Search Decisions

Decision Text

USMC | DRB | 2006_Marine | MD0600973
Original file (MD0600973.rtf) Auto-classification: Denied

ex-PFC, USMC
MD06-00973

Current Discharge and Applicant’s Request :

Application Received:                               20 060713
Narrative Reason for Separation:                          
Character of Service:                               
Discharge Authority :                                MARCORSEPMAN PAR 6203.2
Last Duty Assignment/ Command at Discharge:       SACO SOI TRNG CMD CAMP LEJEUNE NC

Applicant’s Request:
         Narrative Reason change to:               none requested
         Characterization chang e to:               
         Review Requested :                          
Representation:                                              designated


Decision:

Date of Decision:                                             20 070523
The Discharge shall remain:                       
                                                     
Regarding p ropriety , the Board found the discharge :      
Regarding e quity , the Board found the discharge :         

Vot e (characterization/reason)                      /
Location of Board:                                  Washington D.C.
Complete Service Record:                                   
Complete Medical Record:                          

Discharge Package Complete:                       




Summary of Service :

Prior Service:
Inactive: USMC R (DEP)                               20010723 - 20011112       COG
Active: N ONE

Period of Service Under Review :
Date of Enlistment:                                 20011113
Years Contracted :                                   ;      
Date of Discharge:                                  20021029
Length of Service:                                 
00 Yrs 11 Mos 17 Days Does not exclude lost time, if any.
Time Lost During This Period:                          

Education Level:                                   
Age at this Enlistment:                                    
AFQT:                                                 40

MOS:                                                   9900
Highest Rate/Rank:                                   PFC
P roficiency / Conduct (number of marks) :                  4.0 (2)   3.9 (2)
Awards and Decorations (as listed on the DD Form 214): RIFLE MARKSMAN BADGE



Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

20011113:        Applicant received waiver for weight.

20020520:        Counsel ed concerning y our injury (hip pain) which caused you to be dropped from training on (020520) from (AITB). N ecessary corrective actions explained , disciplinary and discharge warning issued .

20020917
:        NJP for violation(s) of UCMJ:
         Article 107 : On or about 0730, 20020801, with intent to deceive, write in the Sports Medicine logbook he signed in at 0730 and signed out at 0840, which was false .
         Award: Forfeiture of $ 257.00 for 1 month , restriction and extra duty for 14 days.
        
Not a ppealed.

20020917:        Counseling: Advised of deficiencies in performance and conduct (Your violation of Article 107 for making a false official statement.), necessary corrective actions explained and sources of assistance provided , disciplinary and discharge warning issued .




Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation

20020515:        Camp Geiger SIC evaluation. (Applicant) complains of left hip x 2 weeks. Pt states he first noticed his hip pain when he was doing a run. He felt a pop with audible clicking after that day. He states that his pain has been getting worse everyday.
        
Assessment: 1 . Hip Flexor tendonitis. 2. Snapping hip syndrome.

20020522:        Applicant referred to Sports Medicine Clinic for evaluation and treatment.

20020522:        Sports Medicine Clinic evaluation.
        
Assessment: Left greater trochanteric bursitis.

20020622:        Abbreviated Limited Duty Medical Board Report:
         Diagnosis: Left hip (illegible) bursitis
         Treatment plan: 1. PT/Sports medicine. 2. RTR program.
         Limitations: No run/PT/PFT. No Hike.
         Period of limited duty: 8 months.

20020701:        Follow up at Sports Medicine Department.        
        
Impression: 1. Left GT Bursitis – improving s/p steroid injection. 2. Possible snapping hip syndrome.

20020711:        Follow up at Physical Therapy Clinic. The patient (Applicant)…states he is currently pain-free…only has pain after prolonged standing or walking.
         Assessment: Resolving left lateral hip pain.
         Plan:
1. Light duty x 14 days. 2. Physical therapy treatment…3. Motrin…4. …follow-up with BAS….hip x-rays. 5 . Follow-up in this clinic in two weeks.
         Goals: Eliminate pain and tenderness, and return to Full Duty within two to four weeks.

20020724:        Follow up evaluation at Smart Center, Camp Geiger.
        
Impression: 1. Left GT Bursitis. 2. ? Snapping hip syndrome.
        
Plan: Start Hip MOBEX.

20020828:       
Follow up evaluation at Smart Center, Camp Geiger.
        
Impression: 1. GT bursitis chronic. 2. Snapping hip syndrome.
        
Disposition: Recommend admin separation. Condition not improved despite adequate rest, rehab, and other medical measures. No further eval/treatment needed/available. Recommend AdSep for physical condition not considered a disability.

20020828 :        Commanding Officer, Naval Hospital, Camp Lejeune , letter to Commanding Officer, School of Infantry. Applicant “strongly recommended for an administrative separation for a physical condition not a disability.



Elements of Discharge:

Discharge Process :                                  NOTIFICATION PROCEDURE
Date Notified :                                        20021003
Basis :                                                 CONVENIENCE OF THE GOVERNMENT                                                                            due to: 
Least Favorable Characterization:                         

Commanding Officer’s
Intended Recommendation :   
Record Supports Narrative Reason :                         

Date Applicant R esponded to N otification:                 20021003
Rights E lected at N otification :
Consult with Counsel                      
Administrative Board                       NOT APPLICABLE
Obtain Copies                             
Submit Statement(s)               (NDRB note: Despite waiving right to submit a statement, Applicant submitted handwritten statement dated 20021003 which was forwarded to the Separation Authority.)

Recommendation of Commanding Officer (date):     (UNDER HONORABLE CONDITIONS) ( 20021003 )
SJA review (date):                                   NOT REQUIRED      
Discharge directed by (date):                       COMMANDING OFFICER , SCHOOL OF INFANTRY ( 021009 )
Narrative reason directed :                                  
Characterization of directed:                      (UNDER HONORABLE CONDITIONS)
Date Applicant Discharged:                         20021029



Additional Information Considered by Board

Type of d ocumentation submitted by t he Applicant and considered by the Board

        Document Type                                        #Pages
Related to Period of Service:
         Service/Medical Record :                              88
         Other Period of Service:                                    0
Related to Post-Service Period:
         Community Service :                                   0
         Education :                                           0
         Employment :                                          0
         Health /Medical :                                       0
         Character Statements:                               0
         Criminal Records Checks:                                    0
         Additional Statements from Applicant:   
         0
Other Documentation      (Describe Below)                 0

Total Number of Pages:                              88

D escription of Other Documentation: None      



Discussion

P
ropriety and Equity
There is a presumption of regularity in the conduct of Government affairs. This presumption will be applied in any review unless there is substantial credible evidence to rebut the presumption , to include evidence submitted by the Applicant . A fter a thorough review of the available evidence , to include the Applicant’s Summary of Service, Service Record Entries , Med ical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

When the service of a member of the U.S. Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable. A general discharge 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 service was marred by 2 counseling entries and a nonjudicial punishment proceeding for violation of Article 107 of the UCMJ. The NDRB advises the Applicant that violation of Article 107 is considered a serious offenses for which a punitive discharge is authorized if adjudged at a special or general court-martial. The Applicant’s conduct, which forms the primary basis for determining the character of his service, falls short of that required for an upgrade of his characterization of service. Relief is not warranted.

Applicant’s Issues:
1. Desire GI Bill to further education.

T he Board determined that which can form the basis of relief for the Applicant or that the Board did not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding th is issue .



Minority Opinion

None .



Pertinent Regulation/Law

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 II , Para 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Para 503, Equity .

C. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 107 , False official statement s .

Similar Decisions

  • USMC | DRB | 2006_Marine | MD0600604

    Original file (MD0600604.rtf) Auto-classification: Denied

    Period of Limited Duty: 8 months. Follow up: as needed.Final Disposition: PT is found FFD w/the following limitations – partial PT only, no running – no forced marches. Bilateral knee joint pain in the patellofemoral region, worse while walking, while running, while jumping, started gradually, occurs at rest, worse on rising from a seated position, knee joint stiffness, and a grating sensation I the knee but no knee joint swelling, able to straighten the knee, and the knee did not suddenly...

  • USMC | DRB | 2006_Marine | MD0600577

    Original file (MD0600577.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Recommend administrative separation for convenience of government for a physical condition that is not a disability.030625: Counseling: Advised of deficiencies in performance and conduct (Not meeting height/weight standards because of your in ability to perform daily PT, specifically left knee Patellofemoral Pain Syndrome. You may view DoD Directive 1332.28 and other...

  • AF | PDBR | CY2014 | PD-2014-01788

    Original file (PD-2014-01788.rtf) Auto-classification: Approved

    The bowel and hip conditions, characterized as “irritable bowel syndrome [IBS] with chronic pain and bloating” and “snapping hip syndrome,” were forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501. Snapping Hip Syndrome . The DA Form 2173( Statement of Medical Examination and Duty Status ),dated 14 December 2005, noted complaints of bilateral hip pain during mobilization training in August 2004, with increasing hip pain due to the weight of gear and weight loss.

  • AF | PDBR | CY2012 | PD2012 01341

    Original file (PD2012 01341.rtf) Auto-classification: Denied

    The CI received a permanent profile that stated he could walk, run, swim, and bike at his own pace and could march up to one quarter of a mile.At the MEBnarrative summary (NARSUM) evaluation on 13 November 2001, approximately 5 months prior to separation, the CI reported pain of the hip with running, jumping, marching, sit ups and walking.The MEB evaluator referred to the physical exam findings of physical therapy and orthopedic exam above.The referenced physical therapy examination dated 24...

  • AF | PDBR | CY2014 | PD-2014-02501

    Original file (PD-2014-02501.rtf) Auto-classification: Denied

    Examination of the back was reported as normal and the examiner stated he could not ascribe any physical diagnosis or attribute any physical impairment to the LBP complaint.The Board first considered whether the back pain condition was unfitting when considered separately from the hip pain condition.Although the back and hip pain were somewhat intermingled in treatment records, orthopedic examiners described back pain separately from hip pain and indicated some impairment due to back pain. ...

  • AF | PDBR | CY2012 | PD-2012-00692

    Original file (PD-2012-00692.txt) Auto-classification: Approved

    The Physical Evaluation Board (PEB) adjudicated the left hip and lower extremity pain condition as unfitting, rated 0% with likely application of the US Army Physical Disability Agency (USAPDA) pain policy. At the VA Compensation and Pension (C&P) exam prior to separation, the CI reported pain in her low back that radiated into her buttocks which had been diagnosed as left ischial tuberosity syndrome. However, the Board notes the evidence supports primarily left hip exam findings to...

  • AF | PDBR | CY2013 | PD-2013-02815

    Original file (PD-2013-02815.rtf) Auto-classification: Denied

    Orthopedic evaluation diagnosed left snapping hip syndrome and left trochanteric bursitis (inflammation of the hip joint) and the CI had a steroid injection into the left hip with “nearly complete resolution of her symptoms.”The CI had additional hip imaging (MR arthrogram) that supported fibrous dysplasia withno evidence of significant degenerative changes at the left hip or left acetabular labral tear and a new finding of mildinflammation of the gluteal tendon at the hip. RECOMMENDATION :...

  • AF | PDBR | CY2014 | PD 2014 01017

    Original file (PD 2014 01017.rtf) Auto-classification: Denied

    The InformalPEBadjudicated the snapping hip syndrome [bilateral] condition as unfitting, rated 10%, with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).The CI made no appeals and was medically separated. RATING COMPARISON : Service IPEB – Dated 20090402VA* - Based on Service Treatment Records (STR)ConditionCodeRatingConditionCodeRatingExam Snapping Hip Syndrome [Bilateral]531610%Snapping Hip Condition, Left5299-52550%**STRSnapping Hip Condition,...

  • AF | PDBR | CY2014 | PD-2014-00771

    Original file (PD-2014-00771.rtf) Auto-classification: Denied

    One other condition, sleepwalking, was submitted by the MEB.The Informal PEBadjudicated “chronic right hip pain and snapping hip from an iliotibial band syndrome” as unfitting, rated 0%, citing criteria of the Veterans Affairs Schedule for Rating Disabilities (VASRD). Chronic Right Hip Pain Condition . Persistent pain was eventually determined to be due to snapping hip syndrome, a condition resulting from movement of the iliotibial band across the lateral aspect of the hip.

  • AF | PDBR | CY2012 | PD2012 01717

    Original file (PD2012 01717.rtf) Auto-classification: Approved

    CI CONTENTION : “I was rated at I0 percent for service connected snapping hip (Left Hip), I have much less range of motion in my left hip. Physical Disability Board of Review I have reviewed the enclosed Department of Defense Physical Disability Board of Review (DoD PDBR) recommendation and record of proceedings pertaining to the subject individual.