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NAVY | DRB | 2004 Marine | MD04-01028
Original file (MD04-01028.rtf) Auto-classification: Denied


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


ex-PVT, USMC
Docket No. MD04-01028

Applicant’s Request
The application for discharge review was received on 20040607. The Applicant requested the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to “DISABILITY.” 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 20041022. 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 the discharge shall not change. The discharge shall remain: UNCHARACTERIZED/CONDITION NOT A 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. “WHEN I ENLISTED IN THE MARINE CORPS, I WAS TOLD THAT MY CONDITION WOULD NOT STOP ME FROM ENLISTING. I WAS THEN SEVERLY INJURED AND IT HAS STILL NOT HEALED AND I HAVE TO HAVE SURGERY TO CORRECT IT. I WAS TOLD I WAS BEING DISCHARGED FOR MEDICAL REASONS. I WISH TO HAVE THE DISCHARGE CHANGED TO HONORABLE AND THE REASON FOR SEPARATION CHANGED TO DISABILITYU AND THE RE CODE CHANGED TO RE-1. I HAVE BEEN TOLD BY THE RECRUITERS THAT IF I HAVE THE SURGERY AND GET THE DISCHARGE CHANGED, I CAN RE-ENLIST .”
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)               010716 - 020624  COG

 Period of Service Under Review :
Date of Enlistment: 020625               Date of Discharge: 030117

 Length of Service (years, months, days):
         Active: 00 06 23
         Inactive: None
Age at Entry: 18                          Years Contracted: 5

 Education Level: 12                        AFQT: 63
Highest Rank: PVT                          MOS: 9971, Basic Marine

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (1)              Conduct: 4.2 (1)
Military Decorations: None

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

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

UNCHARACTERIZED/CONDITION NOT A DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

 Chronological Listing of Significant Service Events :

021024:  Counseled for deficiencies in performance and conduct. [Physical condition (EPTE pectus carinatum) which interferes with participation in rigorous exercise, conditioning hikes, and field duty.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

021126:  Medical evaluation diagnosed the Applicant with EPTE Pectus Carinatum. “This has caused continued pain with USMC activities and duty limitations. He has been evaluated and treated at SMART Center, Physical Therapy and Branch Medical Clinic. This condition has caused continued pain and difficulty with USMC activities. At this point we have exhausted conservative care. Further training may continue to cause symptoms of pain and possible injury and disability. … is recommended for administrative separation. ”

021212:  Applicant notified of intended recommendation for separation from the service with an uncharacterized discharge by reason of convenience of the government for a condition not a disability.

021212:  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.
021212:  Commanding Officer recommended separation from the service with an uncharacterized discharge by reason of convenience of the government for a condition not a disability. The factual basis for this recommendation was the Applicant’s “numerous medical complaints and prolonged periods of light duty regarding his Pectus Carinatum, (the Applicant), was reevaluated by medical authorities on 26 November 2002 and diagnosed as a treatment failure.”
030106:  GCMCA [Commanding General, Marine Corps Base, Camp Pendleton] directed the Applicant's separation from the service with an uncharacterized discharge by reason of condition not a disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was separated from the service on 20030117 with an uncharacterized discharge by reason of convenience of the government due to condition not a 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: By regulation, members notified of discharge proceedings within the first 180 days of enlistment are given service characterization of “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 7 months of military service to warrant a discharge change to “honorable.” Relief denied.

 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 the Applicant’s pre-service medical condition and subsequent treatment failure, which interfered with his ability to train and carry out his responsibilities as a United States Marine, was the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why he was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief denied.

The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, civilian employment, educational pursuits, etc., an uncharacterized separation shall be considered the equivalent of an honorable or general (under honorable conditions) discharge.
Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. T his issue does not serve to provide a foundation upon which the Board can grant relief.
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 additional documentation to support any claims of post-service accomplishments 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, effective
01 September 2001 and Present), 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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