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USMC | DRB | 2005_Marine | MD0501497
Original file (MD0501497.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. MD05-01497

Applicant’s Request
The application for discharge review was received on 20050901. The Applicant requests the Narrative Reason for Separation be changed to “characterize please.” The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293. Subsequent to the application, the Applicant obtained representation from the American Legion.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060612. 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 reason for discharge shall not change. The discharge shall remain Uncharacterized by reason of convenience of the government due to condition not a disability.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“Needs to be characterized for records. Had no history of asthmas, had problem breathing & was sent to medical & then diagnosed with asthma. In order to move further discharge needs characterized.”

 Representative submitted no issues.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 149
One page from Applicant’s service record
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20041229 - 20050118      COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20050119             Date of Discharge: 20050217

 Length of Service (years, months, days):
Active: 00 00 29
          Inactive: None

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

 Age at Entry: 23

 Years Contracted: 4

 Education Level: 12                                 AFQT: 46

 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/CONDITION NOT A DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

 Chronological Listing of Significant Service Events :

050119:  Entered Active Duty.

 050210:  Branch Medical Clinic, Marine Corps Recruit Depot, San Diego, CA: Applicant diagnosed 493.0 Asthma. Applicant referred for administrative entry level separation. Applicant’s condition is unlikely to change if retained.

050210:  Letter from J_ A. P_, Director, Medical Rehabilitation Platoon, LT, USN:
          AXIS I: Asthma. Applicant recommended to follow up with family physician upon return to final destination.

 050210:  Applicant physically qualified for separation.

050211:  Commanding Officer, SPT BN RTR MCRD SAN DIEGO, CA recommended to the Commanding General, Marine Corps Recruit Depot, San Diego, CA, Applicant’s discharge with an uncharacterized service by reason of convenience of the government. Commanding Officer’s comments: “Arrived MCRD on 20 Jan 2005. On 22 Jan, IST 10/64/13:10, dropped to 3061/L. On 3 Feb, (T-9), dropped to MRP due to Bronchitis. On 10 Feb, BMC MCRD recommended ELS due to Asthma. SNR’s condition verified by physical exam, recruit health, and Pulmonary Medicine NMCSD. SNR “Not Physically Qualified” in accordance with the physical standards for enlistment. SNR’s condition unlikely to change if retained and will prevent SNR from successfully training as a Marine Rifleman in the future. On 10 Feb, medically cleared for ELS.
 SNR is being discharged fro asthma. SNR has no history of asthma. SNR had a problem breathing during the IST. SNR was later sent to medical & diagnosed w/asthma. ELS/MED/COG”
050214:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as entry level separation by reason of convenience of the government due to physical condition not a disability. The factual basis for this recommendation was due to your medical condition.
050214:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

050215:  GCMCA, Marine Corps Recruit Depot, San Diego, CA, directed the Applicant's discharge with an uncharacterized service by reason of convenience of the government, asthma – MARCORSEPMAN, PAR. 6203.2.
050217:  DD Form 214: Applicant discharged.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050217 by reason of convenience of the government due to condition not a disability (A) with a service characterization of uncharacterized. 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 (B and C).

 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 service member’s performance or conduct that would merit another 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 1 month in the military to warrant a higher characterization. No relief is granted.

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.

The Applicant requests a Narrative Reason for Separation change to “characterize please.” Under its responsibility to examine the propriety and equity of the Applicant's discharge, the NDRB will change the reason for discharge if such a change is warranted. A review of the Applicant’s records show that competent medical authority diagnosed the Applicant with asthma on 20050210. T he summary of service clearly documents that a physical condition not a disability was the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. Therefore changing the Narrative Reason for Separation would be inappropriate. Relief on this basis is 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 post-service accomplishments or any other evidence related to the 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 P1900.16F, 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 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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