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USMC | DRB | 2006_Marine | MD0600327
Original file (MD0600327.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. MD06-00327

Applicant ’s Request
The application for discharge review was received on 20051212 . 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 20061102 . 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 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 :

“ I was Discharged for a sternum fx and contusion on approximately November 3 rd 2003. I was Discharged on December 3 rd 2003. I went away for two years of work while my sternum healed. I’m Requesting my RE cod e be changed from RE 4 to the Best RE Code for Reenlistment. ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant ’s DD Form 214 (Service 2)
Twenty-one pages from Applicant ’s service and medical record s
University Orthopedics Center evaluation, dtd June 4, 2004 (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20030103 - 20030623       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20030624              Date of Discharge: 20031203

Length of Service (years, months, days):

 Active: 00 0 5 1 0
          Inactive: None

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

Age at Entry: 18
Years Contracted: 4
Education Level: 12                                 AFQT: 50

Highest Rank: Pvt                                    MOS: 9900

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 1 ( 2 )                                 Conduct: 4. 2 ( 2 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214) : Sharpshooter Rifle Badge , National Defense Service Medal


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 :

031016:  Counseling: Advised of deficiencies (Diagnosed physical condition not a disability, specifically ( sternum pain) and any resultant or aggravated condition which interferes with the effective performance or duties.), necessary corrective actions explained, sources of assistance provided, and discharge warning issued.
031105:  Medical evaluation at Naval Hospital, Camp Lejeune by LCDR S_, Head, S.M.A.R. T. Clinic, Camp Geiger. Pvt L_( Applicant ) is a 18 year old male with a history of Sternal Contusion (EPTE) and a Sternal Fracture (EPTE). SNM( Applicant ) has been in physical therapy and on light duty greater than 21 days, we feel he has maximized treatment. Pvt L_ is strongly recommended for an administrative separation for a physical condition not a disability.
031016:  Counseling: Advised being processed for administrative separation for a physical condition , not a disability. (Medical record indicate that your medical history (sternal contusion and sternal fracture) did exist prior to entry. A medical office has recommend that it is apparent medical condition precludes completing entry-level training.) Applicant chose not to make a statement.
031124 :  Applicant notified of intended recommendation for discharge as uncharacterized by reason of physical condition not a disability. The factual basis for this recommendation was physical condition (sternal contusion and a sternal fracture) which is so severe that the ability to function effectively in the military environment is significantly impaired. Applicant informed the least favorable character of service possible was uncharacterized.

031124 :  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.
031124 :  Commanding Officer, Headquarters and Support Battalion , School of Infantry, Training Command, Camp Lejeune, recommended to Commanding Officer, School of Infantry, Training Command, Camp Lejeune, Applicant ’s uncharacterized discharge by reason of convenience of the government due to a physical condition not a disability. The factual basis for this recommendation was Applicant ’s physical condition, which interferes with his effective performance of duty.

03120 2 :  Commanding Officer, School of Infantry, Camp Lejeune, North Carolina, approved Applicant ’s uncharacterized discharge by reason of convenience of the government due to a physical condition not a disability.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20031203 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 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, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment, educational or enlistment opportunities. Relief on this basis would be inappropriate.

The Applicant requests that his RE-Code be changed so that he may reenlist. 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. Reenlistment policy of the Marine Corps is promulgated by the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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 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 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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