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

Docket No. MD07-01091

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

ex-Pvt, USMC
MD07-01091

Current Discharge and Applicant’s Request

Application Received:  20070803 	Characterization Received:  UNCHARACTERIZED
Narrative Reason:  PERSONALITY DISORDER 	Authority:  MARCORSEPMAN 6203.3

Applicant’s Request:	Characterization change to:  NONE REQUESTED
			Narrative Reason change to: REQUESTED BUT NO SELECTION
Applicant’s Issues:	1. Employment Opportunities
			2. Narrative reason assigned is unjust

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:  20080117	DOCUMENTARY REVIEW	Location:  Washington D.C.	 Representation:  NONE

Discussion

Issue 1:  This is either an Issue which the Board cannot form the basis of relief for the Applicant, or one that the Board does not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to the Addendum regarding this Issue.

Issue 2: (Equity).  The Applicant contends that the Narrative Reason for his separation is unjust.  The record clearly reflects that the Applicant was seen by competent medical authority and was diagnosed with a Personality Disorder.  The record reflects that the Applicant had chronic suicidal ideations and was considered an immediate risk to harm himself and others if retained in the military.   The Applicant acknowledged the reason he was being administratively separated and waived his right to consult with legal counsel.  Changing the Narrative Reason would be inappropriate.

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)	20050615 - 20050905  COG		Active:   NONE
Period of Service Under Review:
Date of Enlistment: 20050906		Years Contracted:  4		Date of Discharge:  20060215
Length of Service:  00  Yrs  05  Mths  10  Dys			Lost Time:  Days UA:  NONE  Days Confined:  NONE
Education Level:  12	Age at Enlistment:  19	AFQT:  59	MOS:  9900  Highest Rank:  PRIVATE
Proficiency/Conduct marks (# of occasions):	3.6/3.6		Fitness reports:  NOT APPLICABLE 
Awards and Decorations (per DD 214):  Rifle MM, NDSM

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

UNDATED:	MARCORSEPMAN 6105 counseling for your deficiency:  Your diagnosed physical condition not being a disability (mental health) and any resultant or aggravated condition which interferes with the effective performance of your duties.

20060207:	Medical Record:  Reason for visit:  Evaluation – The Applicant was evaluated having returned for 25 days unauthorized absence.  The below diagnosis is manifested by chronic suicidal ideation, two recent suicide attempts including on episode of nearly driving off a cliff with someone else in the car, and on the day of evaluation he attempted to jump in front of moving traffic while on a one-to-one escort which endangered his escorts.
	
Diagnosis:  Personality disorder not otherwise specified with passive aggressive and borderline features.
	
Recommendation:  Expeditious administrative separation.  Applicant is at continued immediate risk to harm himself and others if retained in the military.

20060208:	MARCORSEPMAN 6105 counseling for your deficiency, specifically your diagnosed personality disorder.

20060210:	NJP -- Viol UCMJ Art. 86 - Unauthorized absence (25 days, 17 hours, 50 minutes).
	Awarded - FOP ($636.00) for (2 months); Restr for (30 days).

Discharge Process

Date Notified:	20060208
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:		20060208
Rights Elected at Notification:
	Consult with Counsel			WAIVED
	Obtain Copies of Documents		WAIVED
	Submit Statement(s) (date)			WAIVED
	Administrative Board			NOT APPLICABLE
Commanding Officer Recommendation (date):	UNCHARACTERIZED (20060208)
SJA review (date):	NOT FOUND IN RECORD
Separation Authority (date):	COMMANDING OFFICER, SCHOOL OF INFANTRY, CAMP LEJEUNE, NC (20060214)
              Basis for discharge directed:	CONVENIENCE OF THE GOVERNMENT DUE TO PERSONALITY DISORDER
              Characterization directed:	UNCHARACTERIZED
Date Applicant Discharged:	20060215

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 P1900.16F), effective 2 September 2001 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