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

ex-PFC, USMC
Docket No. MD02-01176

Applicant’s Request

The application for discharge review, received 020814, requested that the characterization of service on the discharge be changed to honorable.  The Applicant requested a personal appearance hearing discharge review before a traveling panel closes to Harrisburg, PA or a documentary record discharge review.  The Applicant did not designate a representative on the DD Form 293.  In the acknowledgement letter to the Applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel, all hearings are held in the Washington D.C. area.  The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030522.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the Applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain:  UNCHARACTERIZED/ CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

Submitted by Applicant's Mother:

Dear Council,

     Please consider the change of my son’s discharge.  He was ousted from the Marines on a Medical Problem.  P_ (Applicant) made it through Boot Camp and was attending the School of Infantry when his problem happened.  P_ (Applicant) needs to return to the structure of life the Marines gave him.  He wishes to return to active duty in the Tank Division.

     This is a young man who wishes to fight for his country and uphold her freedom.  Since being home he has encouraged once of his classmates to join.  He leaves in August for Parris Island.  As a parent I am hoping P_ (Applicant) will return to the Marines by the time he leaves boot camp so maybe they can maybe over the next six years see ach other and have that special band Marines have with each other.

     P_ (Applicant) was really gun ho when he received his orders for the School of Infantry at Camp Geiger.  He left on Aug 27, 2001 and then 6 or 7 weeks into it was in MRP till December 4, 2001.  Since being home 99% of the household conversation is about the Marines.  Please return this young man to the Marines we dare not watch the news because I cannot relax.  If he hears anything about his beloved Marines he is off.

     Growing up in my home war & fighting were kept to a minimum.  Have so many of my relations in the other branches and in the wars from WWII, Korean, Vietnam, Iran, P_ (Applicant) is and always will be Our Families' first Marine.  It is in blood to fight for freedom, tro protect our homelands.  P_ (Applicant) has a desire and perhaps a goal in his life.  He wants to make a career out of the Marines.

     Even today he marches about saying those chants.  P_ (Applicant) still does sit ups etc.  I remember when we first met each other on parents day, I took one look in this young mans eyes and knew without spoken words I had taken Second Place in his life.  P_ (Applicant) was so excited to be the First Marine.  His love for the Marines dates back to forever.

     Please allow him to returns to the marines (yesterday would have been nice.) (Ha Ha)  If he cannot return s Ingatry because of his knew than please try to find him a place.  He proved he was strong.  P_ (Applicant) made it through Boot Camp and the Crucible in his 12 weeks.  P_ (Applicant) was not detained in anyway.  He finished on time.  Why can you not find a place for him.

     P_(Applicant) is willing to do whatever it takes to return to P.F.C. Marine status.  Yes he was promoted right before Thanksgiving.  If you are good enough to be promoted when why can he not be good enough to return.  When P_ (Applicant) as very small I quietly made him a promise to always be there to back and support him.  I think by now you can tell the service was not my first choice for P_ (Applicant).

     P_ (Applicant) however wanted it and still desires to return so as a Mother I am doing my part.  Yes Marines I love him very much.  P_(Applicant) has a love for the Marines that only someone with a desire to be the best at who you are could have.  He has a drive to push himself for the Marines like none I've ever seen.

     As a Mother who loves her only child, I have seen this drive become almost an obsession.  I feel as his mother I know where its from.  You want to be somewhere or someone and you taste it.  I pray to the Lord that you find it in your hearts and realize a young Marine want to return.  I feel P_(Applicant) would accept whatever came his way.  P_(Applicant) will give the Marines the 120% to get the job done.

     Please see if you can help me.  P_(Applicant) really wants Tank Division, but he wants Active Duty and wishes to return for a Career.  Thank you for taking the time to read this and hopefully you will take it under careful consideration and allow him o return.  I as his mother await your answer.  Please let it be first among your priority.

Thanks again.  Semper Fi, A Marines Mother, (Signed L_ A. B_)  God Bless you all.

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

2 Copies of DD Form 215
Letter from Applicant's Mother (L_ B_) undated
Copy of DD Form 214
Millennium Orthopaedic, LTD, report dated Sep 10, 2002
20 pages of Applicant's service record book/medical record

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive: USMCR(J)		010312 - 010521	COG

Period of Service Under Review:

Date of Enlistment:  010522	Date of Discharge:  011204

Length of Service (years, months, days):

	Active:  00  06  13
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  57

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.1 (2)		Conduct:  4.1 (2)

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Marksman Badge

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED/ CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority:  MARCORSEPMAN Par. 6203.2.

Chronological Listing of Significant Service Events:

010913:	Counseled for deficiencies in performance and conduct [your diagnosed physical condition not a disability, Knee injury, and any resultant or aggravated condition which interfere with the effective performance of your duties].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

011001:	Applicant notified of intended recommendation for discharge with an uncharacterized service by reason of convenience of the government for a physical condition not a disability.

011001:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

011119:	CO, NAVHOSP Camp Lejeune Separation Recommendation:  Applicant's evaluation and treatment plan reviewed.  Pt is a 20 year old male with a history of Right Knee Pain due to Patellofemoral Syndrome.  His symptoms developed during boot camp.  His condition has failed to improve despite treatment with prolonged light duty and medications.  Pt refuses further treatment and evaluation.  He has waived his rights to a physical evaluation board after counseling and is recommended for an administrative separation for Right Knee Pain due to Patellofemoral Syndrome.

011120:	Commanding Officer, Headquarters and Support Battalion, School of Infantry, Training Command, Camp Lejeune recommended discharge with an uncharacterized service by reason of convenience of the government for a condition not a physical or mental disability.  The factual basis for this recommendation was due to PFC B_ (Applicant) possesses a medical condition (Right Knee Pain due to Patellofemoral Syndrome) which is so severe as to impair his ability to complete his required entry level training.  Consequently, PFC B_ (Applicant) does not posses the physical ability to continue active service in the Marine Corps.

011130:	GCMCA [CO, School of Infantry, Camp Lejeune, NC] directed the Applicant's discharge with an uncharacterized service by reason of physical condition not a disability.

020530:	DD Form 215 issued changing the reenlistment code to RE-3P.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 011204 with an uncharacterized service by reason of convenience of the government due to condition not a physical or mental disability (A).  The Board presumed regularity in the conduct of governmental affairs (B).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

By regulation, members administratively processed within the first 180 days of enlistment are given characterization of services as “Uncharacterized” unless there were unusual circumstances regarding performance of conduct which would merit an “honorable” characterization.  The Applicant’s service record did not contain any unusual circumstances during his six months in the military to warrant a change of discharge to “honorable.”  Relief denied.  The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, civilian employment, educational pursuits, etc., an uncharacterized separation shall be considered the equivalent of an honorable or general (under honorable conditions) discharge.

Concerning the Applicant’s reenlistment, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Marine Corps or any other branch of the Armed Forces.  However, neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  A request for waiver is normally done during the processing of a formal application for enlistment through a recruiter.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 18 Aug 95), paragraph 6203, CONVENIENCE OF THE GOVERNMENT

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT

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 Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive 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 Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.af.mil”.   

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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023