 1999_Marine | MD99-00877

    Original file (MD99-00877.rtf) Auto-classification: Denied

    900115: Medical Board recommended applicant be discharged due to physical disability, existing prior to entry. st Force Service Support Group reviewed and approved the Medical Board recommendation to discharge application by reason of physical disability due to foot type, bilaterally and directed the applicant's discharge with a general under honorable conditions with a separation code of JFM1, reenlistment code of RE-3P, authority MARCORSEPMAN Par 8404. PART III – RATIONALE FOR DECISION...

  • USMC | DRB | 2002_Marine | MD02-00297

    Original file (MD02-00297.rtf) Auto-classification: Denied

    MD02-00297 Applicant’s Request The application for discharge review, received 020123, requested that the characterization of service on the discharge be changed to honorable. After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to support the contentions as set forth by the applicant, in his request that he be given the...

  • NAVY | DRB | 2000_Navy | ND00-00139

    Original file (ND00-00139.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 981209 General (under Honorable conditions) for misconduct due to Drug abuse (Use) (A). 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 determined this issue is without merit. PART IV - INFORMATION FOR THE APPLICANT If...

  • NAVY | DRB | 2002_Navy | ND02-01161

    Original file (ND02-01161.rtf) Auto-classification: Denied

    ND02-01161 Applicant ’s Request The application for discharge review, received 020814, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:None PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 981208 - 990119 COG Active: None Period of Service Under Review...

  • NAVY | DRB | 2003_Navy | ND03-01226

    Original file (ND03-01226.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

  • USMC | DRB | 2003_Marine | MD03-01062

    Original file (MD03-01062.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. (SEE ENCLOSED MEPS PHYSICAL) I enlisted in good faith to serve my country proud.I was discharged for a Medical Condition Not for for Entry Level Performance and Conduct, As you know my medical condition was the reason I could not perform Physical Training as required by Military Basic Training Regulations. 020906: Medical Disposition Officer: Applicant qualified for...