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USMC | DRB | 2005_Marine | MD0500554
Original file (MD0500554.rtf) Auto-classification: Denied


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

ex-Cpl, USMC
Docket No. MD05-00554

Applicant’s Request
The application for discharge review was received on 20050202. 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050620.
After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant ’ s service. The Board ’ s vote was unanimous that the character of the discharge shall change and the narrative reason for discharge shall not change. The discharge shall change to: HONORABLE/Disability, Severance Pay, authority: MARCORSEPMAN Par. 8401.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “I served honorably from January 16, 2001 thru June 30, 2004 when I received a disability separation. I served in Iraq/Kuwait during Operation Iraqi Freedom. I also received the Combat Action Ribbon and Good Conduct Medal. It would be an injustice to deny me an honorable discharge. I was discharged after suffering from Post Traumatic Stress Disorder. I have attached a copy of my VA rating decision showing award of service connected compensation for PTSD.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                001213 - 010115  COG

 Period of Service Under Review :
Date of Enlistment: 010116               Date of Discharge: 040630

 Length of Service (years, months, days):

         Active: 03 05 15
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 55

 Highest Rank: Cpl                          MOS: 1345

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                 Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, CAR, SSDR, NDSM, PUC, REB

 Days of Unauthorized Absence: None

*No marks were found in service record.


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

GENERAL (UNDER HONORABLE CONDITIONS)/Disability, Severance Pay, authority: MARCORSEPMAN Par. 8401.

 Chronological Listing of Significant Service Events :

040311:  Non-medical assessment, Commanding Officer’s comments: […SNM has been a rock solid performer in this company. His Motor Transport Chief during Operation Iraqi Freedom stated that SNM was an outstanding performer who could be relied upon to carry out his duties with minimal supervision and achieve superior results… If SNM is able to recover from his current condition and return to a full duty status, I would be pleased to have him continue his service in my command…]

040409:  Findings of the Physical Evaluation Board Proceedings: Finding: Unfit. Recommended Disposition: To be separated from active with severance pay. Combined Disability Rating: 10%. Unfitting Conditions: Post Traumatic Stress Disorder (30981) and Major Depressive Disorder (29622) Related Category.

040422:  Applicant signed the final PEB counseling of the finding of “Unfit” Disability Rating 10%.
040422:  Applicant accepted preliminary findings of unfit for duty and waived right to formal board.

040422:  Conclusion of Disability Proceedings: The Applicant’s disability case has been considered and finalized by the Secretary of the Navy’s Disability Evaluation System. The Applicant is unfit to continue active duty because of a physical disability. The Applicant will be involuntary separated due to a physical disability. Applicant may be issued order to home awaiting final disposition.

040630:  DD Form 214: Applicant discharged with a general (under honorable conditions) due to disability, severance pay, authority: MARCORSEPMAN Par. 8401.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040630 with a general (under honorable conditions) due to disability, severance pay (A). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper but inequitable (B and C).

Issue 1. When the service of a member of the U.S. Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable. A general discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. Through review of the Applicant’s record, the Board could find no documented acts of misconduct or indication that the Applicant’s proficiency and conduct marks, though unavailable, would have merited a general discharge. In performing the documentary review, the Board found the Applicant’s Commanding Officer’s comments provided on the non-medical assessment especially noteworthy.

Though a document review provided significant positive information on the Applicant’s service, the Applicant’s incomplete records, to include the lack of a recommended characterization of service by the Applicant’s Commanding Officer, were not sufficient to overturn the presumption of regularity. Therefore, the Board contacted the Applicant’s former chain-of-command in order to fully explore the equity of the Applicant’s discharge. No evidence of misconduct on the part of the Applicant that would have merited a general discharge was obtained from the former chain of command. Therefore, the Board found the positive aspects of the Applicant’s career outweighed the negative aspects of his service and voted to change the Applicant’s character of service to “honorable.” Relief granted.


Pertinent Regulation/Law (at time of discharge)

 A. Marine Corps Separation and Retirement Manual, (MCO P1900.16F). effective 01 September 2001, paragraph 8401 DISABILITY DISCHARGE WITH SEVERANCE PAY , states;

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

 C. 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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