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USMC | DRB | 2000_Marine | MD00-00031
Original file (MD00-00031.rtf) Auto-classification: Denied


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

ex-Cpl, USMC
Docket No. MD00-00031

Applicant’s Request
The application for discharge review, received 991007, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant designated the American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000604. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change. The discharge shall change to: HONORABLE/CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2a.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1. (Equity issue) This former member opines that her overall service record, including her performance and conduct markings and the recommendations of her chain of command, supports a fully honorable characterization of service.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's ltr to BCNR dated 11 Aug 99
Applicant's Navy Enlistment Contract dated 18May94 (3 pages)
Copy of DD Form 214
Separation Authority (CG, 3d MAW) dated 10June98
Administrative Discharge Recommendation Package (3 pages)
Statement of Character (3 statements)
Service Record pages (4 pages)
Applicant's Pro/Cons marks

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                940518 - 941023  COG

 Period of Service Under Review :
Date of Enlistment: 941024               Date of Discharge: 980626

 Length of Service (years, months, days):

         Active: 03 08 03
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 36

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (10)             Conduct: 4.5 (10)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, GCM, Rifle Sharpshooter Badge

Days of Unauthorized Absence: None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/CONDITION NOT A PHYSICAL OR MENTAL DISABILITY, authority: MARCORSEPMAN Par. 6203.2a.

 Chronological Listing of Significant Service Events :

980325:  Branch Medical Clinic, Psychology Dept: 23 year old, married, American Indian, female, with approximately 3 years and 6 months continuous active duty and has 6 months remaining on this enlistment, current stationed with MWSS 371, MCAS, Yuma. A psychological consult was requested to evaluate the patient for Bulimia. Pt reported experiencing physical problems (back pain, abdominal pain), poor concentration (excessively thinking of how to hide her eating disorder), feeling fatigued all the time, and not paying attention to hunger cues (stomach growling due to no food intake). She denied feeling depressed or having crying spells. Pt was seen for a psychiatric evaluation on 10AUG95 at the Mental Health Dept, Naval Hospital Okinawa, Japan. At that time she was diagnosed with an "Eating Disorder NOS and Compulsive Personality Traits" and placed on LIMDU. On 28AUG95 she was placed on Prozac. Pt was seen at mental health from 10AUG95 to 19MAR96. She was returned to full duty after having reported no purging behavior or any problems for a period of 3 months. In September 1997 the pt was seen by LCDR H_ and was placed on LIMDU for Bulimia......................Currently Pt reported that her eating disorder behavior started at age 12 to present. At age 18 or 19 she stated she thought she "got rid of it", but that her binging and purging behavior started again during her sexual assault legal proceedings. She reported having been sexually assaulted when she was stationed on Okinawa.................She admitted that because she was not eating she was not participating in her purging behaviors. Confronted pt on switching to starving herself rather than purging. She stated she will drink water and take supplements. She also admitted that her purging does not take as much effort as previously.
Mental Status Exam: Eye contact was fair and related in a calm manner. Her speech was coherent. She was alert, oriented, and gave no clinical evidence of psychosis, though disorder, hallucinations, or delusions...........Cognition intact. She denied current suicidal or homicidal ideation, plan or intent.
Diagnostic Impressions: Axis I - 307.50 Eating Disorder NOS; AXIS II - diagnosis Deferred; AXIS III - None Known
Recommendation: Continue counseling with civilian therapist, member not considered to be fit full duty as she still has an eating disorder and requires long term therapy. Since she is not eligible for another LIMDU and is not fit for full duty, there is no other recourse but to administratively separate this individual.
980413:  Group Surgeon, Marine Air Group 13's ltr to CO, MWSS 371: Pt has been on two limited duty boards for the same medical diagnosis. The condition has not resolved and administrative separation is recommended. Pt placed on limited duty board at previous duty station in Okinawa, Japan for bulimia. It was recommended by her therapist that she be administratively separated if the condition recurred. She returned to full duty and allowed to transfer to MCAS, Yuma, AX. In Sep 97 member was diagnosed with same condition. All of her previous notes concerning her medical condition were missing from her health record. A second limited duty board was initiated and the member was referred to a civilian psychologist for local therapy. Member has received outpatient therapy for 6 months and not improved. Member was referred to military psychologist for re-evaluation. This condition existed prior to enlistment and member has not improved despite therapy on 2 difference occasions, with 2 different therapists. The military psychologist recommended the member be referred to full duty. If she cannot keep up with the demands of the Marine corps, she should be administratively separated for a chronic medical condition which is not a disability.

980416:  Applicant notified of intended recommendation for discharge with an honorable by reason of Convenience of the Government, specifically, a Physical Condition Not a Disability.
980420:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

980423:  Commanding Officer (MWSS 371) recommended discharge with an Honorable by reason of Convenience of the Government due to physical condition not a disability. The factual basis for this recommendation was as result of member being diagnosed with an eating disorder - bulimia. Commanding officer’s comments (verbatim): "Corporal (applicant) suffers from a pre-service bulimic condition. As articulated in the Group Surgeon's letter, this condition has remained unresolved through 2 six-month Limited Duty Boards which included treatment by both military and civilian therapists. Corporal (applicant)'s bulimic condition has severely impacted her ability to perform all required military duties, and as such, I recommend she be discharged for the convenience of the government with an honorable characterization of service."

980610:  GCMCA [3d MAW] directed the applicant's discharge with a General (under honorable conditions) by reason Convenience of the Government due to a physical condition not a disability..

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980626 with a General (Under Honorable Conditions) by reason of Convenience of the Government due to a condition not a physical or mental disability (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was not proper (C and D).

The applicant was discharged for a physical condition not a disability. A review of her records indicates that the applicant should have received an honorable discharge. She had no NJP’s, no page 11 counseling entries, and had an average proficiency and conduct marks of 4.5/4.5 respectively. Clearly she warrants an upgrade. Relief granted.

Pertinent Regulation/Law (at time of discharge)

 A. Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 18 Aug 95), paragraph 6203, CONVENIENCE OF THE GOVERNMENT.
B. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT
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 Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive 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 Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.af.mil ”.

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:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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