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

Docket No. MD08-01409

ex-, USMC

Current Discharge and Applicant’s Request

Application Received:  20080618
Characterization of Service Received:  UNDER OTHER THAN HONORABLE
Narrative Reason for Discharge:   DUE TO DRUG ABUSE
Authority for Discharge:  MARCORSEPMAN 

Applicant’s Request:  Characterization change to:  
		       Narrative Reason change to:  

Summary of Service

Prior Service:
Inactive: USMCR (DEP)	20020711 - 20030608  		Active:   

Period of Service Under Review:
Date of Enlistment: 20030609	Period of Enlistment:   Years   Months	Date of Discharge:  20070927
Length of Service:    Years    Months   19  Days	Education Level:      Age at Enlistment:  	
MOS:  3531     Highest Rank:       Fitness Reports:       AFQT:  35
Proficiency/Conduct Marks (# of occasions):	  / 
Awards and Decorations (per DD 214):  Rifle  MCGCM SSDR w/2* GWOTSM GWOTEM NDSM

NJP:  
20060705:  Article 92 (Failure to obey a lawful order)
                   Article 111 (Physically control a vehicle while the alcohol concentration in his blood was .14 percent 
                                        shown by chemical analysis).
                   Awarded:        Suspended:  

SCM:  Pending per service record for Article 112a (Drug use).     SPCM:  

CC:  
         - DUI on 20060705

6105 Counseling: 
20050414:  For being overweight in accordance with MCO P6100.12.  Your current weight is 213 lbs with 29% body
                   fat and your maximum allowable weight is 197 lbs.  I am advised that I am being assigned to the BCP in 
                   accordance with MCO P6100.12 and that I am not eligible for promotion while assigned to the BCP. 
	
               20060807:  For receiving a below average Conduct mark of (3.9 Con) for the Semi-annual/TAD period of 20060201     
                                   through 20060712.

Types of Documents Submitted/reviewed

Related to Military Service:	DD 214:  	Service and/or Medical Record:  		Other Records:  

Related to Post-Service Period:	
	Employment:			Finances:			Education/Training:	
	Health/Medical Records:		Substance Abuse:			Criminal Records:	
	Family/Personal Status: 		Community Service:  		References:  		
Additional Statements From Applicant:  		From Representation:  		From Member of Congress:  
Other Documentation (Describe):   
		- Letter from Mrs. B.

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

Applicant’s Issues

1.  Applicant claims discharge should be for Post-Traumatic Stress Disorder (PTSD).
2.  Applicant claims he was denied treatment.

Decision

Date:  20081023   	Location:  Washington D.C.	 Representation:  

By a vote of  the Characterization shall  .
By a vote of  the Narrative Reason shall  MISCONDUCT (DRUG ABUSE).

Discussion

:  ()  .  The Applicant claims he was diagnosed with PTSD, repeatedly asked for treatment, but was denied assistance.  He used alcohol to self-medicate and then drugs to relieve his PTSD symptoms.  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.  The Applicant’s medical records reveal an extensive history of alcohol abuse starting at the age of 13 and continuing until his discharge from the USMC in September 2007.  He was seen regularly by military mental health professionals from September 2005 through July 2007.  The Applicant’s primary diagnosis was labeled ‘General Anxiety Disorder, Alcohol Dependence and Post-Traumatic Stress Disorder’.  Throughout this period, the Applicant was prescribed and took PROZAC and PAXIL to control his anxiety; he reported improvements in sleep and a reduction in anxiety.  However, his father’s death combined with the break up from his girl friend, were identified as stressors which lead to his increased abuse of alcohol.  The Applicant was sent to Level I, intensive out patient alcohol education classes, but was dropped as a treatment failure after one week.  He was then sent to Level III, a 30 day resident treatment program in Point Loma, CA in May 2007.  In July of 2007, he was faced with a Summary Court Martial for taking prescription drugs not prescribed for him.  This act constituted Alcohol Rehabilitation Failure; however, he was processed out of the USMC for the drug abuse.  

The Applicant’s claim he did not receive proper medical care for his PTSD is without merit as demonstrated by the extensive documentation by mental health professionals found in his medical records.  As early as 28 November 2005, he was taking PROZAC fox anxiety.  Later, he switched to PAXIL.  The Applicant’s medical records show that he was seeing a mental health professional regularly until his discharge in September 2007.  

On 13 February 2007, naval medical doctors determined and documented in the Applicant’s medical records that his mental health issues all stem from his alcoholism.  A medical entry dated 26 July 2007 indicates the Applicant’s major stressor are his pending court martial for illegal use of prescription drugs, the breakup with his girl friend, financial issues and Iraq service.  He states, however, he is diagnosed with Depression vice PTSD.  The evidence in the Applicant’s medical records clearly shows the Applicant received extensive treatment for his medical issues, which primarily were Depression and Alcohol Abuse.  Based on the above facts, the Board found his request for an upgrade in the character of his discharge to be without merit and approval for an upgrade would be inappropriate.  

After a thorough review of the available evidence, to include the Applicant’s Summary of Service,  Record, Discharge Process and evidence submitted by the Applicant, the Board found 

Pertinent Regulation/Law

A.  The Marine Corps Separation and Retirement Manual, (MCO P1900.16F, effective 1 September 2001 until Present, Paragraph 6210, MISCONDUCT.

Pertinent Regulation/Law

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.

C.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 112a.

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 or is referred to a court-martial 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 other medical related reasons.”  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 special 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.  The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

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

Key:	NFIR - Not Found In Record 	UA – Unauthorized absence	NJP – Nonjudicial punishment	SCM – Summary court-martial
	SPCM – Special court-martial	FOP – Forfeiture of pay	RIR – Reduction in rank	EPD – Extra Duties
	CONF – Confinement		B&W – Confinement on bread and water			CC - Civilian conviction

Key:	NFIR - Not Found In Record 	UA – Unauthorized absence	NJP – Nonjudicial punishment	SCM – Summary court-martial	
	SPCM – Special court-martial	FOP – Forfeiture of pay	RIR – Reduction in rank	EPD – Extra Duties 
	CONF – Confinement		B&W – Confinement on bread and water