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USMC | DRB | 2003_Marine | MD03-01503
Original file (MD03-01503.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD03-01503

Applicant’s Request
The application for discharge review was received on 20030917. 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 “ for convience of the Govt. ” The Applicant requests a documentary record 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 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 reason for discharge, as directed by the GCMCA, shall not change. The discharge shall remain, when corrected: 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.


Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD 214
Applicant’s Letter dated 5 Sep 2003
VA letter dated 24 Apr 2003
Letter from Battalion Surgeon dated 14 Nov 2002

The Applicant indicated in his letter date 5 Sep 2003 that he enclosed a copy of a letter from the CG, 2d MarDiv, but none was found.
The Applicant indicated on DD 293 that he was enclosing a letter from his Commanding Officer, but none was found.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                990925 - 000807  COG

 Period of Service Under Review :
Date of Enlistment: 000808               Date of Discharge: 030306

 Length of Service (years, months, days):

         Active: 02 06 29
         Inactive: None

 Age at Entry: 18                          Years Contracted: 5

 Education Level: 12                        AFQT: 78

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (4)              Conduct: 4.5 (4)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :
021114:  Counseled for deficiencies. [Patellar Femoral Pain Syndrome] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.


021114:  Battalion Surgeon recommends administrative separation for Patellar Femoral Pain Syndrome.
030106:  Applicant notified of intended recommendation for discharge with an Honorable characterization by reason of convenience of the government for a physical condition not a disability.
030106:  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.
030122:  Commanding officer recommended discharge by reason of convenience of the government for a condition no a physical or mental disability. The factual basis for this recommendation was his Patellar Femoral Pain Syndrome.

030207:  Division Surgeon recommends administrative separation for Patellar Femoral Pain Syndrome.

030221:  GCMCA [CG, 2d MARDIV] directed the Applicant's discharge
with an Honorable characterization by reason of physical condition not a disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was honorably discharged on 20030306 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).
The Applicant introduced no decisional issues for consideration by the Board.

The Board noted an administrative error on the Applicant ’ s DD Form 214 and the Commandant, Headquarters U.S. Marine Corps, Quantico, VA, has been notified to correct the characterization of service to reflect “ Honorable. ”

The applicant requested that the reason for his discharge be changed to “convience of Govt”. The NDRB, under its responsibility to examine the propriety and equity of a discharge, will change the reason for discharge if such a change is warranted. The service record clearly documents the Applicant’s discharge was by reason of Physical Condition Not a Disability . No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Narrative Reason for Separation would be inappropriate. The Applicant should be aware, however, that the Marine Corps Separation and Retirement Manual, MCO P1900.16, lists “Physical Condition Not a Disability” as a type of “Convenience of the Government” separation. Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. 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, 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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