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NAVY | DRB | 2004 Marine | MD04-00259
Original file (MD04-00259.rtf) Auto-classification: Denied


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


ex-Pvt, USMC
Docket No. MD04-00259

Applicant’s Request
The application for discharge review was received on 20031120. 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. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040812. 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 shall not change. The discharge shall remain: UNCHARACTERIZED/DISABILITY, EXISTED PRIOR TO SERVICE, MED BD, authority: MARCORSEPMAN Par. 8404.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated

 Applicant’s issues, as stated on the application:

1“Discharge improper, due to physical examinations through the Dept. of Veterans affairs found service connection disability through VA medical examination which was not established with compensation and would appreciate DD-214 to reflect his decision. Had the service connection been established prior to serration, discharge papers would have reflected this decision anyway. I am requesting this review as a correction to an improper characterization of service. Also narrative reasons for this discharge should show service conceivability.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Dept. of Veterans Affairs Rating Decision dtd Apr 20, 1993

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                900713 - 910709  COG
Period of Service Under Review :
Date of Enlistment: 910710               Date of Discharge: 910919

 Length of Service (years, months, days):
         Active: 00 02 10
          Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 49

 Highest Rank: Pvt
Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                 Conduct: NMF*
Military Decorations: None

 Unit/Campaign/Service Awards: None
Days of Unauthorized Absence: None

 *No Marks Found in Service Record Book.
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED/DISABILITY, EXISTED PRIOR TO SERVICE, authority: MARCORSEPMAN Par. 8404.
Chronological Listing of Significant Service Events :
910916:  Medical Board: Diagnosis: 72664 Bilateral Patellar Tendonitis.
                   Disposition: Discharge, Enlisted in error.
                   Convening Authority Action: Approved Board’s finding.
910916:  Applicant accepted the findings of the Medical Board and elected not to make a statement.
910916:  CO, Naval Hospital, San Diego, advised CG, MCRD, San Diego, CA of Applicant’s medical history revealed a prior history of recurrent episodes of bilateral knee pain associated with increased activity prior to his arrival at Marine Corps Recruit Depot.
         Physical exam by CDR J.G. A_, MC, revealed 18 year old Caucasian male with tenderness of the patella tendons bilaterally. All other exams were non-contributory. It is the opinion of the Medical Board that the member does not meet the standards for enlistment. Opinion of the Board that Pvt S_ (Applicant) has returned to a physical status equal to that which existed at the time of enlistment. Member appeared in person and was informed of the findings and recommendations of the board and does not wish to submit a statement of rebuttal.
910919:  GCMCA [CG, MCRD/WRR San Diego] advised the CMC of Applicant's discharge on 19 September 1991 by reason of a disability which existed prior to entry and a characterization of discharge as uncharacterized.

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 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. By regulation, members discharged within the first 180 days of enlistment are given characterization of service "Uncharacterized" or entry-level separation unless there were unusual circumstances regarding performance or conduct, which would merit an "honorable" characterization. Applicant's service record did not contain any unusual circumstances during his less than three months in the military to warrant a change of discharge to "honorable." Relief denied.

The summary of service clearly documents that a disability that existed prior to service was the reason the applicant was discharged. Qualified medical authority identified the Applicant’s condition existed prior to entry into service and identified a prior history of recurrent episodes of bilateral knee pain prior to arrival at MCRD San Diego. No other Narrative Reason for Separation more clearly describes why the applicant was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief based on this issue is not warranted.

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 P1900.16F) paragraph 8404, effective 01 September 2001 until Present, 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      


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