Search Decisions

Decision Text

NAVY | DRB | 2004 Marine | MD04-00680
Original file (MD04-00680.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD04-00680

Applicant’s Request
The application for discharge review was received on 20040317. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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 20041015. After a thorough review of the available 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 of the discharge shall not change. The discharge shall remain: UNCHARACTERIZED/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:

 1. “My discharge was inequitable because it does not state that my service was honorable nor does it say why it was not.”
2. “My request is that my uncharacterized characterization be changed to honorable because there is no evidence of my enlistment being anything other than honorable. My medical records will show that prior to enlistment my physical condition was prime and prior to discharge it was less than acceptable for Marine Corps standards, which is why I was discharged (because of service connected disabilities) I now receive 20% compensation.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Department of Veterans Affairs Letter dated 030627, 2 pages
Applicant’s statement written at Naval Hospital Camp Lejeune, 2 pages
12 pages from Applicant’s medical record
 Applicant’s DD Form 214, 2 copies

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                001011 - 001112  COG

 Period of Service Under Review :
Date of Enlistment: 001113               Date of Discharge: 010808

 Length of Service (years, months, days):

         Active: 00 08 27
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 64

 Highest Rank: PFC                          MOS: 9900

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF                  Conduct: NMF*

*No marks found

 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 :

010130:  SF 600 entry: Diagnosed ankle sprain.

010306:  Counseled concerning following deficiency: Diagnosed physical condition not a disability, cellulites and any resultant aggravated condition which interferes with the effective performance of your duties.

010312:  SF 600 entry: Diagnosed soft tissue injury.

010404:  SF 600 entry: Diagnosed 1st degree ankle sprain.
010411:  Counseled concerning following deficiency: Diagnosed physical condition not a disability, right foot injury and any resultant aggravated condition which interferes with the effective performance of your duties.

010419:  SF 600 entry: Diagnosed 1st degree ankle sprain (mild), bunions. Podiatry referral.

010425:  SF 600 entry: Diagnosed bunion, mild cavas foot, skew foot, inversion sprains. Advise admin sep. EPTE foot type. Longstanding pain interferes with standard training activities.

010516:  Ltr from Naval Sports Medicine and Podiatry Clinic, Camp Geiger indicates administrative separation pending.

*Applicant’s discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010808 with an uncharacterized discharge due to a condition not a disability (A). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this, the Board found that the discharge was proper and equitable (B and C). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issues 1-2. By regulation, members notified of administrative separation proceedings 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. The Applicant was advised on April 25, 2001 (within the first 180 days of enlistment) of the pending administrative discharge. The Applicant’s service record did not contain any unusual circumstances during her less than nine months in the military to warrant a change of discharge to "honorable."

The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.

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. 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 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.



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      




Similar Decisions

  • USMC | DRB | 2002_Marine | MD02-00864

    Original file (MD02-00864.rtf) Auto-classification: Denied

    MD02-00864 Applicant’s Request The application for discharge review, received 020603, requested that the characterization of service on the discharge be changed to honorable. 000919: Orthopedic Clinic, Naval Hospital Camp Lejeune, NC: medical evaluation of ankle sprain. The Applicant's Commanding Officer, therefore, was required to issue an uncharacterized discharge unless the Applicant's service record indicated unusual meritorious personal conduct or performance of military duty.

  • USMC | DRB | 2000_Marine | MD00-00191

    Original file (MD00-00191.rtf) Auto-classification: Denied

    Recommend member be administratively separated for reason of "Physical Condition Not Disability".990125: Counseled for deficiencies having been diagnosed by competent medical authority as having pre-existing bilateral tailor's bunions, this condition prevents you from completing the training required to continue on active duty. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 990205 with an uncharacterized service by reason of...

  • USMC | DRB | 2002_Marine | MD02-01005

    Original file (MD02-01005.rtf) Auto-classification: Denied

    000814: Radiologic Exam Report (Bone Scan): 18 year old private active duty Marine with pain to left ankle and heel without resolution in three weeks. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 000912 with an entry level separation (uncharacterized) by reason defective enlistment and induction due to erroneous entry (A). By regulation [A], members discharged within the first 180 days of enlistment are given characterization of...

  • NAVY | DRB | 2000_Navy | ND00-00155

    Original file (ND00-00155.rtf) Auto-classification: Denied

    The applicant requested a documentary record discharge review. 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).In the applicant’s issue 1, the Board found that the applicant only admitted to foot problems (les planus) on his Report of Medical Examination upon entry into the service. In the applicant’s issue 2, the applicant states “my discharge did not match,...

  • USMC | DRB | 1999_Marine | MD99-00442

    Original file (MD99-00442.rtf) Auto-classification: Denied

    MD99-00442 Applicant’s Request The application for discharge review, received 990203, requested that the characterization of service on the discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 931012: Medical Department: Weight 200.

  • NAVY | DRB | 1999_Navy | ND99-00066

    Original file (ND99-00066.rtf) Auto-classification: Denied

    code on my discharge papers changed to an R.E.-3 so that I may go back in Please consider me for re-enlistment into the U.S. Navy by changing the R.E. 971217: Branch Medical Clinic, Great Lakes evaluation (podiatry): Diagnosis - Pes Planus with symptoms, entry level medical separation for EPTE condition. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge and the reason for discharge was proper and...

  • USMC | DRB | 2002_Marine | MD02-01147

    Original file (MD02-01147.rtf) Auto-classification: Denied

    MD02-01147 Applicant’s Request The application for discharge review, received 020805, requested that the characterization of service on the discharge be changed to general/under honorable conditions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was administratively separated on 011004 with an uncharacterized discharge by reason of convenience of the government due to a condition not a physical or mental disability (A). By regulation, members...

  • AF | PDBR | CY2009 | PD2009-00592

    Original file (PD2009-00592.docx) Auto-classification: Denied

    The CI was referred to the Physical Evaluation Board (PEB), determined unfit for the Sinus Tarsi Syndrome condition, and separated at 10% disability using the Veterans Affairs Schedule for Rating Disabilities (VASRD) and applicable Naval and Department of Defense regulations. The CI was separated on 20020814 for Sinus Tarsi Syndrome with chronic bilateral foot and ankle pain rated analogously as code 5279, Metatarsalgia, anterior, (Morton’s Disease), unilateral or bilateral, which assigns...

  • USMC | DRB | 2003_Marine | MD03-00180

    Original file (MD03-00180.rtf) Auto-classification: Denied

    I was told that in order to have anything done about my knees, I would need to upgrade my discharge.” 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: None Inactive: USMCR (J) 000823 - 010521 COG Period of Service Under Review :Date of Enlistment: 010522 Date of Discharge: 011129 Length of...

  • USMC | DRB | 2002_Marine | MD02-00570

    Original file (MD02-00570.rtf) Auto-classification: Denied

    MD02-00570 Applicant’s Request The application for discharge review, received 020311, requested that the characterization of service on the discharge be changed to honorable. Request that this injustice be corrected by upgrading (Applicant) discharge from General Discharge (under Honorable Conditions) to an Honorable Discharge (under Honorable Conditions). Light duty for 2 days.991122: Branch Medical Clinic: A: Resolving left ankle sprain.