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NAVY | DRB | 2004 Marine | MD04-01207
Original file (MD04-01207.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD04-01207


Applicant’s Request
The application for discharge review was received on 20040719. The Applicant requests the reason for the discharge be changed to medical. 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 20041229. 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 narrative reason 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 RE Code & Separation Code contradict each other.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Two pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                991105 - 991107  COG

 Period of Service Under Review :
Date of Enlistment: 991108               Date of Discharge: 991215

 Length of Service (years, months, days):

         Active: 00 01 08
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 35

 Highest Rank: Pvt                          MOS: 9900

 Final Enlisted Performance Evaluation Averages (number of marks):

 None
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 :

991117:  Medical evaluation by BMC, PISC diagnosed Applicant with renal colic/recurrent UTI/nephrolithiasis. Recommended administrative separation due to medical incapability.

991123:  Applicant notified of intended recommendation for an uncharacterized discharge by reason of entry level performance and conduct due to incapability from renal colic/recurrent UTI/nephrolithiasis.
991123:  Applicant advised of 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.
991210:  Commanding Officer recommended an uncharacterized discharge by reason of entry level performance and conduct due to incapability. The factual basis for this recommendation was the Applicant’s medical diagnosis.

991210:  GCMCA [CG, MCRD/ERR, PISC] directed the Applicant's uncharacterized discharge by reason of entry level performance and conduct.

040712:  Board for Correction of Naval Records (BCNR) directed that the Applicant’s narrative reason for separation be changed to condition, not a disability with a separation code of JFV1 per MARCORSEPMAN 6203.2.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19991215 with an entry level separation by reason of entry level performance and conduct. The Board for Correction of Naval Records (BCNR) subsequently directed that the Applicant’s narrative reason for separation be changed to convenience of the government due to a 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, as corrected by BCNR, was proper and equitable (C and D).

Issue 1. The Applicant was diagnosed with a medical condition that made her incapable of further training as a Marine. The Applicant’s narrative reason for separation and separation code, as corrected by BCNR on 20040712, equitably and properly describes the basis for her discharge. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation.
Relief denied.

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.

The Applicant is reminded that she remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of her 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 5420.174D of 20 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174D of 20 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety . .

D. Secretary of the Navy Instruction 5420.174D of 20 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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 “ http://Boards.law.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:

                  Secretary of the Navy    Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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