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USMC | DRB | 2007_Marine | MD0700271
Original file (MD0700271.rtf) Auto-classification: Denied
ex-, USMC
MD07-00271

Current Discharge and Applicant’s Request

Application Received: 20061220   Characterization Received:
Narrative Reason: CONDITION NOT A DISABILITY              Authority: MARCORSEPMAN 6203.2

Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. VA Benefits.
                           2. Served honorably and discharged for medical reasons

Decision

By a vote of the Characterization shall .     
By a vote of the Narrative Reason shall CONDITION NOT A DISABILITY .

Date: 20 071002 Location:         Washington D.C. The Board found that

Discussion

Issue 1: either which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding .

Issue 2 : ( ). The Applicant contends she was discharged for a medical reason, she served honorably , and therefore she deserves an honorable discharge. When reviewing a discharge, the NDRB does consider the extent to which a medical problem might affect an Applicant’s performance and ability to conform to the military’s standards of conduct and discipline . Per the MARCORPSEPMAN 6203, the least favorable characterization of a member’s service is General (Under honorable Conditions) when negative aspects of a Marine’s performance outweigh positive aspects of performance. The Applicant’s record is marred by two counseling’s an d the award of nonjudicial punishment (NJP) on one occasion for violation of the Uniform Code of Military Justice (UCMJ) Article 86 (Failure to report). An upgrade to honorable would be inappropriate.

Summary of Service

Prior Service:
Inactive: USMCR (DEP)     20030131 - 20030526              Active:
Period of Service Under Review:
Date of Enlistment: 20030527               Years Contracted :                Date of Discharge: 20051123
Length of Service
: 02 Yrs 05 Mths 27 D ys          Lost Time : Days UA: Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 53          MOS: 0622 Highest Rank:
Proficiency/Conduct marks (# of occasions):     
4.3 ( 5 ) / 4.0 ( 5 )     Fitness reports :
Awards and Decorations (
per DD 214): RIFLE SHARPSHOOTER BADGE, SEA SERVICE DEPLOYMENT RIBBON, GLOBAL WAR ON TERRORISM SERVICE MEDAL, KOREAN DEFENSE SERVICE MEDAL, NATIONAL DEFENSE SERVICE MEDAL


Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge

20041123 :        MARCORSEPMAN 6105 counseling for failure to maintain required body composition as set forth in MCO 6100.12.

20050107 :        MARCORSEPMAN 6105 counseling for malingering, lack of cooperation/teamwork, and a disrespectful attitude.

20050304:        CO's NJP -- Viol UCMJ Art. 86 - Fail to report to BCP physical training on 20050205.
         Awarded - - FOP ($ 339.00 ) for ( 1 month); Restr for ( 14 days); Extra duties ( 14 days). FOP suspended for 6 months.

20050310:        Medical Record: Applicant assigned to a Medical Board.

20050315:        Vacate suspended FOP awarded at NJP dated 20050304.

20050527:        Medical Record: Okinawa Medical Clinic-Applicant not physically qualified for service, recommend Administrative Separation.


20050609:        Applicant found fit to continue on active duty by the Physical Evaluation Board.

20050622 :        MARCORSEPMAN 6105 counseling for your recent diagnosis of mi t ral valve prolapse which interferes with your duties, specifically, the inability to participate in rigorous exercises, conditioning hikes, and field duty.

20050802:        Medical Record: Reason for visit: Results of Physical Evaluation Board and found fit for full duty.
        
Assessment : Symptomatic PVC's and mitral valve prolapse
         Plan: The Medical Board at Naval Hospital Okinawa has found applicant not physically qualified for active duty service. The Physical Evaluation Board has determined her condition to be fit to continue on active duty and ineligible for disability. However, this does not mean fit for fully duty with no restrictions. Given the applicant’s inability to remain symptom free during exercise and her continued possibility for cardiac events, it is the recommendation of the Marine Air control Group Surgeon to administratively separate this individual.

20050817 :        MARCORSEPMAN 6105 counseling for diagnosis of mitral valve prolapse, which interferes with your duties. You have previously been counseled for your condition and instructed to comply with the medical treatment plan prescribed by health officials. Based on the results of your Physical Evaluation Board, you were found unable to physically perform to the standards of the Marine Corps training and therefore, are not physically qualified for further service in the United States Marine Corps.

Discharge Process

Date Notified:   20050908
Basis for Discharge:
     DUE TO:
Least Favorable Characterization:       
Commanding Officer’s Intended Recommendation:   

Date Applicant Responded to Notification:                  200050912
Rights Elected at Notification:
         Consult with Counsel                      

         Obtain Copies of Documents               

         Submit Statement(s) (date)                         ( 20050915 )
         Administrative Board                      

Commanding Officer Recommendation (date):        ( 20050916 )
SJA review (date):      
Separation Authority (date):     COMMANDING GENERAL, 1 ST MARINE AIRCRAFT WING ( 20051108 )
Basis for discharge directed:  
DUE TO:
Characterization directed:     
Date Applicant Discharged:       20051123


Types of Documents Submitted by Applicant and Considered By Board

Related to Military Service:      Service and/or Medical Record:            Other Records:

Related to Post-Service Period:         
        
Employment:                        Finances:                          Education:               
         Health/Medical Records:
                  Substance Abuse:                           Criminal Records:       
         Family/Personal Status:
                  Community Service:                References:              
        
Additional Statements From Applicant:
   From Representative:
Other Documentation (Describe)

Pertinent Regulation/Law

A. Marine Corps Separation and Retirement Manual, (MCO P1900.16F, effective 1 September 2001 to 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 .


ADDENDUM: Information for the Applicant

Complaint Procedures : 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 to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC 20301-4000. 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 .

Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the 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. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits: The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Employment/Educational Opportunities
: The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.

Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.” Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.

Issues Concerning Bad-Conduct Discharges (BCD
) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed.

Board Membership:
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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