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

 ex-PFC, USMC
Docket No. MD04-00680

Applicant’s Request

The application for discharge review was received on 20040317.  The Applicant requests the 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 20041015.  After a thorough review of the available 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/CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “My discharge was inequitable because it does not state that my service was honorable nor does it say why it was not.”

2.  “My request is that my uncharacterized characterization be changed to honorable because there is no evidence of my enlistment being anything other than honorable.  My medical records will show that prior to enlistment my physical condition was prime and prior to discharge it was less than acceptable for Marine Corps standards, which is why I was discharged (because of service connected disabilities) I now receive 20% compensation.”

Documentation

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

Department of Veterans Affairs Letter dated 030627, 2 pages
Applicant’s statement written at Naval Hospital Camp Lejeune, 2 pages
12 pages from Applicant’s medical record
Applicant’s DD Form 214, 2 copies

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		001011 - 001112	COG

Period of Service Under Review:

Date of Enlistment:  001113		Date of Discharge:  010808

Length of Service (years, months, days):

	Active:  00  08  27
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  64

Highest Rank:  PFC			MOS:  9900

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  NMF		Conduct:  NMF*

*No marks found

Military Decorations:  None

Unit/Campaign/Service Awards:  None

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:

010130:	SF 600 entry:  Diagnosed ankle sprain.

010306:	Counseled concerning following deficiency:  Diagnosed physical condition not a disability, cellulites and any resultant aggravated condition which interferes with the effective performance of your duties.

010312:	SF 600 entry:  Diagnosed soft tissue injury.

010404:	SF 600 entry:  Diagnosed 1st degree ankle sprain.

010411:	Counseled concerning following deficiency:  Diagnosed physical condition not a disability, right foot injury and any resultant aggravated condition which interferes with the effective performance of your duties.

010419:	SF 600 entry:  Diagnosed 1st degree ankle sprain (mild), bunions.  Podiatry referral.

010425:	SF 600 entry:  Diagnosed bunion, mild cavas foot, skew foot, inversion sprains.  Advise admin sep.  EPTE foot type.  Longstanding pain interferes with standard training activities.

010516:	Ltr from Naval Sports Medicine and Podiatry Clinic, Camp Geiger indicates administrative separation pending.

*Applicant’s discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010808 with an uncharacterized discharge due to a condition not a disability (A).  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this, the Board found that the discharge was proper and equitable (B and C).  The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).    

Issues 1-2.  By regulation, members notified of administrative separation proceedings within the first 180 days of enlistment are given characterization of service "Uncharacterized" or entry-level separation unless there were unusual circumstances regarding performance or conduct, which would merit an "honorable" characterization.  The Applicant was advised on April 25, 2001 (within the first 180 days of enlistment) of the pending administrative discharge.  The Applicant’s service record did not contain any unusual circumstances during her less than nine months in the military to warrant a change of discharge to "honorable."  

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.  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 until 31 Aug 2001), 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 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

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