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USMC | DRB | 2005_Marine | MD0501150
Original file (MD0501150.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-Pvt, USMC
Docket No. MD05-01150

Applicant’s Request
The application for discharge review was received on 20050629. The Applicant requests the Discharge 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 20051216. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, an inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the discharge shall change to: UNCHARACTERIZED/CONDITION NOT A DISABILITY, authority: MARCORSEPMAN Par. 6203, Separation Code “JFV1.”


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“I feel that it should be upgraded as I had no run ins with the law at the times of enlistment and I had zero art. 15 proceedings while in the service I am asking for the upgrade as my current designation is making it impossible to apply for employment with a lot of law enforcement agencies.”

 Documentation
Only the service record book and medical record were reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USANG  19970722 – 19980625      COG
 USMCR (DEP)     19990421 - 19990815      COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 19990816             Date of Discharge: 20000321

 Length of Service (years, months, days):

 Active: 00 07 06
          Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

 Age at Entry: 19

 Years Contracted: 4

 Education Level: 12                                 AFQT: 55

 Highest Rank: Pvt                                   MOS: 9971

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (2)                                Conduct: 4.2 (2)

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Marksman Badge


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
GENERAL (UNDER HONORABLE CONDITIONS)/CONDITION NOT A DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

 Chronological Listing of Significant Service Events :

990416:  Chief, Bureau of Medicine and Surgery, letter of physical qualification for enlistment sent to Commanding General, Marine Corps Recruiting Command. Based on a review of the available medical information, subject applicant (Applicant) does not meet established physical standards due to history of left knee surgery. A waiver of the physical standard is recommended.

990419:  Pre-service waiver for physical standards granted.

000127:  Medical Examination at Sports Medicine and Reconditioning Therapy Center Camp Pendleton, CA. Applicant reported that he had experienced 3 days of knee pain.
         Diagnosis: Post op pain, EPTE.
         Plan: Recommend Admin Separation for condition which existed prior to enlistment, enlisted with medical waiver – discharged from the US Army for same – cannot perform the activities expected of US Marine without pain.

000201:  Counseling: Advised of deficiencies in performance and conduct (Diagnosed with a PCND that hinders ability to train), necessary corrective actions explained, sources of assistance provided, and advised being processed for administrative discharge action.
000211:  Commanding Officer, Headquarters and Support Battalion, notifies the Applicant of the intended recommendation for discharge with a characterization of service as general (under honorable conditions) by reason of convenience of the government due to physical condition not a disability. The factual basis for this recommendation was that the Applicant was diagnosed with post surgical pain in left knee, re-evaluated by medical authorities and found not fit for continued service. This condition hinders the Applicant’s ability to train and has also been determined to be incompatible with continued military service
000211:  Applicant advised of rights and having elected not to consult, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

000211:  Commanding Officer, Headquarters and Support Battalion, School of Infantry, Marine Corps Base, Camp Pendleton, CA recommendation to Commanding General, Marine Corps Base, Camp Pendleton CA, that the Applicant be discharged with a characterization of general (under honorable conditions) by reason of convenience of the government due to physical condition not a disability. Commanding Officer’s comments: “As a result of numerous medical complaints to medical authorities regarding pain in his left knee. Private I_ (Applicant) was re-evaluated and diagnosed by medical authorities with post surgical pain in left knee. They concluded that he should be administratively separated.”

000212:  Commanding Officer, School of Infantry, Marine Corps Base, Camp Pendleton, CA recommended Applicant’s discharge with a general (under honorable conditions) by reason of convenience of the government, specifically physical condition not a disability.

000301:  GCMCA, Commanding General, Marine Corps Base, Camp Pendleton, CA, directed the Applicant's discharge with a general (under honorable conditions) by reason of convenience of the government, specifically due to a physical condition which is not a disability, i.e., post surgical pain in left knee.


.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000321 by reason of convenience of the government due to condition not a disability (A) with a service characterization of general (under honorable conditions). 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).

The Board found that in the Applicant’s case, the characterization of service should have been “uncharacterized.” 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. On 20000211, the 179 th day of the Applicant’s enlistment, the Applicant was notified that his Commanding Officer was recommending that the Applicant be discharged by reason of convenience of the government due to physical condition not a disability with a characterization of general (under honorable conditions). A review of Applicant’s records indicated that an uncharacterized discharge was warranted, as there were no unusual circumstances and no adverse information that would have warranted any other characterization of his service. Therefore, the Board found that the Applicant’s general (under honorable characterization) was inequitable and voted unanimously to change the Applicant’s discharge characterization to uncharacterized.

The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge. Further, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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 documentation to support any claims of post-service accomplishments or any other evidence related to his discharge 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 P1900.16E, effective 18 Aug 95 until 31 Aug 2001), 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 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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