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USMC | DRB | 2006_Marine | MD0600949
Original file (MD0600949.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD06-00949

Applicant’s Request
The application for discharge review was received on 20060703 . 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 20070510 . 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 - ISSUES AND DOCUMENTATION


Decisional Issues
None
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Service 2)
Applicant’s DD Form 215 (Member 4)
Applicant’s DD Form 215 (Service 2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20000908 – 20010722               COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 20010723              Date of Discharge: 20020321

Length of Service (years, months, days):

 Active: 00 0 7 27
         Inactive: None

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

Age at Entry: 1 7 (Parental Consent)

Years Contracted: 4

Education Level: 12                                 AFQT: 31

Highest Rank: PFC                                    MOS: 9900

Final Enlisted Performance Evaluation Averages (number of marks):

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

011115:  Counseling: Advised of deficiencies in performance and conduct (Physical condition not a disability, (Right Knee injury) and any resultant or aggravated condition which interferes with the effective performance of your duties .), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
011217:   Applicant notified of intended recommendation for discharge as uncharacterized by reason of physical condition not a disability. The factual basis for this recommendation was your physical condition (Right Knee Pain) which is so severe that your ability to function effectively in the military environment is significantly impaired. Applicant informed the least favorable character of service possible was as uncharacterized.

0 11217 :  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.

020123:  Medical evaluation by LT W_, Medical Officer, Camp Geiger, Branch
Medical Clinic:
          Private First Class W_ is an 18 year-old female with a history of recurring Right Knee MMT, s/p Arthroscopic surgery (DNEPTE). She has failed to respond to treatment with sports medicine rehabilitation, light duty, and medications. She has waived her rights to a Physical Evaluation Board after counseling. Private First Class Webster is therefore recommended for an administrative separation.
0 20308 :  Commanding Officer recommended Applicant’s discharge with an uncharacterized service by reason of convenience of the government due to a physical condition, not a disability .
020314 :  GCMCA, Commanding Officer, School of Infantry, Training Command, Camp Lejeune directed the Applicant's discharge with an uncharacterized service 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 20020321 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). The Board presumed regularity in the conduct of governmental affairs (D).
The Applicant requests upgrade of her characterization of discharge to honorable. 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 eight months in the military to warrant a change of discharge to honorable.

The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, civilian employment, educational pursuits, etc., an uncharacterized separation shall be considered as the equivalent of an honorable or a general (under honorable conditions) characterization.

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. 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 .

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .


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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