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NAVY | DRB | 2004 Marine | MD04-00299
Original file (MD04-00299.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD04-00299

Applicant’s Request
The application for discharge review was received on 20031202. 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 “convenience of the government”. The Applicant requests a documentary record review. The Applicant did not designate a representative on his 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: GENERAL (UNDER HONORABLE CONDITIONS)/CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated
Applicant’s issues, as stated on the application:
Issue 1: “I feel that my General Discharge is unjust as I did nothing wrong during my service time in order not to get a fully Honorable Discharge.

 My medical problem was incurred in the service that kept myself out of the Service .”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None                       HON
         Inactive: USMCR (J)               990721 - 990919  COG
Period of Service Under Review :
Date of Enlistment: 990920               Date of Discharge: 000615

 Length of Service (years, months, days):
         Active: 00 08 26
         Inactive: None
Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 38
Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.2 (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):

GENERAL (UNDER HONORABLE CONDITIONS)/ CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

 Chronological Listing of Significant Service Events :

000228:  Counseled for deficiencies in performance and conduct. [Not recommended for promotion to PFC due to lack of leadership.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000229:  Counseled for deficiencies in performance and conduct. [Violation of Art 128, Assaulted another Marine.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000229:  NJP for violation of UCMJ, Article 128: … SNM assaulted Pvt F_ w/a crutch.
 Awd forf of $234.00 per month for 1 month and 14 days restriction and extra duties. Not appealed.
000315:  S.M.A.R.T Center, Sports Medicine and Reconditioning Therapy, Injury Report SF 600 : “This patient is a treatment failure. No further treatment options are available at this time. Member is to return to full duty. If member is unable to train and returns for same condition, member is recommended for administrative separation for the good of the USMC.”
000420:  Counseled for deficiencies in performance and conduct. [Diagnosed with Piriformis Syndrome that hinders (applicant’s) ability to train.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000515:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of convenience of the government for a physical condition not a disability.
000515:  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.
000519:  Commanding officer recommended discharge with a general (under honorable conditions) by reason of convenience of the government for a physical condition not a disability. The factual basis for this recommendation was “numerous medical complaints regarding his piriformis syndrome, (Applicant) was re-evaluated by medical authorities. They concluded (the Applicant) was a treatment failure due to his unsuccessful rehabilitation. Accordingly, they recommended administrative separation.”

000531:  GCMCA [Commanding General, Marine Corps Base, Camp Pendleton, CA.] directed the Applicant's discharge with a general (under honorable conditions) by reason of physical condition not a disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000615 with a general (under honorable conditions) by reason of convenience of the government due to condition not a physical 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).
Issue 1: The record does not support the Applicant’s assertion that his overall service record warrants an honorable discharge. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable. A service characterization of general (under honorable conditions) is warranted when significant negative aspects of a member's conduct outweigh the positive aspects of the member's military record. T he Applicant’s service was marred by a medical treatment failure, three adverse counseling entries and the award of nonjudicial punishment (NJP) on one occasion. The Applicant’s conduct, which forms the primary basis for determining service characterization, reflects his failure to conform to the requirements necessary for successful military service. An upgrade to honorable would be inappropriate. It must be noted that most Marines serve honorably and well and therefore earn honorable discharges. While the NDRB respects the fact the Applicant tried, his service is equitably characterized. Relief is not warranted.

The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, will change the reason for discharge if such a change is warranted. The summary of service clearly documents that a medical condition, not a physical disability, was the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the he was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief denied.

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, effective 18 Aug 95 until 31 Aug 2001), 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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