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

FOR OFFICIAL USE ONLY

ex-PFC, USMC
Docket No. MD06-00871

Applicant’s Request

The application for discharge review was received on 20060614.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record discharge review.  The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20070329.  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 but the Board did vote 3 to 2 to change the narrative reason.   The discharge shall be changed to: UNCHARACTERIZED/CONDITION NOT A DISABILITY, authority: MARCORSEPSMAN 6203.2, Separation Code “JFV1.”

The NDRB did note administrative error(s) on the original DD Form 214.  Block 4a, Grade, Rate or Rank, should read:  “PFC.” The Commandant, Headquarters USMC, Quantico, VA, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

Equity – Basis for discharge

Documentation

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

Applicant’s DD Form 214 (Member 4) (2)
2 Pages from the Applicant’s Service Record 
Letter of Recommendation from L_ R_ B_, Ph.d., dtd October 13, 2006
Character Reference ltr from S_ P_, Professor, dtd September 21, 2006

PART II - SUMMARY OF SERVICE

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

	Inactive:  USMCR (DEP)	20041027 - 20041229	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20041230		Date of Discharge:  20050708

Length of Service (years, months, days):

Active:    00  06  09  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  21

Years Contracted:  4 

Education Level:  12				AFQT:  49

Highest Rank:  PFC				MOS:  9900

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  NA*		Conduct:  NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  None

*Not Applicable

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:

050524:	Senior Medical Officer, Sports Medicine Clinic, BMC, MCRD, PI SC:
	The subject member (Applicant) has a medical condition which interferes with his ability to remain on active duty due to an inability to complete his run/walk program and ultimately his Marine Physical Fitness test.  He has been placed on MRP for 4 months, given maximum physical therapy, and the symptoms have not resolved.  It is not considered a disability, however it represents a condition which may be unsuitable for active duty.  Then member’s specific condition is patellofemoral pain syndrome.  In light of the above, it is recommended he be administratively separated by reason of Convenience of the Government.

050624:	Applicant notified of intended recommendation for discharge by reason of entry level performance and conduct.  The factual basis for this recommendation was incapability due to torn meniscus & ITBS, PFS.

050624:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

050708:	Commanding Officer, Recruit Training Regiment, MCRD SC,  approved recommendation for separation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050708 with an entry level separation (uncharacterized) due to entry level performance and conduct (A).  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 (B and C) but the Board voted 3-2 to change the narrative reason.  

Narrative reason – The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted.  Whenever a Marine's performance deteriorates or has an adverse effect on others in the unit, Commanding Officers and subordinate leaders will try to determine the cause.  When the command suspects a physical condition interferes with the Marine's effective performance of duty, the Marine should be referred to the appropriate medical authority.  If examination by a medical officer confirms that the Marine is suffering from a physical condition apparently beyond the individual's control and indicates that the condition is not a disability the command should initiate separation proceedings.  In the Applicant’s case, a medical officer diagnosed the Applicant with a medical condition that was not considered a disability but represented a condition which was unsuitable for active duty (incapability due to torn meniscus).  While the Applicant met the criteria for discharge under MARCORSEPMAN 6205, entry level performance and conduct, a majority of the Board members decided that the Applicant also met the criteria for discharge by reason of “condition not a disability”, MARCORSEPMAN 6203, and that this narrative reason was more appropriate in this specific case.  The Board voted 3-2 to change the narrative reason to condition not a disability.

Equity – Basis for discharge:  The Applicant contends that his discharge should be upgraded to honorable because he was discharged for medical conditions.

By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service.  The Applicant was notified of the intended recommendation for discharge on the 176th day of his active duty service.  Unless there were unusual circumstances regarding a servicemember’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 his less than 7 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, educational pursuits, and especially civilian employment, an uncharacterized separation is 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 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.

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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  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”.

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