ex-PFC, USMC
MD06-00973

Current Discharge and Applicant’s Request:

Application Received:  				20060713
Narrative Reason for Separation:			
Character of Service:				
Discharge Authority:				MARCORSEPMAN PAR 6203.2
Last Duty Assignment/Command at Discharge:	SACO SOI TRNG CMD CAMP LEJEUNE NC

Applicant’s Request:
	Narrative Reason change to: 		none requested
	Characterization change to:		
	Review Requested:			
Representation:  					 designated

Decision:

Date of Decision:					20070523
The Discharge shall remain:			
						
Regarding propriety, the Board found the discharge:	
Regarding equity, the Board found the discharge:	

Vote (characterization/reason)			/ 
Location of Board:				Washington D.C.
Complete Service Record:				
Complete Medical Record:			
Discharge Package Complete:			

Summary of Service:

Prior Service:
Inactive: USMCR (DEP)				20010723 - 20011112	COG
Active:   NONE

Period of Service Under Review:
Date of Enlistment:  				20011113
Years Contracted:  				;        
Date of Discharge:				20021029
Length of Service:				00  Yrs  11  Mos  17  Days
Time Lost During This Period:			      

Education Level:  				
Age at this Enlistment:  				
AFQT:  						40

MOS:						9900
Highest Rate/Rank:				PFC
Proficiency / Conduct (number of marks):		4.0 (2)	3.9 (2)
Awards and Decorations (as listed on the DD Form 214):  RIFLE MARKSMAN BADGE

Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

20011113:	Applicant received waiver for weight.

20020520:	Counseled concerning your injury (hip pain) which caused you to be dropped from training on (020520) from (AITB).  Necessary corrective actions explained, disciplinary and discharge warning issued.

20020917:	NJP for violation(s) of UCMJ:
	Article 107:  On or about 0730, 20020801, with intent to deceive, write in the Sports Medicine logbook he signed in at 0730 and signed out at 0840, which was false.
	Award:  Forfeiture of $257.00 for 1 month, restriction and extra duty for 14 days.
	Not appealed.

20020917:	Counseling:  Advised of deficiencies in performance and conduct (Your violation of Article 107 for making a false official statement.), necessary corrective actions explained and sources of assistance provided, disciplinary and discharge warning issued.

Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation

20020515:	Camp Geiger SIC evaluation.  (Applicant) complains of left hip x 2 weeks.  Pt states he first noticed his hip pain when he was doing a run.  He felt a pop with audible clicking after that day.  He states that his pain has been getting worse everyday.  
	Assessment:  1. Hip Flexor tendonitis.  2.  Snapping hip syndrome.

20020522:	Applicant referred to Sports Medicine Clinic for evaluation and treatment.

20020522:	Sports Medicine Clinic evaluation.  
	Assessment:  Left greater trochanteric bursitis.

20020622:	Abbreviated Limited Duty Medical Board Report:
	Diagnosis:  Left hip (illegible) bursitis
	Treatment plan:  1. PT/Sports medicine.  2. RTR program.
	Limitations:  No run/PT/PFT.  No Hike.
	Period of limited duty:  8 months.

20020701:	Follow up at Sports Medicine Department.  	
	Impression:  1. Left GT Bursitis – improving s/p steroid injection.  2. Possible snapping hip syndrome.

20020711:	Follow up at Physical Therapy Clinic.  The patient (Applicant)…states he is currently pain-free…only has pain after prolonged standing or walking.  
	Assessment:  Resolving left lateral hip pain.
	Plan:  1. Light duty x 14 days.  2.  Physical therapy treatment…3.  Motrin…4. …follow-up with BAS….hip x-rays.  5.  Follow-up in this clinic in two weeks.
	Goals:  Eliminate pain and tenderness, and return to Full Duty within two to four weeks.

20020724:	Follow up evaluation at Smart Center, Camp Geiger.  
	Impression:  1. Left GT Bursitis.  2. ? Snapping hip syndrome.  
	Plan:  Start Hip MOBEX.

20020828:	Follow up evaluation at Smart Center, Camp Geiger.  
	Impression:  1. GT bursitis chronic.  2. Snapping hip syndrome.  
	Disposition:  Recommend admin separation.  Condition not improved despite adequate rest, rehab, and other medical measures.  No further eval/treatment needed/available.  Recommend AdSep for physical condition not considered a disability.

20020828:	Commanding Officer, Naval Hospital, Camp Lejeune, letter to Commanding Officer, School of Infantry.  Applicant “strongly recommended for an administrative separation for a physical condition not a disability.”

Elements of Discharge:  

Discharge Process:				NOTIFICATION PROCEDURE
Date Notified:					20021003
Basis:						CONVENIENCE OF THE GOVERNMENT									due to:	
Least Favorable Characterization:			
Commanding Officer’s Intended Recommendation:	
Record Supports Narrative Reason:			

Date Applicant Responded to Notification:		20021003
Rights Elected at Notification:
Consult with Counsel			
Administrative Board			NOT APPLICABLE
Obtain Copies	  			
Submit Statement(s)		 (NDRB note:  Despite waiving right to submit a statement, Applicant submitted handwritten statement dated 20021003 which was forwarded to the Separation Authority.)

Recommendation of Commanding Officer (date):	 (UNDER HONORABLE CONDITIONS) (20021003)
SJA review (date):				NOT REQUIRED     
Discharge directed by (date):			COMMANDING OFFICER, SCHOOL OF INFANTRY (021009)
Narrative reason directed:				
Characterization of directed:			 (UNDER HONORABLE CONDITIONS)
Date Applicant Discharged:			20021029 

Additional Information Considered by Board

Type of documentation submitted by the Applicant and considered by the Board
       
       	Document Type					#Pages
       Related to Period of Service:
	Service/Medical Record:				88
	Other Period of Service:				0
       Related to Post-Service Period:
	Community Service:				0
	Education:					0
	Employment:					0
	Health/Medical:					0
	Character Statements:				0
	Criminal Records Checks:				0
	Additional Statements from Applicant:		0
        Other Documentation	 (Describe Below)		0

        Total Number of Pages:				88

       Description of Other Documentation:  None            

Discussion

Propriety and Equity
There is a presumption of regularity in the conduct of Government affairs.  This presumption will be applied in any review unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

When the service of a member of the U.S. Marine Corps has been honest and faithful, it is appropriate to characterize that service as honorable.  A general discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record.  The Applicant’s service was marred by 2 counseling entries and a nonjudicial punishment proceeding for violation of Article 107 of the UCMJ.  The NDRB advises the Applicant that violation of Article 107 is considered a serious offenses for which a punitive discharge is authorized if adjudged at a special or general court-martial.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, falls short of that required for an upgrade of his characterization of service.  Relief is not warranted.

Applicant’s Issues:
1.  Desire GI Bill to further education.

The Board determined that  which can form the basis of relief for the Applicant or that the Board did not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to the Addendum regarding this issue.  

Minority Opinion

None.

Pertinent Regulation/Law

A.  Marine Corps Separation and Retirement Manual, (MCO P1900.16F, effective 01 September 2001 and Present), paragraph 6203, CONVENIENCE OF THE GOVERNMENT

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.

C.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 107, False official statements.