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USMC | DRB | 2005_Marine | MD0500606
Original file (MD0500606.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD05-00606

Applicant’s Request
The application for discharge review was received on 20050216. 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 20050629. 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 of 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. “Currently trying to reenlist and I stand a better chance getting back into the military if I was given a Honorable Discharge. I didn’t complete a full (6) months of duty before being discharged. I was discharged (6) days before my (6) month mark. I feel that I deserved an Honorable Discharge. And I feel I deserve to serve my country once again. Thank you.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None were submitted.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                030328 - 030420  COG

 Period of Service Under Review :
Date of Enlistment: 030421               Date of Discharge: 031015

 Length of Service (years, months, days):

         Active: 00 05 25
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 53

 Highest Rank: PFC                          MOS: 9900

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.0*                          Conduct: 4.0

 Military Decorations: None

 Unit/Campaign/Service Awards: MRB, NDSM

 Days of Unauthorized Absence: None

*Evaluation averages extracted from the Commanding Officer’s letter dated 030929

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 :

030814:  Counseled for deficiencies in performance and conduct. [Your diagnosed physical condition not being a disability, (MTSS R/O (B) Tibial SFX) condition which interferes with the effective performance of your duties.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
030915:  Medical evaluation by Head, S.M.A.R.T. Clinic, Camp Geiger
          AXIS: History bilateral stress related changes with no stress fractures (DNEPTE). [Applicant] has been on light duty and physical therapy greater than 30 days with no significant improvement, we feel he has maximized treatment. [Applicant] is strongly recommended for an administrative separation for a physical condition not a disability.
030929:  Applicant notified of intended recommendation for discharge by reason of convenience of the government for a condition not a disability. The least favorable characterization of service, which you may receive is an uncharacterized discharge.
030929:  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.

030929:  Commanding Officer, Headquarters and Support Battalion, School of Infantry, Training Command, Camp Lejeune, NC, recommended an uncharacterized discharge by reason of convenience of the government for a condition not a disability. The factual basis for this recommendation was Applicant’s physical condition (history of bilateral stress related changes with no stress fractures), which is so severe that your ability to function effectively in the military environment is significantly impaired.

031003:  Commanding Officer, School of Infantry, Camp Lejeune, NC, directed the Applicant's uncharacterized discharge by reason of condition not a disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20031015 with an uncharacterized service 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 intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. Unless there were unusual circumstances regarding a servicemember’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service. The Applicant's service record did not contain any unusual circumstances during his less than six months in the military to warrant a change of discharge to honorable.

Additionally, for the edification of the Applicant, neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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 P1900.16F, effective
01 September 2001 and Present), paragraph 6203, CONVENIENCE OF THE GOVERNMENT

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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