ex-, USMC
MD07-00098

Current Discharge and Applicant’s Request

Application Received:  20060829 	Characterization Received:  
Narrative Reason:  CONDITION NOT A PHYSICAL OR MENTAL DISABILITY Authority:  MARCORSEPMAN 6203.2

Applicant’s Request:	Characterization change to:    
			Narrative Reason change to: 
Applicant’s Issues:	1. Applicant did not receive her final paycheck or settlement.
			2. Applicant did not realize she was signing away an Honorable Discharge.
			3. Applicant was discharged for medical reasons not because she was a bad Marine and therefore the 
			Discharge should be Honorable. 

Decision

By a vote of  the Characterization shall  .	
By a vote of  the Narrative Reason shall  CONDITION NOT A PHYSICAL OR MENTAL DISABILITY.

Date:  20070830       Location:  Washington D.C.  The Board found that 

Discussion

Issue 1:   either  which the Board cannot form the basis of relief for the Applicant, or  the Board does not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to contact DFAS Kansas City, 1500 East 95th Street, Kansas City MO 64197-0001.

Issues 2 &3: ().   Upon enlistment, a member qualifies for “entry-level” status during the first 180 days of continuous service.  Per MCO P1900.16E, Chapter 1, Section 1003 (Types of Separations), and Entry Level Separations is characterized by “Uncharacterized”. Per MCO P1900.16E, Chapter 6, Section 6203 (Convenience of the Government), para 2 (Physical Condition Not a Disability)  if 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, Involuntary Administrative Separations may proceed.  The Applicant was diagnosed with a condition, which failed to respond to medicine, light duty and therapy, by competent medical authority.  Competent medical authority recommended and administrative separation for right leg pain due to stress related injury and the Applicant waived her rights to a Physical Evaluation Board.  Due to the fact that the Applicant was notified of Administrative Separation Proceedings within the first 179 days of her service, and the Applicant acknowledged the least favorable characterization of discharge could be an Uncharacterized characterization (without consent with counsel),  this discharge remains within the Service Entry Level criteria.  Per MCO P1900.16E, Chapter 1 Section 1004 (Characterization of Service), para 5 (Uncharacterized Separations), an uncharacterized separation shall be considered as the equivalent of an honorable or general (under honorable conditions) characterization.   

Summary of Service

Prior Service:
Inactive: USMCR (DEP)	20000412 - 20000625  	Active:   
Period of Service Under Review:
Date of Enlistment: 20000626	Years Contracted:  ; Extension:    	Date of Discharge:  20010131
Length of Service:  00  Yrs  07  Mths  06  Dys	Lost Time:  Days UA:    Days Confined:  
Education Level:  	Age at Enlistment:  	AFQT:  42	MOS:  9900  Highest Rank:  
Proficiency/Conduct marks (# of occasions):	3.7(2)/3.7(2)	Fitness reports:   
Awards and Decorations (per DD 214):  RIFLE MARKSMAN BADGE

Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge

20001024:	MARCORSEPMAN 6105 counseling for stress fracture in right leg.

20001024:	Applicant presented Notification of Separation Proceedings

20001227	Medical Record:  Reason for visit:  Evaluation and treatment plan for right leg pain due to stress related injury, right tibia.
	Diagnosis:  Right leg pain due to stress related injury, confirmed by bone scan.
	Recommendation:  Administrative separation for right leg pain due to stress related injury, right tibia, DNEPTE.
20010117:	Administrative Separation Proceedings conducted.

Discharge Process

Date Notified:	20001024
Basis for Discharge:	
Least Favorable Characterization:	
Commanding Officer’s Intended Recommendation:	

Date Applicant Responded to Notification:		20001024
Rights Elected at Notification:
	Consult with Counsel			
	Obtain Copies of Documents		
	Submit Statement(s) (date)			
	Administrative Board			

Commanding Officer Recommendation (date):	 (20010117)
SJA review (date):	
Separation Authority (date):	COMMANDING OFFICER, SCHOOL OF INFANTRY, TRAINING COMMAND, CAMP LEJEUNE (20010120)
              Basis for discharge directed:	PHYSICAL CONDITION, NOT A DISABILITY
              Characterization directed:	
Date Applicant Discharged:	20010131

Types of Documents Submitted by Applicant and Considered By Board

Related to Military Service:	Service and/or Medical Record:  		Other Records:  

Related to Post-Service Period:  	
	Employment:  			Finances:  			Education: 		
	Health/Medical Records:  		Substance Abuse:			Criminal Records:  	
	Family/Personal Status: 		Community Service:  		References:  		
	
Additional Statements From Applicant:  	From Representative:    
Other Documentation (Describe)       

Pertinent Regulation/Law

A.  Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 18 Aug 95 until 31 Aug 2001), 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.

ADDENDUM:  Information for the Applicant

Complaint Procedures:  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 to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC  20301-4000.  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.”

Additional Reviews:  Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the 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.  If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits:  The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board.  There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Employment/Educational Opportunities:  The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  

Reenlistment/RE-code:  Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Medical Conditions and Misconduct:  DoD disability regulations do not preclude a disciplinary separation.  Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons.  Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended.  The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record.  Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.”  Only the Board for Correction of Naval Records can grant this type of narrative reason change.  

Automatic Upgrades - There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  

Issues Concerning Bad-Conduct Discharges (BCD) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief.  With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency.  Clemency is an act of leniency that reduces the severity of the punishment imposed.  

Board Membership:  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