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USMC | DRB | 2008_Marine | MD0801768
Original file (MD0801768.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20080811
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MARCORSEPMAN (CONDITION NOT A DISABILITY)

Applicant’s Request: Characterization change to:
                  Narrative Reason change to:

Summary of Service

Prior Service:
 Inactive: USMCR (DEP)    19990212 - 19990719              Active:

Period of Service Under Review:
 Date of Enlistment: 19990720      Period of Enlistment : Years Months     Date of Discharge: 20000310
Length of Service: Years Months 21 D ays       Education Level:        Age at Enlistment:
AFQT: 50 MOS: 9900        Highest Rank:   Fitness Reports:
Proficiency/Conduct Marks (# of occasions):      ( ) / ( )
Awards and Decorations (per DD 214): Rifle

Periods of UA/CONF: NJP: SCM: SPCM: CC:

6105 Counseling:
- 20000306 : For bilateral hip pain.

Types of Documents Submitted/reviewed

 Related to Military Service:      DD 214:          Service and/or Medical Record:            Other Records:

Related to Post-Service Period:  
         Employment:                        Finances:                          Education/Training:     
         Health/Medical Records:           Substance Abuse:                           Criminal Records:       
         Family/Personal Status:                   Community Service:                References:              
Additional Statements From Applicant:             From Representation:              From Member of Congress:

Other Documentation (Describe):

Pertinent Regulation/Law

 A. Marine Corps Separation and Retirement Manual (MCO P1900.16E), effective 18 August 1995 until 31 August 2001, 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 .


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

Applicant’s Issues

 1. Feels her medical condition is service related, so she should receive an “Honorable” discharge.

Decision

 Date: 20081204      Location: Washington D.C. R epresentation : PERSONEL REP

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall CONDITION NOT A MENTAL OR PHYSICAL DISABILITY .
Discussion

 : ( ) . The Applicant was discharged because she suffered from bi-lateral hip pain that did not resolve itself while in initial USMC recruit training. She was notified of administrative separation proceedings 5 ½ months after enlisting which qualified her for an entry level “Uncharacterized” discharge. The Applicant states she was healthy and without pain prior to enlisting in the Marine Corps and feels she rates an “Honorable” characterization. The Board, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the characterization of service and/or the reason for discharge if such a change is warranted. During Board reviews the government is presumed to conduct its affairs with regularity unless there is substantial credible evidence, to include evidence submitted by the Applicant, to rebut the presumption.

A review of the Applicant’s records reveals the Applicant had an injury prior to entry into the Marine Corps and it was aggravated by the rigorous physical demands of active duty training. The Applicant did not provide medical documentation to overturn the presumption she was properly diagnosed with a pre-existing condition, which hindered her ability to adapt to fulfill her military obligations. The Applicant was subsequently discharged in accordance with established procedures and policy found in the Marine Corps Separation and Retirement Manual, MCO P1900.16E, paragraph 6203.

For the information of the Applicant, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation as their characterization of service. Unless there were unusual circumstances regarding a service member’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 7 1/2 months of service in the Marine Corps to warrant such a change. The Board determined the awarded discharge characterization was appropriate and an upgrade was not warranted.

The Applicant should also be aware with respect to non-service related administrative matters, i.e., Veterans Administration (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 is encouraged to pursue her claims for medical relief through the VA.
After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Record, Discharge Process and evidence submitted by the Applicant, the Board found


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 or is referred to a court-martial 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 or for any basis wherein an Other Than Honorable Discharge is authorized, 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 other medical related reasons.” 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 special 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. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

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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