DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 342-20  
Ref: Signature Date  

From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  

Ref: (a) Title 10 U.S.C. 1552 

Encl: (1) DD Form 149
       
1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to change her narrative reason for separation to disability. 

2.  The Board, consisting of                                                                                reviewed Petitioner's allegations of error and injustice on 5 March 2020, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of the naval records, and applicable statutes, regulations, and policies.   

3.  The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows:

     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  

     b.  Petitioner entered active duty with the Marine Corps Reserve on 25 June 2001.  She was dropped from training to the Medical Rehabilitation Platoon on 27 August 2001 for a left wrist fracture.  Prior to her fracture, records indicate Petitioner was motivated and performing within standards.  Despite months of rehabilitation, Petitioner continued to suffer pain symptoms related to her left wrist fracture that prevented her from resuming basic training.  As a result, she was recommended for administrative separation due to her inability to train.  On 12 December 2001, Petitioner was discharged with an uncharacterized entry-level separation due to entry-level performance and conduct. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an error partial warranting relief. Specifically, the Board determined that Petitioner was erroneously discharged for entry level performance and conduct since there is no evidence she failed to perform her duties when medically able to do so.  Therefore, based on the 19 November 2001 medical determination to place her on light duty and recommend her for administrative separation, the Board concluded Petitioner’s left wrist pain symptoms was a temporary physical condition that interfered with her ability to complete basic training but did not constitute a physical disability.  As a result, they concluded her narrative reason for separation should be changed to Physical Condition Not a Disability. 

The Board determined the preponderance of the evidence did not support a finding that Petitioner was unfit for continued naval service due to a qualifying disability condition.  While the Board noted Petitioner was unable to complete basic training, they felt her left wrist condition was not permanent and would have healed sufficiently with time had the Marine Corps felt it was in the best interest of the government to retain her. 

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 

Petitioner’s naval record be corrected by changing Petitioner’s narrative reason for separation to Condition, Not a Disability along with associated changes to her separation authority and separation code consistent with the change to her reason for separation.  A new DD Form 214 will be issued to Petitioner.  

4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 

5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 


3/10/2020