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USMC | DRB | 2005_Marine | MD0501380
Original file (MD0501380.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. MD05-01380

Applicant’s Request
The application for discharge review was received on 20050804. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). The Applicant requests a documentary record discharge review. The Applicant designated Disabled American Veterans as the representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060830 . 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 and reason for discharge shall not change. The discharge shall remain entry level separation (uncharacterized) due to entry level performance and conduct.














PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application to the Board:

 “ My 5 months and 29 days of service were faithful and honorable. on the basis of medical reasons that lead to my discharge, i petition the board’s relief with the recharacterization of my service period to be changed to general under honorable conditions .
I further contend that the narrative reason assigned for my discharge, entry level performance and conduct, is incomplete. i respectfully request that it be changed to reflect the medical nature of my discharge as supported by my official service records .”

 Subsequent to the application, the Applicant obtained representation by the Disabled American Veterans:
“Dear Chairperson:

After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in her request for a discharge upgrade of her current Un-Characterized Discharge to that of General Under Honorable Conditions with a change of the separation narrative to one that reflects her disability.

The FSM served on active service from September 8, 1997 to March 6, 1998 at which time she was discharged due to Entry Level Performance and Conduct.

The FSM contends her five months and twenty-nine days of service were faithful and honorable and on the basis of medical reasons she was discharged, and she seeks equitable relief I the form of the requested discharge upgrade.

As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174D.

Under the premises of equitable relief, we believe the Board can change the narrative reason, removing the current notation. As to the request of the change of discharge to reflect a General discharge we leave that to a determination by the Board.

We ask for the Board’s careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the applicant.

Respectfully, ”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4) (3 copies)
Enlistment/Reenlistment Contract (3 pages)
Applicant’s service record ( 6 pages)
 Ltr from NCRB, dtd April 5, 2006
 Ltr from National Personnel Records Center, dtd October 7, 2005 (2 pages)
Applicant’s Medical Record (74 pages)
 Ltr from Applicant, dtd April 8, 2006

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19970717 – 19970907               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19970908             Date of Discharge: 19980306

 Length of Service (years, months, days):

 Active: 00 05 29
         Inactive: None

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

 Age at Entry: 25

 Years Contracted: 5 and 6 weeks
Education Level: 10 th Grade (GED)                 AFQT: 64

 Highest Rank: PVT                                   MOS: 9900

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NA*                  Conduct: NA*
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): None

*Not Available


 Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNCHARACTERIZED/ENTRY LEVEL PERFORMANCE AND CONDUCT, authority: MARCORSEPMAN Par. 6205.

 Chronological Listing of Significant Service Events :

971009:          Recruit Evaluation C ard entry. SNR (Applicant) returned from BMC with a diagnosis of L Knee pain with effusion, SNR has a disposition to be reassigned to MRP. Fwded to series Commander for further action.
971009:  Recruit Evaluation Card entry. Due to SNR (Applicant) being reassigned to MRP. SNR’s performance is getting a non-observed rating due SNR’s Bed rest duty status.
971010:  Recruit Evaluation Card entry. SNR (Applicant) is being dropped to MRP following Medical disposition of knee pain w/effusion. PI conducted. SNR screened for allegations. 0(zero) Stated. SNR joined the Ma r ine Corps for the Education and to support her child. SNR wants to study Oceanography. Guaranteed MOS of Aviation Mechanics. SNR has a two year old son who is currently staying with her ex-husband. Note notified B_ B_. Opso Notified (GySgt C_).
971010:  Recruit Evaluation Card entry. SNR (Applicant) is being drop p ed due to Knee Pain Etiology. Screened for allegations 0 stated.
971011:  Recruit Evaluation Card entry. SNR (Applicant) arrived this date from 4040 with L Knee pain effusion and a duty status o bedrest. SNR’s MRP day is Tues. PM at Podiatry/BMC. SNR was dropped on training day 22.
         
971011   Recruit Evaluation Card entry. SNR (Applicant) counseled on UCMJ this date.

971014:  Recruit Evaluation Card entry. Since being in MRP for 3 days SNR has been counseled on her attitude, for gaffing off the DI’s and guide and ------. SNR has been caught in lies, and also sleeping and writing letters on Rifle Security Watch. SNR also was sitting on a rack (not on BR) talking to another RLT while details were being conducted. When a RLT requested SNR to do details SNR told the recruit to “F _ Off”. SNR knows this language and behavior is unacceptable. Request a WNOD be issued. Forwarded to CO XO for action.

971015:  Counseled for deficiencies in performance and conduct. [Shown a lack of maturity by your actions, shown an inability to follow instructions/orders, shown a disrespectful/belligerent attitude, shown an erratic and deviant behavior pattern that makes your value to the Marine Corps questionable. Telling other recruit to “F OFF” while sitting on a rack during details. Sleeping and writing letters while on Rifle/Security Watch.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
971018:  Recruit Evaluation Card entry. SNR (Applicant) issued WNOD due to lack of maturity.
980123:  Recruit Evaluation Card entry. SNR (Applicant) counseled on drop to training, SNR passed her exits and is ready to return to training. Screened for allegations 0 (zero) stated.
980214:  Recruit Evaluation Card entry. SNR (Applicant) counseled on her inability to complete the 3.0 mile run this date. SNR has a noticeable limp and was instructed to get in the Vehicle by Capt W_. SNR will go to sick call to be evaluated.
980218:  Recruit Evaluation Card entry. SNR (Applicant) returned this date from Med Boards, recommend drop to causal due to chronic Hip and knee pain. SNR expressed the desire to return at a later date. SNR is motivated and I recommend possible enlistment at a later date.
980218:  L et t e r from Medical Dispositions Officer , Branch Medical Clinic Parris Island South Carolina. It is recommended that subject recruit be placed in the following duty status pending separation: No Duty
          Reason for recommendation for separation: Chronic Hip & Knee Pain – Patello- Feunoral Dysfunction with valgus feet prouated.
980219:  SNR (Applicant) counseled on REL drop to causal/ELS due to incapability to complete RCT training. SNR has chronic Hip and knee pain, patello femoral dysfunction with valgus feet pronated. SNR is motivated and wants to continue in training, however, she understands why she is being dropped strongly REC. SNR be assigned a recessions code that would allow her to reenter the Marine Corps if she is physically capable. P1 conducted allegations. NOK grandmother L_ harter contacted RS ops CPl G_ contracted. Forward to CDR for Action.

 980219:  SNR (Applicant) counseled on drop to casual. SNR has continued to have problem. W/her hip & kne e . Returned from medical w/ recommendation for drop to casual. SNR has been on the island 130 days. No allegations to report forwarded to Bn XO for further action.
980221:  SNR (Applicant) has been counseled on the Rules and Regulations of Recruit Casuals LT D 33.
980223:  Applicant notified of intended recommendation for discharge by reason of Entry Level Performance and Conduct. The specific basis for separation is chronic hip and knee pain.
980223:  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.

 980306:  Administrative Remarks: Applicant signed statement acknowledging assignment of Re-enlistment code RE-3P due to i ncapa b ility-Chronic Hip and Knee pain.
980304:  Commanding Officer, Recruit Training Regiment, recommended to Commanding General, Marine Corps Recruit Depot/Eastern Recruiting Region that the Applicant be discharged with an Entry Level Separation by reason of Entry Level Performance and Conduct by Incapability-Chronic Hip and Knee Pain.

980304:  GCMCA, Commanding G eneral, Marine Corps Recruit Depot/Eastern Recruiting Region, authorized the Commanding Officer, Recruit Training Regiment (RAC) the Applicant’s discharged with an uncharacterized.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980306 with an entry level separation (uncharacterized) due to entry level performance and conduct (A). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).

The Applicant contends that her “5 months and 29 days of service were honorable”. The Applicant seeks a change of her discharge characterization from uncharacterized (due to entry level performance and conduct) to general (under honorable conditions). 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 her less than 6 months in the military to warrant a change of discharge to honorable. The Board did find that the evidence of record showed the Applicant was counseled on numerous occasions for deficiencies in performance, conduct, and maturity. The Board found no impropriety or inequity. Relief denied

The Applicant states that her narrative reason is incomplete. The Applicant contends that the basis for her discharge was for medical reasons and would like for her narrative reason to reflect the medical nature of her discharge. The Board advises the Applicant that a member may be separated while in an entry level status, if the member is unqualified for further service by reason of entry level performance and/or conduct, as evidenced by incapability, lack of reasonable effort, failure to adapt to the Marine Corps environment, or minor disciplinary infraction. The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. The summary of service clearly documents that entry level performance and conduct was the reason the Applicant was discharged. Since no other Narrative Reason for Separation could more clearly describe why the Applicant was discharged, a change would be inappropriate. Relief denied.

For the edification of the Applicant, there is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient post-service documentation for the Board to consider. 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. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. The Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 950818 until 010831), paragraph 6205, ENTRY LEVEL PERFORMANCE AND CONDUCT.

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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