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USMC | DRB | 2003_Marine | MD03-00809
Original file (MD03-00809.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD03-00809

Applicant’s Request
The application for discharge review was received on 20030401. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review. The Applicant designated the American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040415. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, an impropriety in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was four to one 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 stated

 No issues were submitted by the Applicant.

Issues submitted by Applicant’s representative (American Legion) :
“ 1. (Propriety Issue) This former member avers that an administrative error occurred during his separation processing that resulted in the incorrect assignment of an Uncharacterized discharge. In accordance with the MARCORSEPMAN, his due process notifications and based on the recommendations of his Commanding Officers, he proffers that recharacterization of his service period to honorable is warranted. ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Twelve pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                000613 - 010610  COG

 Period of Service Under Review :
Date of Enlistment: 010611               Date of Discharge: 020509

 Length of Service (years, months, days):

         Active: 00 10 29
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 63

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (2)              Conduct: 4.1 (2)

 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/CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

 Chronological Listing of Significant Service Events :

011023:  Counseled for deficiencies in performance and conduct. [Your diagnosed physical condition not a disability, (PFS left knee) and any resultant or aggravated condition which interferes with the effective performance of your duties.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
020204:  Medical evaluation by Naval Hospital, Camp Lejeune, NC diagnosed applicant with Left Patellofemoral Syndrome (DNEPTE). Applicant waived right to a physical evaluation board after counseling. Applicant is therefore recommended for administrative separation for Left Patellofemoral Syndrome.
020417:  Applicant notified of intended recommendation for honorable discharge by reason of convenience of the government for a physical condition not a disability. Notified that the lowest characterization possible was under honorable conditions (general).
020417:  Applicant advised of rights and having elected not to consult 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.

020418:  Commanding Officer recommended an honorable discharge by reason of convenience of the government for a condition not a physical or mental disability. The factual basis for this recommendation was your physical condition (Left Patellofemoral Syndrome) which is so severe that your ability to function effectively in the military environment is significantly impaired.

020507:  GCMCA [Commanding General, Marine Corps Base, Camp Lejeune, NC] directed the Applicant's uncharacterized discharge by reason of physical condition not a disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020509 with an entry level separation (uncharacterized) 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. The Applicant served more than 180 days on active duty prior to his notification of pending administrative separation. Therefore, the Applicant’s uncharacterized discharge 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. Applicant’s performance and behavior marks were above the standard required for an honorable discharge and there was no adverse information that would have warranted a less favorable characterization. Relief is granted.

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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