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

 ex-PFC, USMC
Docket No. MD04-00977

Applicant’s Request

The application for discharge review was received on 20040525.  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 20041022.  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/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 was based on a non-medical condition.  I had one Heat exaustion, not two.  The second event was only stress and did not present any of the symptoms of Heat exsaustion.  I have taken years to write this Form because I did not Know that it was available.
Thank you For your time.

P.S. My Service lasted over 180, exactly 186, days.”

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		000317 - 000409	COG

Period of Service Under Review:

Date of Enlistment:  000410		Date of Discharge:  001013

Length of Service (years, months, days):

	Active:  00 06 04
	Inactive:  None

Age at Entry:  18			Years Contracted:  5

Education Level:  12			AFQT:  71

Highest Rank:  PFC			MOS:  9900

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.2 (1)		Conduct:  4.2 (1)

Military Decorations:  None

Unit/Campaign/Service Awards:  RMB

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:

000731:	Medical Treatment:  Applicant being seen for dehydration and heat exhaustion.
	Temporary recommendations:  sick-in-Quarters for 48 hours.

000801:	Medical Evaluation:  18 y/o male presents f/u dehydration/heat exhaustion headache, fever and dizziness.  Applicant denies use of tobacco.  F/u on 000803 for lab work.  

000802:	Counseled concerning following deficiencies, specifically: heat exhaustion.  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000824:	Medical Evaluation:  19 y/o male with complaints of lightheadedness for 30 days, vomiting after eating and can’t hold down food and throws up all liquids.  Applicant states sinus and chest congestion.  Applicant had 7 episodes of chills, sweats, fever, and mild headaches.
	Recommendation:  Increase fluids.    

000824	Counseled concerning following deficiencies, specifically: heat injury.  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.  

000824:	Applicant notified of intended recommendation for discharge by reason of physical condition not a disability.

000824:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

000829:	Medical evaluation by Commanding Officer, Naval Hospital, Camp Lejeune:  Private S_ (Applicant) is an 18 year old male who has had two heat related injuries since arriving at the School for Infantry.
	Recommendation:  Private S_ (Applicant) will be unable to complete the training required to continue on active duty.  He has waived his rights to a Physical Evaluation Board after counseling.  He is recommended for an administrative separation for recurrent heat injuries.

001003:	Commanding officer recommended discharge from the Marine Corps by reason of convenience of the government due to a condition not a disability based on the provisions of paragraph 6203.2 of the reference.  The factual basis for this recommendation was a medical condition (recurrent heat injuries), which is so severe as to impair his ability to complete his required entry level training; consequently, PFC S_ (Applicant) does not possess the physical ability to continue active service in the Marine Corps.  

001011:	Commanding Officer, School of Infantry, Marine Corps Schools, Camp Lejeune, directed the Applicant's discharge with an uncharacterized discharge by reason of physical condition, not a disability, which interferes with the performance of duties.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000410 with an uncharacterized discharge by reason of convenience of the government due to condition not a physical or mental disability (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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 (C and D).

Issue 1.    In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable.  Specifically, the Applicant alleged that his discharge was “inequitable because it was based on a non-medical condition.”  The record shows that the Applicant was evaluated by Medical personnel at Camp Lejeune on 2 occasions for heat injuries.  The Commanding Officer, Naval Hospital Camp Lejeune recommended that the Applicant be administratively discharged for recurrent heat injuries based upon the determination that the Applicant would be unable to complete training required to remain on active duty.  Further, the Applicant waived his rights to a Physical Evaluation Board.  The record contains no evidence of any wrongdoing anyone in the discharge processing.  The Board presumes regularity in the conduct of governmental affairs in the absence of persuasive evidence to the contrary.  As such, this Board presumed that Applicant’s discharge was regular in all respects.  Relief denied.  

Issue 2.  The Applicant entered the Marine Corps on 000410 and was notified of the intent to discharge him by reason of convenience of the government on the basis of a physical condition not a disability on 000824, the 136th day of the Applicant’s time in service. For purposes of characterization of service or description of separation, the member’s status is determined by the date of notification as to the initiation of the separation proceedings.  By regulation, members discharged 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.  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."  

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 other evidence related to his discharge at that time.  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 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