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USMC | DRB | 2005_Marine | MD0500104
Original file (MD0500104.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD05-00104

Applicant’s Request
The application for discharge review was received on 20041015. 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 listed Veterans of Foreign Wars as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050304. 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 considered by the NDRB. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNCHARACTERIZED/ Physical disability, with entitlement to severance pay, severance pay not paid, less than 6 months active duty , authority: MARCORSEPMAN Par. 8401.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “I WAS DISCHARGED BECAUSE I HAD A CALANNEAL STRESS FRACTURE OF MY LEFT FOOT AND I DIDN’T REALISE WHAT THAT MENT WHEN I GOT OUT. I DO DRAW 10% SERVICE CONECTION AND THAT IS A PROBLEM WITH SOME OF THE JOBS I HAVE HAD. I WOULD FEEL BETTER, IF IT READ, HONORABLE. IT WOULD SAVE A LOT OF CONFUSING”

Additional issues submitted by Applicant’s counsel/representative (VETERANS OF FOREIGN WARS):

 2. “ Propriety or Equity Issue(s): The applicant is a disabled veteran who was injured in service. His ‘uncharacterized’ separation hampers his ability to procure gainful employment post-service, and should be upgraded to Honorable.
Statement: In accordance with 32 CFR § 724, and SECNAVINST 5420.174D, the Veterans of Foreign Wars submits to the Naval Discharge Review Board (NDRB) the above issue and following statement in supplement to the Applicant’s petition.

The applicant is a disabled veteran whose left foot was injured during training. He received an uncharacterized discharge, as his injury occurred during the first 180 days of his enlistment. He asks that his discharge be upgraded to Honorable, as the uncharacterized discharge and the service incurred disability are hampering his ability to procure gainful employment.

The Veterans of Foreign Wars’ express purpose in providing this statement and any other submittals or evidence filed is to assist this applicant in the clarification and resolution of the impropriety or inequity raised. To that end, we rest assured that the NDRB’s final decision will reflect sound equitable principles consistent in law, regulation, policy and discretion as promulgated by title 10 USC § 1553, and set forth in 32 CFR § 724 and SECNAVINST 5420.174D.

This case is now respectfully submitted for deliberation and disposition. ”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Applicant’s DD Form 149 dtd 040609
VA Form 20-8993 dtd 911023
VA Form 21-4138 dtd 040609
VA Form 20-8993 dtd 940128
Certificate of live birth of K_ M_ P_
Applicant’s marriage certificate
Ltr from Dept of the Navy dtd 930928
Ltr from State of TN dtd 931019



PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                901114 - 910113  COG

 Period of Service Under Review :
Date of Enlistment: 910114               Date of Discharge: 910607

 Length of Service (years, months, days):

         Active: 00 04 24
         Inactive: None

 Age at Entry: 25                          Years Contracted: 4

Education Level: 14                        AFQT: 82

 Highest Rank: PFC                          MOS: 9900

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                          Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

*No marks found in service record

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

UNCHARACTERIZED/ Physical disability, with entitlement to severance pay, severance pay not paid, less than 6 months active duty , authority: MARCORSEPMAN Par. 8401.

 Chronological Listing of Significant Service Events :

910409:  Medical Officer, Medical Boards Section, Branch Medical Clinic Parris Island, SC recommended the Applicant be transferred to Casual/PEB.

910415:  A medical board at Naval Hospital Beaufort diagnosed the Applicant as having a calcaneal stress fracture, left foot and recommended the case be referred to the Physical Evaluation Board.

910503:  Department of the Navy Physical Evaluation Board found the member unfit to remain on active duty due to calcaneal stress fracture of left foot.

910510:  The Applicant’s case being considered and finalized by the Secretary of the Navy’s Disability Evaluation System, the Commanding Officer, Naval Hospital Beaufort, S.C. finds the Applicant unfit to remain on active duty because of a physical disability.

910510:  Applicant accepts order to proceed home pending final disposition of the Physical Evaluation Board.

910522:  Department of the Navy Physical Evaluation Board found the member to be physically unfit to perform the duties of his office, grade, rank or rating on active duty and directed the Applicant be permanently separated from the Naval Service with severance pay but without further disability benefit.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was awarded an entry level separation on 19910607 with an uncharacterized character of service due to 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).

Issues 1-2. 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. The Applicant's service record did not contain any unusual circumstances during his less than five months in the military to warrant a change of discharge to "honorable." Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment. Relief denied.

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. Paragraph 8401, DISABILITY DISCHARGE WITH SEVERANCE PAY of the Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

B. Secretary of the Navy Instruction 5420.174D of 22 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 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 D. Secretary of the Navy Instruction 5420.174D of 22 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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