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USMC | DRB | 2003_Marine | MD03-01489
Original file (MD03-01489.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD03-01489

Applicant’s Request
The application for discharge review was received on 20030909. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the narrative reason changed to disability. The Applicant requests a documentary record review. The Applicant listed the Cumberland County Veterans Service Office as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040617. 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 and narrative reason of the 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. “Block 24 Should read Honorable instead of uncharacterized and Block 28 Should read disability instead of Performance and conduct.”
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):
         Active: None
         Inactive: USMCR(J)                021017 - 021103  COG

 Period of Service Under Review :
Date of Enlistment: 021104               Date of Discharge: 030313

 Length of Service (years, months, days):

         Active: 00 04 10
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 35

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks): 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 :

030304:  Medical Dispositions Officer recommended administrative separation due to bilateral tibial stress fracture that rendered Applicant medically incapable to complete training.

030306:  Applicant counseled on his drop from training to Recruit Separations Platoon due to his bilateral tibial stress fracture.
030306:  Applicant notified of intended recommendation for entry level discharge (uncharacterized) by reason of entry level performance and conduct.
030306:          Applicant advised of his 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.
030306:  Commanding Officer recommended entry level separation by reason of entry level performance and conduct. The factual basis for this recommendation was incapability due to medical/bilateral tibial stress fracture.

 Partial Discharge Package

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030313 with an entry level separation (uncharacterized) due to entry level performance and conduct (A). In the absence of a discharge package, the Board presumed regularity in the conduct of governmental affairs (B) and, after a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (C and D).

Issue 1. 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 five months in the military 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’s medical condition rendered him incapable of performing his duties as a recruit. He was therefore processed for administrative separation due to entry level performance and conduct. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Relief to the narrative reason for separation is denied.

The Applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. 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. The Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 950818), 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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