Upgrade.Vet

USMC | DRB | 2009_Marine | MD0901752

Original file (MD0901752.rtf) Auto-classification: Denied

ex-, USMC

Current Discharge and Applicant’s Request

Application Received: 20090608

Characterization of Service Received:

Narrative Reason for Discharge:

Authority for Discharge: MARCORSEPMAN

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

Summary of Service

Prior Service:
Inactive:         USMCR (DEP)       20031112 - 20040321     Active:

Period of Service Under Review:
Date of Current Enlistment: 20040322     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20040824      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 03 D a y ( s )
Education Level:        AFQT: 67
MOS: 9900
Proficiency/Conduct M arks (# of occasions): /          Fitness R eports:

Awards and Decorations ( per DD 214):      NONE

Periods of UA / CONF :

NJP: SCM: SPCM: CC:

Retention Warning Counseling :

Types of Documents Submitted/reviewed

Related to Military Service:
                  DD 214:          Service / 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 Representat ion :               From Congress member :

         Other Documentation :

Pertinent Regulation/Law

A. The Marine Corps Separation and Retirement Manual, (MCO P1900.16F effective 1 September 2001 until Present, paragraph 6205, ENTRY LEVEL PERFORMANCE AND CONDUCT .

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. Medical injury warrants an upgrade.
2. Change narrative reason for separation to medical.

Decision

Date: 20 10 0422 Location: Washington D.C . R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall .

Discussion

The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of g overnment al a ffairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Applicant’s record of service did not include any misconduct resulting in nonjudicial punishment or court-martial. While in boot camp, the Applicant was diagnosed with a stress fracture in his right superior pubic ramus. The Applicant was also diagnosed with adjustment disorder with depressed mood, but the department head, Mental Health Unit, Parris Island, determined separation based on mental health factors was not warranted. Based on his physical injury, his command administratively processed him for separation. When notified of a dministrative separation processing , the Applicant waived his rights to consult with a qualified counsel and submit a written statement.

Issue 1 : (Decisional) ( ) . The Applicant contends his medical injury warrants an upgrade. For the Applicant’s information, separation initiated while a member is within the first 180 days of continuous active duty will be described as an entry level separation except when the characterization of service as Under Other Than Honorable (OTH) is authorized or Honorable is clearly warranted. The Applicant had no misconduct that would rate an OTH discharge, and there were no evidence of unusual circumstances involving personal conduct and performance of military duty that would merit an Honorable characterization and which was approved on a case-by-case basis by the Secretary of the Navy. Therefore, an Uncharacterized discharge is considered the most appropriate characterization of service. The NDRB advises the Applicant that, with respect to nonservice-related administrative matters, i.e., Department of Veterans Affairs benefits, civilian employment, etc., an Uncharacterized separation shall be considered the equivalent of an Honorable or General (Under Honorable Conditions) characterization.

Issue 2 : (Decisional) ( ) . The Applicant wants his narrative reason for separation changed to medical. For the Applicant’s information, a member may be separated while in an entry level status if the member is unqualified for further service by reason of entry level performance and/or conduct, as evidenced by incapability, lack of reasonable effort, failure to adapt to the Marine Corps environment, or minor disciplinary infraction. Per the Recommendation for Discharge, Commanding Officer Notification report dated 4 August 2004, the specific basis for administrative separation was incapability due to “stress fracture right superior pubic ramus.” Having served approximately 153 days of service, the Applicant was in an entry level status. The NDRB determined the Applicant met the requirements for separation by reason of entr y level performance and conduct, and the narrative reason for separation is appropriate.

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, and medical record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative re ason for separation shall remain ENTRY LEVEL PERFORMANCE AND CONDUCT . The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of his discharge. The Applicant is directed to the Addendum, specifically the paragraphs titled Additional Reviews, Automatic Upgrades, and Post-Service Conduct .

ADDENDUM: Information for the Applicant

Complaint Procedures : If you believe 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 : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s 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. There are veterans organizations such as the American Legion and the Disable d American Veterans that are willing to provide guidance to former service members in their efforts to obtain a discharge upgrade. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted their 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 U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB. 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 NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the NDRB’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 BCNR can make changes to reenlistment codes. Additionally, the NDRB 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 is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended 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 BCNR can grant this type of narrative reason change.

Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct subsequent to leaving naval service.

Post-Service Conduct : The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. Outstanding post-service conduct, 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, is considered during Board reviews. Documentation to support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificates (if applicable); character witness statements; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card companies, or other financial institutions; attendance at or completion of higher education (official transcripts); and documentation of a drug-free lifestyle. The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate in-service misconduct was an aberration and not indicative of the member’s overall character.

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 NDRB 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

Similar Decisions

USMC | DRB | 2011_Marine | MD1101146

Original file (MD1101146.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and service record entries, and discharge process, the Board foundTherefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant remains eligible for a personal appearance hearing for a...
USMC | DRB | 2010_Marine | MD1001035

Original file (MD1001035.rtf) Auto-classification: Denied

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the...
NAVY | DRB | 2004 Marine | MD04-01211

Original file (MD04-01211.rtf) Auto-classification: Denied

Anticipated disposition of the Medical Board is: Limited Duty for 8 months.031028: Evaluation at Naval Hospital Camp Pendleton Orthopedics Clinic: left knee pain, left hip pain, pain continues. st Force Service Support Group, directed the Applicant's discharge with a general (under honorable conditions) by reason of condition not a disability. A review of the Applicant’s records indicated an honorable discharge was warranted.
AF | PDBR | CY2009 | PD2009-00678

Original file (PD2009-00678.docx) Auto-classification: Denied

Antalgic gait; Neurostimulator in place§4.71a Rating10%20%20%20%The MEB exam on 18 October 2006, four months prior to separation, indicated the CI had an antalgic gait, positive SLR, and subjective numbness to the left groin. Although the VA exam did not document antalgic gait, it met the ROM criteria for a 20% evaluation and the Board could not reasonably consider different portions of different exams for a less favorable rating. In the matter of the GERD condition, or any other medical...
USMC | DRB | 2005_Marine | MD0500851

Original file (MD0500851.rtf) Auto-classification: Denied

PART I - APPLICANT’S ISSUES AND DOCUMENTATION On 20040422, the Applicant’s Commanding Officer recommended to the Commanding General that the Applicant be discharged by convenience of the government-physical condition not a disability. The Applicant's service record did not contain any unusual circumstances during his less than 4 months in the military to warrant a change of discharge to honorable.
AF | PDBR | CY2012 | PD 2012 01437

Original file (PD 2012 01437.txt) Auto-classification: Denied

Post-Separation) All Effective Date 20020716 Condition Code Rating Condition Code Rating Exam Bilateral Inferior Pubic Ramus Stress Fractures, X- Ray Verified with Other Lower Extremity Stress Reactions on Bone Scan 5299-5010 0% Stress Fracture Left Tibia 5299-5262 0% 20021217 Stress Fracture Right Tibia 5299-5262 0% 20021217 Bilateral Pelvic Stress Fractures 5299-5255 Non Service Connected (NSC) 20021217 .No Additional MEB/PEB Entries. The PEB combined the bilateral inferior pubic ramus...
AF | PDBR | CY2012 | PD 2012 01711

Original file (PD 2012 01711.txt) Auto-classification: Denied

In the matter of the pelvic stress fracture condition and IAW VASRD §4.71a, the Board unanimously recommends no change in the PEB adjudication. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CIs disability and separation determination, as follows: UNFITTING CONDITION VASRD CODE RATING Stress Fracture of Inferior Pubic Ramus 5099-5022 0% COMBINED 0% The following documentary evidence was considered: Exhibit A. DD Form 294, dated 20120717,...
USMC | DRB | 2009_Marine | MD0901374

Original file (MD0901374.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.For the edification of the Applicant, with respect to non-service related administrative matters, i.e., Department of Veteran Affairs (DVA) benefits, civilian employment, etc., an uncharacterized separation shall be considered as the equivalent of an Honorable or General (under...
USMC | DRB | 2011_Marine | MD1100253

Original file (MD1100253.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)20001213 - 20011126Active: Period of Service Under Review: Date of Current Enlistment: 20011127Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20020108Highest Rank: Length of Service: Years Month12 DaysEducation Level: AFQT:41MOS: 9900Proficiency/Conduct Marks (# of occasions):NFIR /NFIRFitness Reports: Awards and Decorations (per DD...
USMC | DRB | 2009_Marine | MD0901234

Original file (MD0901234.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)19960725 - 19970520Active: Period of Service Under Review: Date of Current Enlistment: 19970521Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:19970611Highest Rank: Length of Service: Year(s)Month(s)21 Day(s)Education Level: AFQT:50/54MOS: 9900 Proficiency/Conduct Marks (# of occasions): /Fitness Reports: Awards and Decorations (per DD...

Search Decisions

Decision Text

USMC | DRB | 2009_Marine | MD0901752

Similar Decisions