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

 ex-Cpl, USMCR (K)
Docket No. MD04-01177

Applicant’s Request

The application for discharge review was received on 20040714.  The Applicant requested the characterization of service received at the time of discharge be changed to honorable.  The Applicant requested a personal appearance hearing before the board in the Washington, D.C. Metropolitan area.  The Applicant did not list a representative on his DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050118 instead of the requested personal appearance.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discovered no impropriety but did detect an inequity in the characterization of the Applicant’s service.  The Board’s vote was unanimous that the characterization of the discharge shall be changed to:  HONORABLE/Convenience of the Government, Disability Existed Prior To Service, authority: MARCORSEPMAN Par. 8404.
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“Dear Members:

Please accept this correspondence as an attachment to DD Form 293 outlining the basis for my request for a change in the characterization of my service with the U.S. Marine Corps Reserve between 12 April 1986 and 7 August 1989.  I also look forward to answering the Board’s questions, either in person or in writing.

Section One - Statement of Facts

I am seeking a change of characterization of my service.  Upon my separation, I received a General Discharge Under Honorable Conditions.  I am respectfully requesting the Board to change the Characterization of Service to reflect an Honorable Discharge.

My final discharge indicates that I was found “not physically qualified.” A naval medical board determined that I was unfit for service because of flat feet and mild bow legged deformity.  My discharge was not based on misconduct, negligence, unauthorized absence, unsatisfactory performance of duty, or the failure to meet any other minimum standard.  Essentially, the discharged was based on factors that were beyond my control.

The medical issues came to light after suffering several injuries while playing college soccer in September 1986.  Only two months after completing recruit training and one month after arriving at college I broke my left ankle playing for my college soccer team.  This injury further aggravated a previous torn ligaments injury.  Later in 1988, I suffered a serious sprain to the same ankle that likely resulted because of the previous injury.  Although I continued to meet the Marine Corps’ physical fitness standards, I experienced pain during training (and during soccer).  In fact, I stopped playing college level soccer after suffering the broken left ankle.

With the assistance of my unit, I was evaluated at Camp Lejeune, North Carolina.  It was at that time that I was evaluated with mild bow legged deformity and a mild case of flat feet.  According to the doctor who conducted my evaluation, these seemingly minor issues might be aggravated by other injuries such as the torn ligaments and broken ankle.

Although I was not physically qualified for continued service, I never engaged in any conduct that was inconsistent with honorable service.  In fact, the matters relating to my service in the Marine Corps Reserve that were within my control, such as my proficiency and conduct, attendance, discipline, completion of training as required, completion of educational courses (not required but helpful with promotion) and physical fitness tests, were completed to the best of my ability and within or above Marine Corps standards.  Despite these facts, upon my separation my characterization of service was described as General Under Honorable.

I am seeking to change my characterization of service to Honorable for the following reasons: (1) the equities justify a change; and (2) a change of characterization of service to “Honorable” will reflect the standards of DOD Directive 1332.14 and the Marine Corps Separation Manual Section 1004.

I acknowledge that it is important to recognize and distinguish service members who served honorably and that undeserving Marines receive no higher characterization than is due.  At the same time, it is also important to recognize the honorable service of Marines who served within or above the standards of the Marine Corps but were discharged for reasons beyond their control.  A review of my Official Military Personnel File reflects that my service met and exceeded the standards set by the Marine Corps for Honorable Service.  Therefore, I respectfully ask this Board grant my request and change my characterization of service to Honorable.”

Documentation

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

Applicant’s brief to the Board, Section One: Statement of Facts, Section Two: Service Record, Section Three: Chronological Order of Relevant Facts, Section Four: Information about Conduct During Service, Section Five: Applicable Regulations, Section Six: Subsequent Military Service and Conduct in the Civilian World

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: None

Period of Service Under Review:

Date of Enlistment:  860412			Date of Discharge:  890807

Length of Service (years, months, days):

	Active:    00  05  00
	Inactive:  02  10  28

Age at Entry:  17 Parental Consent		Years Contracted:  8

Education Level:  12				AFQT:  45

Highest Rank:  Cpl			MOS:  3043 (Supply Administration 
and Operations Clerk)

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.5 (9)				Conduct:  4.5 (9)

Military Decorations:  None

Unit/Campaign/Service Awards:  EB, SMCR, AFRM

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/disability existing prior to service, authority:  MARCORSEPMAN Par. 8404.

Chronological Listing of Significant Service Events:

860507:	Enlistment contract into the USMCR documents acknowledgement of the requirement to participate in 48 scheduled drills and not less than 14 days of annual training per year for 6 years upon completion of initial active duty training.

860527:	Applicant reported for initial tour of active duty for training.

860820:	Applicant released from initial tour of active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

870412:	Applicant agreed to extend drilling obligations until 930412 to qualify for SREAP/GI BILL.

870625:	Applicant reported for active duty for training.

870818:	Applicant released from active duty for training with an Honorable by reason of completion of required active service (USMCR) IADT.

881211:	Medical Department: Applicant filled out NAVMED 6120/3.  Both questions answered “yes”.  Applicant advised to bring documentation to MDR ASAP.  Will schedule orthopedic evaluation for duty if necessary at NHCLNC.  Note:  Applicant advised MDR he would bring documentation of ankle treatment ASAP after 1st of the year.

890221:	Medical Board diagnosis:
	AXIS I: Bilateral genu varum, symptomatic, EPTE.
	AXIS II: Bilateral pes planus, symptomatic, EPTE.
		Recommend discharge physical disability.

890320:	Applicant informed of findings of medical board recommending discharge by reason of physically disability existing prior to entry on active duty and not aggravated by service.  Applicant did not desire to submit a statement in rebuttal.

890425:	Commanding General request determination of physical qualification for Applicant.

890425:	Commanding General notified Commanding Officer/Inspector-Instructor of drill exclusion authority.  NPQ determination effect 890418.

890605:	Commander, Naval Medical Command: Applicant found not physically qualified for retention in the Marine Corps Reserve because of bilateral pes planus, symptomatic.  A waiver of the physical standards is not recommended.

890612:	Commanding General, 4th Marine Division (Rein) notified Applicant of discharge by reason of being found not physically qualified for retention in the Marine Corps Reserve.

890729:	Applicant requested discharge by reason of being found not physically qualified.

890807:	Director, Marine Corps Reserve Support Center advised Commandant of the Marine Corps (MMRB-20) of Applicant’s administrative discharge due to not physically qualified.

890807:	Discharge Certificate: Applicant discharged under honorable conditions (general).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19890807 under honorable conditions (general) due to physical disability with severance pay (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 but not equitable (C and D).
 
The Board found in the Applicant’s case, the characterization of service should have been the “type warranted by service record.”  A review of the Applicant’s records indicated an honorable discharge was warranted.  There was no adverse information that would have warranted a less favorable characterization.  Therefore, relief is granted.

Pertinent Regulation/Law (at time of discharge)

A.  Marine Corps Separation and Retirement Manual, (MCO P1900.16D, effective 890627 until 950817), paragraph 8404 DISCHARGE FOR DISABILITY EXISTING PRIOR TO SERVICE.

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

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

D.  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 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 “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