ex-, USMC
MD07-00143

Current Discharge and Applicant’s Request

Application Received:  20061113 	Characterization Received:  
Narrative Reason:  PERSONALITY DISORDER Authority:  MARCORSEPMAN 6203.3

Applicant’s Request:	Characterization change to:    
			Narrative Reason change to: 
Applicant’s Issues:	1.  Hazed and abused by Unit.
			2.  Improperly diagnosed with a personality disorder.

Decision

By a vote of 5-0 the Characterization shall remain GENERAL (UNDER HONORABLE CONDITIONS).	
By a vote of 5-0 the Narrative Reason shall remain PERSONALITY DISORDER.

Date:  20070906    Location:  Washington D.C.  The Board found that 

Discussion

Issue 1 (Equity).  The Applicant implies that he was treated unfairly by his unit.  The government enjoys a presumption of regularity in the conduct of its affairs.  The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that the command unfairly singled him out, hazed, or abused him.  The Applicant’s statements alone do not overcome the government’s presumption of regularity in this case.  

Issue 2 (Equity.  When reviewing a discharge, the NDRB does consider the extent to which a medical problem might affect an Applicant’s performance and ability to conform to the military’s standards of conduct and discipline.  The NDRB generally does not consider the circumstances surrounding the Applicant’s stated condition, the implied incorrect diagnosis, nor the medical treatment given to the Applicant to be of sufficient nature to exculpate the Applicant’s narrative reason for discharge.  The Applicant was seen by competent medical authority on numerous occasions resulting in his diagnosis of personality disorder.  When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions.  A general (under honorable conditions) discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his failure to meet the standards and requirements of his contract with the Marine Corps and falls far short of that required for an upgrade of his characterization of service.   An upgrade to honorable would be inappropriate.  

Summary of Service

Prior Service:
Inactive: USMCR (DEP)	19971114 - 19980621  	
Period of Service Under Review:
Date of Enlistment: 19980622	Years Contracted:  ; Extension:    	Date of Discharge:  19990507
Length of Service:  00  Yrs  10  Mths  16  Dys	Lost Time:  Days UA:    Days Confined:  
Education Level:  	Age at Enlistment:  	AFQT:  52	MOS:  0331  Highest Rank:  
Proficiency/Conduct marks (# of occasions):	4.1(2)/4.1(2)	 
Awards and Decorations (per DD 214):  RIFLE MARKSMAN BADGE

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

19990105:	Medical Record:  Reason for visit:  Referred due to suicidal ideation.
	Diagnosis:  Personality disorder not otherwise specified with dependent and avoidant features.
	Recommendation:  Command should undertake administrative separation for unsuitability due to a personality disorder.

19990108:	Mental health Department, Naval Hospital Camp Pendleton:  Reason for visit:  Depression, “I made a wrong decision about being in the Corps”, “I don’t know what’s best for me, the Marine Corps or my mother.”
	Diagnosis:  Personality disorder not otherwise specified with dependent and avoidant features.
	Recommendation:  Applicant will possibly push for administrative separation.

19990113:	Mental Health Department, Naval Hospital Camp Pendleton:  Reports suicidal ideations, plans to shoot himself, has inability to maintain rational thought when faced with family issues.
	Diagnosis:  Personality disorder not otherwise specified with dependent and avoidant personality traits.
	Recommendation:  Referred for administrative separation, member has a Personality Disorder of such severity to render him unsuitable for further military service, remains in danger of self-harm if maintained on active service.

19990125:	Medical Record:  Reason for visit:  Suicidal ideation.
	Diagnosis:  Adjustment disorder with dependent and avoidant personality traits
	Recommendation:  Referred for administrative separation.

19990128:	Battalion Surgeon’s letter concurring with the mental health assessment and recommendations.

19990128:	Applicant’s report of medical history for separations exam noting suicidal attempt or plans and depression.  

UNDATED:	MARCORSEPMAN 6105 counseling for personality disorder requiring you to be recommended for administrative separation.

Discharge Process

Date Notified:	UNABLE TO DETERMINE
Basis for Discharge:	UNREADABLE
Least Favorable Characterization:	UNREADABLE
Commanding Officer’s Intended Recommendation:	UNREADABLE

Date Applicant Responded to Notification:		19990405
Rights Elected at Notification:
	Consult with Counsel			UNREADABLE
	Obtain Copies of Documents		UNREADABLE
	Submit Statement(s) (date)			UNREADABLE
	Administrative Board			UNREADABLE

Commanding Officer Recommendation (date):	UNREADABLE (19990409)
SJA review (date):	UNREADABLE
Separation Authority (date):	UNREADABLE (19990419)
              Basis for discharge directed:	UNREADABLE
              Characterization directed:	UNREADABLE
Date Applicant Discharged:	19990507

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

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.  Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 August 1995 until 31 August 2001.

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