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

 ex-PVT, USMC
Docket No. MD03-01062

Applicant’s Request

The application for discharge review was received on 20030528.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a personal appearance discharge review before a traveling panel closest to Nashville, TN.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area.  Additionally, the Applicant was advised the NDRB first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040812.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain:  UNCHARACTERIZED/ENTRY LEVEL PERFORMANCE AND CONDUCT, authority: MARCORSEPMAN Par. 6205.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

Issue 1:  “To: Military Review Board

From: J_ S. W_ (Applicant)

RE: DD 214 Up-Grade Request

I J_ S. W_ (Applicant), social security number (social security number deleted) request my Military Discharge Document DD 214 be up-graded to Honorable based upon the following documented evidence:

In December 2001 I was released and cleared for full duty by my orthopedic surgeon who did my Orthroscopic surgery in 1998.  (SEE ENCLOSED RELEASE)  In December 2001 I was processed through MEPS and was cleared for enlistment. (SEE ENCLOSED MEPS PHYSICAL) I enlisted in good faith to serve my country proud.

I was discharged for a Medical Condition Not for for Entry Level Performance and Conduct, As you know my medical condition was the reason I could not perform Physical Training as required by Military Basic Training Regulations.  Poor or Bad Conduct never entered into the equation.

Thanks in advance for correcting this major DD 214 error.

J_ S. W_ (Applicant)”

Documentation

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

Applicant’s DD Form 214
Evaluation, dated December 26, 2001
Job/character reference, dated March 5, 2003
Job/character reference, dated March 6, 2003

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR (J)		020107 - 020630	COG

Period of Service Under Review:

Date of Enlistment:  020701		Date of Discharge:  020913

Length of Service (years, months, days):

	Active:    00  02  13
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  45

Highest Rank:  PVT

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  NMA*			Conduct:  NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

*No marks assigned.

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

UNCHARACTERIZED/ENTRY LEVEL PERFORMANCE AND CONDUCT, authority:  MARCORSEPMAN Par. 6205.

Chronological Listing of Significant Service Events:

020802:	NAVHOSP, Beaufort, SC: Applicant with complaint of right knee pain.

020812:	NAVHOSP, Beaufort, SC: Assessment: Right knee tendonitis.

020814:	Consultation sheet: Applicant with right knee pain due to twisting injury for 2 weeks.  Provisional Dx: R internal derangement, rule out partial ACL tear.

020814:	NAVHOSP, Beaufort, SC: Assessment: Right internal derangement.

020814:	NAVHOSP, Beaufort, SC: Assessment: Right knee pain. EPTE.  History of Arthroscopy.  P: To sports medicine.

020820:	Medical Entry: MRI of right knee.  Impression: 1) Finding consistent with an ACL tear from it’s femoral attachment.  2) Findings suggestive of previous medial meniscal repair.  3) Area of marrow edema in the proximal tibia anterior to the posterior cruciate insertion, probably enthesopathic change.  4) Minimal joint effusion.

020827:	NAVHOSP, Beaufort, SC: Present sports medicine due to follow up for right knee evaluation.  

020906:	Medical Disposition Officer: Applicant qualified for discharge.

020913:	DD Form 214: Applicant discharged with an uncharacterized (entry level separation) by reason entry-level performance and conduct.

Applicant’s discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020913 with an uncharacterized due to entry-level performance and conduct (A).  In the absence of a discharge package, the Board presumed regularity in the conduct of governmental affairs (B) and, after a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (C and D).

Issue 1:  By regulation, members discharged within the first 180 days of enlistment are given a service characterization of “Uncharacterized” unless there were unusual circumstances regarding performance or conduct, which would merit an “honorable” characterization.  The Applicant’s service record did not contain any unusual circumstances during his two months and thirteen days in the military to warrant a change of discharge to “honorable.”  After receiving the full extent of conservative medical care the Applicant failed to recover sufficiently in order to carry out his military duties.  He could no longer meet the minimum physical qualifications for military service and was appropriately released from his service obligation.  Relief denied.  

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

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