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USMC | DRB | 2006_Marine | MD0600371

Original file (MD0600371.rtf) Auto-classification: Denied

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

FOR OFFICIAL USE ONLY

ex-Pvt, USMCR
Docket No. MD06-00371

Applicant’s Request

The application for discharge review was received on 20060103 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to gener al (under honorable conditions). T he 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 20061130 . 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 erroneous entry .

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issue s, as stated on the application t o the Board:

“ The discharge was due to an unknown medical condition at the time of enlistment which caused the Applicant to fail the standard physical requirements. As the supporting documents of the DD214 states in the narrative ; the separation was due to a medical defect not known at the time of enlistment by the Applicant and the recruiter. The current separation character of service, “uncharacterized”, is an improper classification for this Applicant. Even though the Applicant served less than 180 days, the separation was due to a medical condition and not related to any disciplinary actions. Being deemed “uncharacterized” is perceived as the same as “under other than honorable conditions” by civil service municipalities for law enforcement in the State of Texas. The supporting documents prove the Applicant is a certified peace officer in the State of Texas. Certification required the demand of physical abilities as well as sustainability and improvement in a seventeen week course provided by a local college. The Applicant is currently not eligible for employment by any municipality in the State of Texas due to the Applicant’s current character of service. The Applicant will not be eligible for employment for any federal, state, city, or county jobs unless the Applicant’s status as “uncharacterized” is changed to “General under honorable conditions”.

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214 (Service 2)
Ltr of Certification for successfully completed the 8-hour NCIC/TCIC from Tarrant County College, C_ H_, Assistant Training Coordinator, Criminal Justice, Training Center, dtd November 9, 2005
Ltr of Certification for participating in the 40-hour Firearms Block from Tarrant County College, C_ H_, Assistant Training Coordinator, Criminal Justice, Training Center, dtd November 9, 2005
Ltr of Certification for successfully completed the 32-hour driver-training course from Tarrant County College, C_ H_, Assistant Training Coordinator, Criminal Justice, Training Center, dtd November 9, 2005
Ltr of Certification for successfully completed the use of OC Spray in the 115 ^th Basic Peace Officer Academy from Tarrant County College, C_ H_, Assistant Training Coordinator, Criminal Justice, Training Center, dtd November 9, 2005
Ltr of Certification for successfully completed the 40-hour Defensive Tactics Training Cycle from Tarrant County College, C_ H_, Assistant Training Coordinator, Criminal Justice, Training Center, dtd November 9, 2005
Ltr from Texas Commission on Law Enforcement, dtd November 7, 2005
Certificate of Completion for successfully completing the 656 hours 115 ^th Basic Peace Office Academy, dtd November 9, 2005
Ltr from Applicant, dtd April, 19, 2006
Copy of Social Security Card and Department of Texas driving license
Copy of Commonwealth of Virginia – Certificate of Live Birth

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

         Inactive: None
         Active: None

Period of Service Under Review :

Date of Enlistment: 19920 213              Date of Discharge: 19920903

Length of Service (years, months, days):

Active: 00 0 1 19
         Inactive: 00 05 01

Time Lost During This Period (days):

         Unauthorized absence: None
         Confinement:              None

Age at Entry: 20

Years Contracted: 8

Education Level: 12                                 AFQT: 80

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 A pplicable

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED/ ERRONEOUS ENLISTMENT , authority: MARCORSEPMAN Par. 6204.2 .

Chronological Listing of Significant Service Events :

920211: Applicant Medical Screening DD Form 2246. Applicant answered “no ” in response to the question, “have you ever had or have you now” physical impairments, treatment of illness/injury, and medical conditions.

920213: Pre service moral waiver granted (MGD, DAD, DBD) .

92071 5 : Commenced active duty.

920717: Branch Medical Clinic Marine Corps Recruit Depot Parris Island, SC .: Comments: “ Complains of dislocated right hip while walking pop s in and out. Four times a day. 1 ½ years ago had 3-4 – history of hop poppin in and out, now complains of ---- -- -- with pivot. Goes in and out by itself. Twitches it back in and out putting it in. States problem initially went away by itself but now has returned . Never had it looked at. ”

920720: Branch Medical Clinic Marine Corps Recruit Depot Parris Island, SC. 20 year old male for f/u right hip pain. Seen 920717 by Dr. H_ states getting worse.
         Has history of ------ right hip.
         Will be seen by Ortho BNH tomorrow
         No rx today other than Motrin 800
         Return after the Ortho evaluation.

920721: Recruit Evaluation Card. Applicant counseled on being dropped to MRP due to hip injury.

980812: Branch Medical Clinic Marine Corps Recruit Depot Parris Island, SC : 20 year old male complaints of right hip pain. Patient (Applicant) has been seen here for condition, but the pain has increase since then.
         See Otrho consult!
         Patient continues to complaint of severe right hip pain.
         Does not feel he can train.
         Plain: Med Board , EPTE right hip problem as suggested by Ortho.

920812: Branch Medical Clinic Marine Corps Recruit Depot Parris Island, SC, letter from Medical Disposition Officer . Recommended that the Applicant be placed on a light duty status pending separation.

920812: Nava l H ospital Beaufort, SC , Medical Board:
According to the recruit’s own statement, accepted by the Board, he had problems with his right hip approximately 1 ½ years prior to entering the military service while playing racquet ball. Medical evaluation had not been obtained because the symptoms resolved when he stopped playing racquet’ ball. This history was not disclosed to the Recruiter and is not documented on the Standard Form 88 and Standard Form 93, done at the Springfield, MA Military-Entrance Processing Station. Specialty consult was not obtained and the member was found fit for enlistment on Physical Inspection date 920714 .
The Member came to the attention of the Branch Medical Clinic at MCRD, Parris Island on 920717, during his forming phase of training when he presented with symptoms of right hip pain related to marching. The treatment at the Branch Medical Clinic, MCRD, Parris Island was not efficacious in alleviating the member’s symptoms, therefore consultation was obtained with an Orthopedic specialist at Beaufort Naval Hospital on 920723. The specialist’s diagnosis was snapping hip over the greater trochanter. The specialist recommended that this member continue in training at the time, however, if the military service. The patient returned on 920724, still complaining of discomfort and returned again on 920812, with persistent hip pain symptoms. It was felt at that time that this member would not be able to complete the vigorous requirements of Recruit Training and therefore recommended separation from the military service.
Physical examination at the time of survey revealed a well developed, well nourished 20 year old white male in no acute distress. He is 69 ½ inches tall and weight 163 pounds. Significant aspects of the physical examination center upon the right hip exam which revealed the tensor fasciae latae to be snapping over the greater trochanter. The patient was able to demonstrate this at will. There was no evidence of subluxation or dislocation of his hip. He did have tenderness to palpation over the greater trochanteric area. He had full range of motion of the right hip without any apparent discomfort. X-rays of the right hip were reviewed and considered to be normal. Remaining physical and ancillary studies are noncontributory. This physical condition existed prior to enlistment and has not been aggravated by military service.
Final Diagnosis: Snapping Right Hip (EPTE), 719.65
Recommendation: All factors considered and in view of the member’s inability to complete the vigorous physical requirements of Recruit Training, the Board recommends that subject recruit be separated from the United States Marine Corps by reason of “enlisted in error”.
The recruit has been advised to seek further medical attention for this condition after separation from the United States Marine Corps.
This recruit has been informed of the findings of the Medical Boar d and does not desire to submit a statement of rebuttal.

920813: Recruit Evaluation Card. Applicant counseled on being dropped to Casual pending an EPTE Medical Board. Applicant has displayed a negative attitude and does not want to be a Marine. Applicant shows no potential for future service.

920817 : Applicant notified of intended recommendation for discharge as an Entry Level Separation by reason of defective enlistment due to erroneous entry. The Commanding General, MCRD/ERR will determine whether you will be discharged or returned to training. Applicant further informed that if
discharged, he will receive an Entry Level Separation. The factual basis for this recommendation was failure to meet regular physical standards for enlistment as determined by a Medical Board.

9208 17 : Applicant advised of rights and having elected not to consult with counsel . Applicant understands this will be an Entry Level Separation.

920824: Branch Medical Clinic Marine Corps Recruit Depot Parris Island, SC : 20 year old male follow up with CDR _ .
         Follow up at Ortho visit – hip problem.
         O: able to walk well
         A: EPTE hip problem

920824: Naval Hospital Beaufort, Statement of Patient Concerning the Findings of a Medical Board. Applicant acknowledges understanding of recommendation of the Medical Board of 19920812. Medical Board recommended that the Applicant be discharged by reason of enlisted in error. Applicant did not desire to submit a statement.

920824: Naval Hospital Beaufort, Certificate Relative to a Full and Fair Hearing B efore a Physical Evaluation Board. Applicant certified that it had been explained to him that the Medical Board had found him to be unfit for further naval service by reason of enlisted/commissioned in error due to Snapping Right Hip. The Applicant waived his right to have his case forwarded to the Physical Evaluation Board and requested that he be administratively discharged from the naval service as soon as possible.

920825: Applicant medically cleared for discharge on this date.

920825: Medical Board Convening Authority approved Medical Board Recommendation .

920831: Commanding Officer, Recruit Administration Center, recommended that the Applicant will be discharged with an Entry Level Separation for defective enlistment due to erroneous entry as evidenced by snapping right hip.

92 0831 : Commanding General , Marine Corps Recruit Deport/Eastern Recruiting Region, Paris Island , directed that the Applicant be discharged with an Entry Level Separation for defective enlistment due to erroneous entry as evidenced by snapping right hip.

920901: MCRD/ERR Parris Island SC, Assistant Chief of Staff, Recruiting, letter to Commanding General, recommending that the Applicant be discharged. Based on review and evaluation of the Applicant’s records, this discharge is considered “NON-ATTRIBUTABLE” to the recruiter record. If discharged, the case is assigned a detectability code as “CATEGORY III: No recruiter error. ”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19920903 by reason of erroneous entry (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 2 months in the military to warrant a change of discharge to honorable. Therefore, relief on this basis is not warranted.

The following is provided for the edification of the Applicant. The Applicant has requested a change in characterization to general (under honorable conditions). According to MARCORPSEPMAN MCO P1900.16F, paragraph 1004, the service characterization of general (under honorable conditions) is considered the second highest quality of characterization. A general (under honorable conditions) characterization is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s record does not reflect misconduct and he did not complete recruit training, therefore the Applicant did not have assigned proficiency and conduct marks. In essence, by requesting a change in his characterization to general (under honorable conditions), the Applicant is requesting a less favorable characterization than what he currently has. According to SECNAVINST 5420.17D paragraph 501, “an Applicant may not receive a less favorable discharge than that issued at the time of separation” as a result of a discharge review conducted by the NDRB. As previously discussed, the Applicant’s record of service did not warrant a change of characterization to honorable, therefore the Board determined that the characterization of uncharacterized was proper and equitable.

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. Additionally, 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 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 P1900.16 D ), effective
27 June 89 until 17 August 95 , paragraph 6204, DEFECTIVE ENLISTMENT AND INDUCTION .

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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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USMC | DRB | 2006_Marine | MD0600371

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