Title: DEPARTMENT OF THE NAVY
Author: CAP
Last saved by: janet.goode
Company: NCPB

Docket No. MD07-00399

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

ex-Pvt, USMC
MD07-00399

Current Discharge and Applicant’s Request

Application Received:  20070206 					Characterization Received:  UNCHARACTERIZED
Narrative Reason:  PERSONALITY DISORDER 			Authority:  MARCORSEPMAN 6203.3

Applicant’s Request:	Characterization change to:  HONORABLE
			Narrative Reason change to: ENTRY LEVEL SEPARATION
Applicant’s Issues:	1. Was in entry-level status 
			2.  Service warranted honorable characterization

Decision

By a vote of 5-0 the Characterization shall remain UNCHARACTERIZED.	
By a vote of 5-0 the Narrative Reason shall remain PERSONALITY DISORDER.

Date:  20071018  			DOCUMENTARY REVIEW		  Location:  Washington D.C.  

Discussion

Issue 1 (Propriety/Equity).  The Applicant was in an entry-level status when notified of the proposed administrative discharge; however, he basis, i.e. the reason, he was discharged was due to his personality disorder, diagnosed by proper medical authority on 20060126 and his ability, as a result, to function effectively in the military environment was significantly impaired.  No other narrative reason for separation could more clearly describe why the Applicant was discharged.  

Issue 2 (Propriety/Equity).  By regulation, an uncharacterized description shall be used when separation is initiated while a member is in an entry level status, except when separation is for certain prescribed situations (none of which apply to the Applicant) in which circumstances warrant characterization as under other than honorable conditions, or when characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of military duty and is approved on a case-by-case basis by the Secretary of the Navy.  The Applicant's service record did not indicate any unusual circumstances of personal conduct or performance of duty during his less than 6 months in the military that would clearly warrant an honorable characterization of service.  The NDRB advises the Applicant that, with respect to nonservice related administrative matters, i.e. Department of Veterans Affairs benefits, civilian employment, etc., an uncharacterized separation shall be considered the equivalent of an honorable or general (under honorable conditions) characterization.  

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that the discharge was proper and equitable. 

Summary of Service

Prior Service:
Inactive: USMCR (DEP)	20050804 - 20050911  COG		Active:   NONE	
Period of Service Under Review:
Date of Enlistment: 20050912		Years Contracted:  5; Extension:  NONE.	Date of Discharge:  20060227
Length of Service:  00  Yrs  05  Mths  16  Dys	Lost Time:  Days UA:  NONE  Days Confined:  NONE
Education Level:  12	Age at Enlistment:  18	AFQT:  53	MOS:  9971  	Highest Rank:  PRIVATE
Proficiency/Conduct marks (# of occasions):	4.2(1)/4.2(1)	Fitness reports:  NOT APPLICABLE 
Awards and Decorations (per DD 214):  NDSM, RIFLE EXPERT BADGE

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

20060117:	Medical Record:  Reason for visit:  2 yr history of “sharp” chest pains, 1-2 x month lasting @15 minutes, related to stress (per patient)
	Diagnosis:  Esophageal Reflux
	Recommendation:  Follow up as needed in 2 days; follow up as desired 20060119 w/MHU for stress issues.

20060126:	Medical Record:  Reason for visit:  Follow up for emotional problems, referred by MHU. 
	Diagnosis:  Axis I, Adjustment Disorder w/depressed mood; Axis II, Personality Disorder w/dependant traits (mild).
	Recommendation:  Released w/out limitation, follow up as needed, counsel per personality disorder.

20060126:	MARCORSEPMAN 6105 counseling for personality disorder.

20060209:	Medical Record:  Reason for visit:  Follow up for emotional problems, no change in behavior. 
	Diagnosis:  Axis I, Adjustment Disorder w/depressed mood; Axis II, Personality Disorder w/dependant traits (mild).
	Recommendation:  Released w/out limitation, follow up as needed, proceed with discharge plan.

Discharge Process

Date Notified:	20060216
Basis for Discharge:                                     CONVENIENCE OF THE GOVERNMENT DUE TO PERSONALITY DISORDER
Least Favorable Characterization:	UNCHARACTERIZED
Commanding Officer’s Intended Recommendation:	UNCHARACTERIZED

Date Applicant Responded to Notification:		20060216
Rights Elected at Notification:
	Consult with Counsel			WAIVED
	Obtain Copies of Documents		ELECTED
	Submit Statement(s) (date)			WAIVED 

Commanding Officer Recommendation (date):	UNCHARACTERIZED (20060216)
SJA review (date):	NOT FOUND IN RECORD 
Separation Authority (date):	CO, HQSPTBN, SOI, CAMP PENDLETON (20060221)
              Basis for discharge directed:          CONVENIENCE OF THE GOVERNMENT DUE TO PERSONALITY DISORDER
              Characterization directed:	UNCHARACTERIZED
Date Applicant Discharged:	20060227

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.  Marine Corps Separation and Retirement Manual (MCO P1900.16F), Para 1004.1, Uncharacterized Separations, and Para 6203, Convenience of the Government, effective 02 Sep 01 until Present.

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