Title: DEPARTMENT OF THE NAVY
Author: CAP
Last saved by: nuchy.garcia-anglin
Company: NCPB

Docket No. MD12-01106

ex-PFC, USMC

Current Discharge and Applicant’s Request

Application Received:  20120417
Characterization of Service Received:  (per DD 214) GENERAL (UNDER HONORABLE CONDITIONS)
Narrative Reason for Discharge:  (per DD 214) PERSONALITY DISORDER
Authority for Discharge:  (per DD 214) MARCORSEPMAN 6203.3 [PERSONALITY DISORDER]

Applicant’s Request:	Characterization change to: NONE REQUESTED
	Narrative Reason change to: REQUESTED, BUT NOT SPECIFIED

Summary of Service

Prior Service:
Inactive:	USMCR (DEP)	20010829 - 20020804  COG	Active:	NONE

Period of Service Under Review:
Date of Current Enlistment:  20020805	Age at Enlistment:  18
Period of Enlistment:  4 Years  0 Months
Date of Discharge:  20030521	Highest Rank:  PRIVATE FIRST CLASS
Length of Service:  00  Year(s)  09  Month(s)  16  Day(s)
Education Level:  12	AFQT:  92
MOS:  0311
Proficiency/Conduct Marks (# of occasions):  4.5 (2) / 4.5 (2)	Fitness Reports:  NOT APPLICABLE

Awards and Decorations (per DD 214):	Rifle EX NDSM

Periods of UA/CONF:  NONE

NJP:  NONE  		SCM:  NONE  		SPCM:  NONE  		CC:  NONE  

Retention Warning Counseling:  1

- 20030423:	For your personality disorder that is so severe that it adversely affects your ability to function effectively in a military environment and your unsatisfactory performance and conduct as evidenced by your lack of reasonable effort and your failure to adapt to the Marine Corps environment.

Types of Documents Submitted/reviewed
Related to Military Service:
	DD 214:	☒	Service/Medical Record:	☒	Other Records:	☐
Related to Post-Service Period:
	Employment:	☐	Finances:	☐	Education/Training:	☐
	Health/Medical Records:	☐	Rehabilitation/Treatment:	☐	Criminal Records:	☐
	Personal Documentation:	☐	Community Service:	☐	References:	☐
	Department of VA letter:	☐	Other Documentation:	☐
		Additional Statements:
	From Applicant:	☐	From/To Representation:	☐	From/To Congress member:	☐

Pertinent Regulation/Law

A.  Paragraph 6203.3 CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 1 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.

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

Applicant’s Issues

1.	The Applicant wants his Reentry (RE) Code and Narrative Reason for Separation changed so he can reenlist in the military.
2.	The Applicant contends his discharge was improper and inequitable, because he does not have a Personality Disorder.
3.	The Applicant contends his post-service conduct warrants consideration for changing his Narrative Reason for Separation and RE Code.
4.	NDRB Issue: The character of service awarded at discharge was inequitable.

Decision

Date:  20130221	DOCUMENTARY REVIEW	Location: Washington D.C.	 Representation: NONE

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

Discussion

The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.  In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  The Applicant’s record of service included one 6105 counseling warning.  It did not include any non-judicial punishments or trials by court-martial.  On 22 April 2003, a qualified medical officer diagnosed the Applicant with Personality Disorder, Not Otherwise Specified, with Immature Features and recommended expeditious administrative separation.  Based on this diagnosis and recommendation, his command administratively processed him for separation.  When notified of administrative separation processing using the notification procedure, the Applicant waived his rights to consult with a qualified counsel and submit a written statement.  He was not entitled to an administrative separation board.

Issue 1:  (Non-decisional) The Applicant wants his Reentry (RE) Code and Narrative Reason for Separation changed so he can reenlist in the military.  In an effort to improve the chances for his request to be approved by showing that he does not have a Personality Disorder, he provided a post-service psychiatric evaluation indicating he does not appear to have any current psychiatric problems.  Regardless of whether a former service member’s condition has been cured, corrected, improved, or determined to have been a misdiagnosis, the NDRB has no authority to upgrade a discharge, change an RE Code, or change a Narrative Reason for the sole purpose of enhancing reenlistment opportunities.  Furthermore, since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, it is not authorized to change an RE code.  Only the Board for Correction of Naval Records can make changes to RE codes.  

Issue 2:  (Decisional) (Propriety)  RELIEF NOT WARRANTED.  The Applicant contends his discharge was improper and inequitable, because he does not have a Personality Disorder.  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 claim that he does not have a Personality Disorder.  In an effort to support his contention, he provided documentation of a post-service psychiatric evaluation.  Pursuant to Marine Corps Separation and Retirement Manual (MARCORSEPMAN) paragraph 6203.3, members may be processed for separation based on a mental health professional’s clinical diagnosis of a Personality Disorder when the disorder is so severe that one’s ability to function effectively and perform their duties is significantly impaired, and the individual poses a threat to safety or well being of themselves or others.  On 22 April 2003, the Division Psychiatrist at 2^nd Marine Division, Camp Lejuene, NC diagnosed the Applicant with Personality Disorder, Not Otherwise Specified, with Immature Features.  The NDRB found no evidence, to indicate he had overcome any deficiencies that were due to having a Personality Disorder while in the service.  His post-service psychiatric evaluation states, “He does not appear to have any current psychiatric problems.”  It also states, “It is still possible that he may have a Personality Disorder of some kind, but there is not a clear cut personality problem present.”  Thus, his post-service evaluation is not definitive and does not overcome the presumption of regularity in that his diagnosis while in the Marine Corps was accurate.  The NDRB determined the assigned Narrative Reason for Separation is proper.  Therefore, relief based on this issue is not warranted.  Relief denied.

Issue 3:  (Decisional) (Equity)  RELIEF NOT WARRANTED.  The Applicant contends his post-service conduct, as evidenced by his being a devoted husband, father, and provider as well as his achievement in becoming a master mechanic, warrants consideration for changing his Narrative Reason for Separation and RE Code.  The Applicant also provided three character references.  The NDRB is authorized to consider post-service factors in changing the characterization of a discharge.  However, it does not consider post-service conduct as justification to change a Narrative Reason for Separation that accurately describes why the Applicant was discharged from the Marine Corps.  Furthermore, the NDRB has no authority to change an RE Code.  Relief denied.

Issue 4:  (NDRB Issue) (Equity)  PARTIAL RELIEF WARRANTED.  The character of service awarded at discharge was inequitable.  Pursuant to MARCORSEPMAN paragraph 6203.3, characterization of service for Marines separated due to Personality Disorder should be Honorable or General (Under Honorable Conditions) as determined by the Marine’s service record.  During the Applicant’s 9 ½ months of service, he had no misconduct or other significant negative aspects of service that warranted a General discharge.  Therefore, the NDRB voted unanimously to upgrade the characterization of service to Honorable, with no change to the Narrative Reason for Separation of Personality Disorder.  Partial relief granted.  Full relief by changing the Personality Disorder narrative reason was not granted due to competent medical authority diagnosing the Applicant while in service.

Summary:  After a thorough review of the available evidence, to include the Applicant’s summary of service, service record entries, and discharge process, the Board found the discharge was proper but not equitable.  Therefore, the awarded characterization of service shall change to HONORABLE but the narrative reason for separation shall remain PERSONALITY DISORDER.  The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of his discharge.  The Applicant is directed to the Addendum for additional information.

ADDENDUM:  Information for the Applicant

Complaint Procedures:  If you believe 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:  After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s 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.  There are veterans organizations such as the American Legion and the Disabled American Veterans that are willing to provide guidance to former service members in their efforts to obtain a discharge upgrade.  If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted their opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 for further review.

Service Benefits:  The U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB.  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 NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the NDRB’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 BCNR can make changes to reenlistment codes.  Additionally, the NDRB 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 is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct or for any basis wherein an Other Than Honorable discharge is authorized, 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 BCNR can grant this type of narrative reason change.

Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct subsequent to leaving naval service.

Post-Service Conduct:  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.  Outstanding post-service conduct, 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, is considered during Board reviews.  Documentation to support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificates (if applicable); character witness statements; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card companies, or other financial institutions; attendance at or completion of higher education (official transcripts); and documentation of a drug-free lifestyle.   The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate  in-service misconduct was an aberration and not indicative of the member’s overall character.

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 NDRB 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	CC - Civilian conviction	CCU - Correctional Custody Unit	BW - Confinement on bread and water

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