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Docket No. MD06-00255

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

FOR OFFICIAL USE ONLY

 ex-LCpl, USMC
Docket No. MD06-00255

Applicant’s Request

The application for discharge review was received on 20051123.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “Depression.”  The Applicant requests a documentary record discharge review.  The Applicant did not designate a representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that she was approaching the 15-year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D.C. Metropolitan area.  Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20061005.  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 and reason for discharge shall not change.  The discharge shall remain Under Honorable Conditions (General) by reason of convenience of the government due to condition not a disability.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application and from an attached letter to the Board:

“1. Desire govt job

2. possible enlistment into Army national guard.

3. I am questioned in interviews re: enlistment.”

“Dear Sir and/or Madam:
I would like my discharge from the Marine Corps upgraded to reflect honorable
discharge due to the following reasons:
1) I experienced depression not a personality disorder
2) I have had employers on interviews question why I was discharged from the Marine Corps so early and have been feeling discriminated and looked down upon. I feel this discharge will not let me get a government job and at one point I did want to try the Army National guard. The Navy also will not take me back either.
3) In spite of the fact I got out of the Marine corps early l do have 4 years honorable service with the US Navy prior to the time of my Marine Corps enlistment
4) Both of my parents died from cancer and I was able to be a caregiver for my mother and took care of her.
5) I would like a government job to be an asset to my country and have stability in my employment & good benefits
6) I would like to be a foster parent someday and feel this discharge may hinder me.
7) I received counseling for depression and I am working full time and repairing my credit.

Thank you for the time in this matter.
Sincerely,
D_ Y S_(Applicant)”

Documentation

Only the service record and medical record were reviewed.  The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

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

	Active:   USN	19850402 - 19891001	HON
Inactive: USMCR (DEP)	19900320 - 19900520	COG

Period of Service Under Review:

Date of Enlistment:  19900521		Date of Discharge:  19911031

Length of Service (years, months, days):

Active:    01  05  11
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  26

Years Contracted:  4

Education Level:  12				AFQT:  58

Highest Rank:  LCpl				MOS:  0131

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (5)				Conduct:  4.3 (5)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  Rifle Marksman Badge (2) Letter of Appreciation, National Defense Service Medal, Navy Good Conduct Medal, Sea Service Deployment Ribbon

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

UNDER HONORABLE CONDITIONS (GENERAL)/Convenience of the Government, Condition not a physical disability, Personality Disorder (without administrative discharge board), authority:  MARCORSEPMAN 6203.3

Chronological Listing of Significant Service Events:

900629:	Medical Entry:  NPU, Branch Medical Clinic, Parris Island, SC, HM3 J_ E. W_, USN:  Pt (Applicant) is a 26 year old black female who has been at Parris Island since 21 May 90.  Pt states she is prior service and served 4 ½ yrs in the Navy.  Pt states “I’m having trouble dealing with the stress of boot camp, I thought I would be able to handle it because I’m prior service, but its not the same.  “Pt states that suicide has been going though her mind.  No current homicidal ideations.
	MSE A/O x3.  No hallucinations, no paranoia, no delusions.  Sleep “irradic” (sic), appetite “not too good,” present mood “slightly depressed.”  Full range of affect, thought processes appear clear and logical, speech has normal tone/rate.  Pt maintains good eye contact.  Pt states she wants to be a marine.  Current meds: motrin and Sudafed.  Current medical problems: stress fracture right femur and flu.

900629:	Medical Entry:  NPU, Branch Medical Clinic, Parris Island, SC, LCDR F. E. P_, MSC, USN, Clinical Psychologist:  Reviewed history, records and testing.  Administered the MMPI to verify no psychosis since she joined USMC after having been USN for 4 ½ years.  No traumatic history.  Mental status reveals no psychosis, affect disorder, suicide ideation, drug/alcohol/medication dependence.  No indications of pathology.
	Impression:  No psychiatric disorder.
	Recommendation:  To duty.

910421:	Applicant admitted to USHN, Camp Lester, Okinawa.
	[Extracted from Medical Entry of 910425.]

910425:	Medical Entry:  Psychiatric Clinic, U. S. Naval Hospital, Camp Lester, Okinawa, M. W_, Staff Psychologist and LCDR M. J. C_, MC, USNR:  Chief complaint:  “I can’t take this anymore.”  This is the first USNH psychiatric hospitalization for this 27-year-old black single female, LCP/AD/MC, with five years broken service and 3-1/2 months on Okinawa.  Patient (Applicant) admitted grabbing “a handful of extra strength Tylenol” but did not ingest it in response to feeling “lonely”, and being separated from her fiancée who is currently in the Brig in CONUS.  The patient immediately reported her suicidal ideation to the duty officer who had patient brought to the Emergency Room.  She reported decreased sleep in the last month with an increase in appetite.  The patient stated that she learned that her fiancée was in the Brig, after arrival on Okinawa, although she was aware that he was going to be Administratively Separated from service.  The patient stated that after Administrative Separation they had planned to marry and she was in the process of getting together a marriage packet through Family Services to facilitate an on-island marriage.  She reports that she has had difficulties in this tour with the Marine Corps, adjusting to taking orders as a LCP at 27 years of age.  The patient stated that she had previously seen a psychiatrist during recruit school for these problems.  She denied any problems of a psychiatric or administrative nature in the course of her 4-1/2 years in the Navy.  The patient voiced her desire to return to duty two days prior to her actual discharge, stating her ability to work on her feelings of isolation and loneliness via group therapy, but after discussing same with the undersigned and her command at time of discharge, the patient abruptly changed her mind and again began to voice suicidal ideation, and stated that she was unable to go back to duty.  The patient was then kept in the hospital for an additional two day period.  She denies alcohol or drug abuse.
	Diagnoses:
	AXIS I: Adjustment Disorder with Depressed Mood.
	AXIS II: Personality Disorder Not Otherwise Specified with Passive/Aggressive Traits.
	AXIS III: None.
	AXIS IV: Stressors – Moderate.
	AXIS V: 60/55.
	Recommendations:  1. The patient denies all acute suicidal and homicidal ideation.  She denies any symptoms of major depression.  She is responsible for her actions and is considered by medical staff fit for return to duty, but not suitable for same given patient’s personality disorder.
	2. The patient is not considered mentally ill, but does manifest a long-standing disorder of character and behavior which is of such severity as to render her incapable of serving adequately in the U.S. Marine Corps.  Given her lack of introspection, she is not considered a good candidate for psychotherapy, but may benefit by support groups.  Although not considered presently suicidal, she is judged to represent a continuing risk to self or others if retained in military service.  She is deemed fit for return to duty for administrative separation.
	3. Patient may benefit by attendance at ACOA (Adult Children of Alcoholic’s) meetings which are held in the U.S. Navy Hospital on Wednesday nights in the Command Briefing Room at 1930.
	4. Referral for Family Service Center Adult Group.  Patient will be contacted for an intake appointment for same.
	5. Recommend patient attend the Family Service Center “Conquering Loneliness” workshop on 23 May 1991 from 1300 to 1500.
	6. Follow-up appointment with the undersigned on 3 May 1991 at 0900.
	7. Command was appraised of above diagnoses and treatment recommendations and is strongly encouraged to document all job and interpersonal problems should administrative separation be desired.
910503:	Medical Entry:  Psychiatry Clinic, U.S. Naval Hospital, Okinawa, M. W_, GS-11, Psychologist: S: Pt (Applicant) seen in follow up reporting “still feeling confused” but able to cope on job awaiting admin sep.  States positive experience at ACOA meetings and is scheduled for intake for Adult Group on 14 May at 1100.  She denies suicidal/homicidal ideation or symptoms/signs of major depression or need for further follow up at psych.
	O: Status quo.  No suicidal/homicidal ideation.
	A: I. Adjustment Disorder with Depressed Mood.
	II. Mixed Personality Disorder with Immature and Passive-Aggressive Traits.
	P: 1) Attend Loneliness Workshop at FSC.
	2) Continue with ACOA meetings.
	3) Intake for Adult Group on 14 May.
	4) Return to clinic no longer indicated.  Pt encouraged to recontact undersigned PRN.

910521:	Medical Entry:  Psychiatry Clinic, U.S. Naval Hospital, Okinawa, M. W_, GS-11, Psychologist and LCDR H_ A, J_, M.D., MC, USN, Staff Psychiatrist:  Chief Complaint:  “I feel a bit worse…nothing’s working out here…people don’t want to listen to me… I feel so helpless”.  Second psychiatric hospitalization at USNH for 27 y/o black female states she felt “in the way, jus an obstacle” in MC with friends not caring about her, resulting in crying spells, decreased sleep.  Pt called ER Sunday for antidepressants and then her girlfriend (when told she had to be seen in clinic for meds).  Felt girlfriend nonsupportive.  Took 4 Sominex “because I just wanted to go to sleep and not deal with anything” and then came to ER for assistance when she couldn’t sleep Sun. afternoon.  Command states pt’s boyfriend requested $500.00 from her in ph. Call Sat. and pt. had been told she could not take leave to get married in CONUS if she couldn’t show financial support.  Pt also states ph. Call to parents last week in which mother was drunk, father spoke of “divorce”.  Pt admits to “snapping” at peers and then wonders “why can’t I make friends”.  Denies ETOH/drug abuse.
	Pt denies suicidal/homicidal ideation.  Displays no signs/symptoms of major depression.  Has been resistant to continued therapeutic intervention to raise self esteem and improve anger control.  States ability to continue ACOA meetings and to participate in adult group until admin separation.
Diagnosis: Axis I:  No Diagnosis.  Axis II:  Personality disorder, NOS.  Disposition:  Return to full duty.  
Recommendation: 1) Pt (Applicant) denies acute suicidal/homicidal ideation.  She displays no signs/symptoms of major depression.  She is fully responsible for her actions and can be held accountable for her actions.  She is deemed by medical staff fit to return to duty.  
2) Pt failed to keep intake appt for Adult Group recommended at last discharge.  As she voices desire to keep another appt. she is scheduled for intake on 6 June at 1000 with Ms. M_, FSC, Camp Lester for Adult Group, to aid in esteem-building and coping skills.  Pt must participate in all group sessions for satisfactory completion.  
3) Pt encourage to continue weekly Adult Children of Alcoholics meetings at USNH, Wednesdays at 1930.  
4) Follow up with undersigned on 17 June at 0900 for status check.
5) Given Pt’s personality disorder she is highly likely to act out and continue to manipulate the system.  Command is strongly encouraged to hold pt. accountable for her actions and use admin action as appropriate, and to expeditiously complete admin separation per recommendation of 25 Apr 91 from the undersigned.

910610:	Counseling:  Advised of deficiencies in performance and conduct (willful disobedience of orders given by superiors (notified to seek guidance in prep for the CG’s Inspection and failed to do so); failure to be at appointed place of duty (on 910409 on/about 1030 form pre-CG Btry inspection to office after the inspection was over); lack of initiative (prep for Btry/CG Inspection(s) on 910404, 910418, 910405, 910426, 910502 and 910506 were unsat), and lackadaisical attitude.)  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

910617:	Medical Entry:  Psychiatry Clinic, U.S. Naval Hospital, Okinawa, M. W_, Psychologist: S: Pt (Applicant) seen in follow up hosp of (2^nd hosp) of 21 May.  Pt reports feeling better with occasional periods of “depression and crying spells”.  No sleep/appetite disturbance.  Current stressors:  admin sep packet still not sent to legal, boyfriend admin sep’d from Corps and out of brig but unemployed.  Older brother recently incarcerated for theft.  Pt still attending ACOA meetings and receptive to starting Adult Group on 19 June.  FSC “Loneliness Workshop” cancelled.  Denies acute suicidal/ideation.
	O: Status quo.  No homicidal/suicidal ideation.
	A: Personality Disorder with Dependent, Passive-Aggressive Traits.
	P: 1) Continue attendance weekly at ACOA.
	2) Participate in FSC Adult Group.
	3) Follow up appointment with undersigned on 10 July 91.

910617:	Medical Entry:  Psychiatry Clinic, U.S. Naval Hospital, Okinawa, M. W_, Psychologist:  Maj G_ phoned this date re admin sep.  States package is “in the works” but pt was directed to present her statement to the counseling of her deficiencies on 6 June, by 15 June and has failed to do so.  Once statement received, anticipate 2-3 weeks till separation.

910617:	Applicant’s statement in response to counseling of 910610:  In regards to accusations of disobeying orders I would like to say that I did ask for help from Sgt S_ in preparing for CG.  In regards to accusation of failure to be at appointed place of duty (on 910409 on/about 1030 from pre-CG Btry inspection to office after the inspection was over, I cannot recall being told to be in office @ 1030.  In regards to lack of initiative (prep for Btry/CG inspections on 910404, 910405, 910418, 910426, 910502 and 910506.  I am guilty because when the CG inspection was announced and when it was stressed how important it was to have everything perfect, I myself felt too much pressure and stress.  And felt that even if I did try to do a good CG inspection that it wouldn’t be good enough for inspectors.  Because of the constant attention to the preparation for the CG inspection, the stress of constantly hearing that I must be perfect on my CG inspection also contributed to my lackadaisical attitude because I felt I would not be good enough for inspectors.  
	I am still requesting admin separation due to past and present emotional problems. I deem myself inappropriate for military life.
	(Signed) Lcpl D_ Y. S_

910702:	Applicant submits handwritten statement:  I feel very strongly that getting out of the United States Marine Corps would be bet for me due to my flunctuating personality traits e.g. feeling strongly that I am not a military person, past depression and current depression off and on in spells.  past & present mood swings & irritability, the need to withdraw from people and the overall feeling that I am a detriment to the USMC/military because of my personality traits.  I still deem myself emotionally unfit to DEAL WITH THE MILITARY LIFESTYLE  I feel I am causing stress to marines around me, & I feel I am causing stress to the Corps.  (Signed) D_ Y_ S_ (Applicant) USMC LCPL

910703:	Applicant notified of intended recommendation for discharge by reason of convenience of the government due to a diagnosed personality disorder with a characterization of service as under honorable conditions (General) The factual basis for recommendation is Applicant’s diagnosed personality disorder.

910703:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

910703:	Commanding Officer, Headquarters Battery, 12^th Marines, recommends to Commanding General, 3d Marine Division, that Applicant be separated with a discharge under honorable conditions (General) by reason of convenience of the government due to a diagnosed personality disorder.  The factual basis for this recommendation was Applicant’s diagnosed personality disorder.  Commanding Officer’s comments:  The respondent is unable to conform to military standards or perform in a reliable, safe, or appropriate manner.  This disorder will not likely change within a reasonable period of time.  The respondent has demonstrated that she has no potential for further military service.

910722:	Medical Entry:  Psychiatry Clinic, U.S. Naval Hospital, Okinawa, M. W_:  S: Pt (Applicant) seen in follow up denying any further suicidal/homicidal ideation or depressive symptoms since last appointment.  Pt reports improved mood since “getting rid of my old boyfriend” and now “seeing another guy”.  Pt reports improved job motivation and that she wants to remain in service.  She states support through 2x weekly ACOA meetings and denies need for further follow up.
	O: Status quo.  No suicidal/homicidal ideation.
	A: I: Adjustment Disorder with Depressed Mood, resolving.
	II: Personality Disorder, NOS with Passive-Aggressive and Dependent Personality traits.
	P: 1) Pt denies all suicidal/homicidal ideation or intent.  She displays no signs/symptoms of major depression.  She is responsible for her actions and fit to return to duty.  2) Pt has previously been recommended for admin separation based on Personality Disorder.  However, admin separation is a command decision.  3) Should pt display further suicidal/homicidal intent or depressive symptoms, she should be brought to clinic for evaluation.  4) Pt encouraged to recontact undersigned PRN as needed and to continue ACOA meeting.

910722:	Counseling:  Advised of deficiencies in performance and conduct (SNM was counseled by section NCO and SNCO’s following medical evaluation/hospitalization on 910425 and 910521 concerning personality disorder.  Specifically, past history of personality disorder, mental status before/after the psychological exam, eval of hospital stay, and recommendations by the staff psychologist, Camp Lester Hospital.  SNM was informed that personality disorder is affecting job performance in that SNM has a lackadaisical attitude, how she copes with the military environment.  Also, was informed of difficulties in dealing with inspections, in taking criticism, working with office personnel, limited judgement and retention of everyday tasks, character and behavior mood swings, her passive and aggressive traits, failure to complete tasks, to meet intake appointments and participating more with fellow Marines.)  Necessary corrective actions explained, sources of assistance provided, and advised being processed for administrative discharge action.

910801:	Commanding Officer, 12^th Marines, forwards recommendation to Commanding General, 3^rd Marine Division, recommending approval.

910807:	SJA review determined the case sufficient in law and fact.  Recommends characterization of service as honorable.

910809:	GCMCA, Commanding General, 3d Marine Division, directs that Applicant be separated with a discharge under honorable conditions (general) by reason of convenience of the government due to a diagnosed personality disorder.

910920:	Applicant found medically qualified for separation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19911031 by reason of convenience of the government due to condition not a disability, personality disorder (A) with a service characterization of under honorable conditions (general).  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 (B and C).  

In the Applicant’s issue that the narrative reason for discharge should be depression instead of personality disorder, the Board found that the Applicant was diagnosed with "Personality Disorder Not Otherwise Specified with Passive/Aggressive Traits" by competent medical authority at the Psychiatric Clinic, U. S. Naval Hospital, Camp Lester, Okinawa, on 19910425 and was recommended for administrative separation from the Marine Corps.  Further, competent medical authority noted on 3 occasions that the Applicant did not exhibit symptoms or signs of major depression.  Thus, the Board finds that the Reason for Discharge reflects the Applicant's mental health status at the time of her discharge, and was proper and equitable at the time of issuance.  "Personality Disorder" is an accurate narrative description of the reason for the Applicant's discharge.  For the edification of the Applicant, even if there were evidence of an improper diagnosis, the NDRB does not have the authority to change a narrative reason for separation to “depression” as requested.  Only the Board for Correction of Naval Records can grant this type of narrative reason change.  The Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning relief in this matter.  Relief denied.

The Board recognized the Applicant’s previous honorable discharge for her service in the U.S. Navy.  However, as noted above, the Board’s review is limited to a determination on the propriety and equity of the discharge in question.  The Board found no impropriety or inequity in the discharge for which the Applicant is seeking relief.  Relief is not warranted on this ground.

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 on the propriety and equity of the discharge.  Nor does the NDRB have jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces.  Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment.  A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  

The following is provided for the edification of the Applicant.  Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question.  The Board discovered no impropriety after a review of Applicant’s case.  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.  The Applicant indicated that she was caregiver to her mother, that she is working full-time and repairing her credit, and has a goal of becoming a foster parent.  Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post- service conduct and behavior as a reason to upgrade a less than Honorable discharge.  Evidence of continuing educational pursuits, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, as examples of verifiable documentation that should have been provided to receive consideration for relief, based on post-service conduct.  The Applicant’s statements concerning post-service conduct, without documented evidence, were found insufficient to warrant an upgrade to the characterization of service.  Relief denied.

The NDRB has no authority to provide additional review of this case since Applicant’s discharge occurred more than 15 years ago.  The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of naval service, if she desires further review of her case.

Pertinent Regulation/Law (at time of discharge)

A.  Marine Corps Separation and Retirement Manual, (MCO P1900.16D, effective 890627 until 950817), 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 V, Para 502, Propriety.

C.  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