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USMC | DRB | 2001_Marine | MD01-00258
Original file (MD01-00258.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD01-00258

Applicant’s Request
The application for discharge review, received 001227, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 011108. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT-MARTIAL, authority: MARCORSEPMAN Par. 6419.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION
Issues

1. See Psychologist (testing recommendations) Document 1 - PTSD, depression decreased appetite.

2. Request discharge be upgraded based on medical problems. Request Honorable discharge.

3. Major Depressive Disorder - see Document 3 - Dr. A_.

4. See Document 5 - Division Psychiatry, 2D Marine Division tried to seek help & receive treatment.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Psychologist (M. S. B_, Ed.D) Report dtd 29 Feb 00 (3 pages)
NATNAVMEDCEN Bethesda MD consultation report dtd 01Mar2000
NATNAVMEDCEN Bethesda MD consultation report dtd 03Mar2000
Dr. E_ L. A_, Ed.D., P.A., Psychological Assoc. payment requirement
Dr. E_ L. A_, Ed.D., P.A., Psychological Assoc. ltr dtd Feb 21, 2000 (2 pages)
Progress Notes, H_ B_, MD, dtd 02/18/00 (2 pages)
Psychiatry Div, 2D Marine Division, II MEF (3 pages)
Applicant's father's ltr dtd Feb 24, 2000
Applicant's letter to Congressman A_
Applicant's Mother's letter to Congressman A_, dtd Feb 22, 2000
MCTFS Basic Individual Record (3 pages)
MCTFS Basic Training Record (2 pages)
Congressman A_'s ltr to Applicant dtd Oct 3, 2000
Congressman A_'s ltr to NCPB dtd Oct 3, 2000
Congressman A_'s ltr to Applicant dtd Jun 6, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                970314 - 970421  COG

 Period of Service Under Review :
Date of Enlistment: 970422               Date of Discharge: 000331

 Length of Service (years, months, days):

         Active: 02 11 10 (Doesn't exclude lost time)
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

Education Level: 13                        AFQT: 75

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.19 (8)             Conduct: 3.74 (9)

 Military Decorations: None

 Unit/Campaign/Service Awards: MM, SSDR, AFEM, NTR, MUC, Rifle Expert Badge, Pistol Marksman Badge

 Days of Unauthorized Absence: 114

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

UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT-MARTIAL, authority: MARCORSEPMAN Par. 6419.

 Chronological Listing of Significant Service Events :

990624:  Battalion Surgeon, 2 nd Bat/2 nd Marines: 22 year old single white male, USMC, Cpl, referred to Division Psychiatry with feelings of "I can't handle this anymore" and "I have no respect for the Marine Corps". Pt referred via Chaplain/command for evaluation. Has difficulty sleeping and states that he has no desire to remain in USMC. Recently returned from UA to "face things like a man" and has no prior NJP's. Difficulty began prior to deployment, but culminated with being denied return home for grandfather's funeral. Pt has no homicidal/suicidal ideation at present and contracts for safety.
         Psychiatry Eval: MSE: alert, neatly groomed, stressed appearing, sad, talkative, articulate, cooperative, no psychotic features, no suicidal/homicidal ideation.
         ASSESSMENT: Adjustment Disorder with depressed mood
         PLAN: Restoration group Thursday @ 1300 Div Psych.

991019:  Division Psychiatry, 2d Marine Division, II MEF: SNM continues dysphoria, decreased appetite, difficulty concentrating, anger and frustration. SNM no longer wants to be a Marine. However, his command wants to retain him. SNM has fleeting suicidal ideation but no specific plans. He has not attended Thursday Restoration Group. Will continue supportive treatment.

991203:  Applicant declared a deserter having been an unauthorized absentee since 0700, 991101 from 2DBN, 2DMAR, 2DMARDIV, Camp Lejeune, NC..

000214:  Civilian Progress Notes (H_ B_, M.D.): Pt complains of feeling very depressed for past 7 months. Was in marines stationed in Albania 7 months ago. While in Albania was in several situations where he had witnessed several deaths (Pt guarding the embassy). While in Albania was suicidal daily - wanted to drive his jeep in a wall and was hearing voices. Seen by a Navy physician in N. Carolina, but was never hospitalized for depression. Pt did not receive any medication or therapy.
         Diagnosis: Depressive Disorder - 311. This could also be post traumatic stress disorder. Not certain why pt was not hospitalized for major depression 7 months ago. Advised pt to go to ER if feels suicidal.

000218:  Follow-up Telephone Call to H_ B_, M.D.: Pt very depressed. Not suicidal today. Has no side effects from the Paxil 10mg QD. Pt has nightmares continually since he's been home. Suspect that his experience in Albania has been the cause of his nightmares and depression. Have recommended to pt that he obtain a full psychiatric evaluation at Thomas Jefferson outpatient clinic. If pt continues to lose weight, he well need to be admitted to a hospital for major depression.

000221:  Psychological Eval by E_ L. A_, Ed.D., P.A.: Concurred with Dr. H_ B_'s diagnosis as suffering from a Major Depressive Disorder. I remain concerned about his condition and I recommended to pt and his father that he continue with a program of individual psychotherapy and that he continue with his psychopharmacological intervention.

000225:  Applicant Surrendered to Security Battalion, MCB, Quantico on 000225 (1045).
000229:  NavMedClinic, MH, Quantico, VA: 23 year old single, white male with two years and eight months of continuous active service was referred by Security Battalion for evaluation of suicide risk after he turned himself in from three and one-half months of UA on 25 Feb 00. Mbr reported that he had recently had suicidal thoughts and was distraught at the thought of being returned to his command at Camp Lejeune. After brief contact on 25 Feb 00 during which mbr contracted for safety, he was seen for full initial evaluation and psychological testing on 28 Feb 00 and extended assessment on 29 Feb 00.
         Diagnostic Impression:
         AXIS I: Posttraumatic Stress Disorder (DSM-IV), 309.81); Depressive Disorder Not Otherwise Specified, R/O Major Depressive Disorder (DSM-IV, 311)
         AXIS II - No diagnosis
         AXIS III - No medical condition
         AXIS IV - Combat duty, legal problems
         AXIS V - GAF Current: 50 Past Year: 50
         Recommendation: Mbr is not current suicidal or homicidal and has contracted for safety. However, he should not be returned to his assigned command at Camp Lejeune, as this is associated with past traumatic events and is a trigger for increased emotional distress and suicidal thoughts. While the member faces pending UA/deserter charges, his serious AXIS I psychological disorders of Posttraumatic Stress Disorder and Depressive Disorder Not Otherwise Specified, which impact fitness for duty, were clear contributing factors to his becoming overwhelmed and going UA. The presence of these diagnosed disorders, which did not exist prior to enlistment, should be mitigating factors in current decisions reference disciplinary action . It is recommended that mbr be expeditiously administratively separated. Retention on active duty would not be in the best interests of this member or the United States Marine Corps. He desires to return home to the support of family and continue treatment by his pastor and family physician. In the interim, the mbr will be provided supportive individual therapy and medication management. Has a 1 Mar 00 appt with staff psychiatrist for medication evaluation. Mbr has been informed of results of this eval and expressed understanding of diagnostic impressions and disposition.
000301:  NATNAVMEDCEN Bethesda MD: Initial med eval and details of mbr's circumstances well reported in DR. B_ eval of 29 Feb and won't be repeated. Mbr reported significant change in his emotional functioning in aftermath of assignment to Albania during which he witnessed armed hostility at close range as well as the impact of that hostility on civilians, esp. children……………... His mood has been persistently depressed, appetite decreased with 20 lbs wt loss and he has had long periods of ego-dystonia suicidal ideation without intent.
         Axis I - PTSD, dep do nos, Axis II - def, Axis III - none, Axis IV - legal oce, Axis V - 60.

000303:  Follow-up individual therapy session.

000306:  Follow-up individual therapy session. Diagnosis Impression - unchanged.
000324:  Applicant, having consulted with counsel certified under UCMJ Art 27b, requested discharge for the good of the service to escape trial by court- martial. In the request the applicant noted that his counsel had fully explained the elements of the offenses for which he was charged and that he understood the elements of the offenses. He further certified a complete understanding of the negative consequences of his actions and that characterization of service would be under other honorable conditions. The applicant admitted guilt to the following violations of the UCMJ, Article 86: unauthorized absence from 1 Nov 99 to 25 Feb 2000.

000328:  SJA review determined the case sufficient in law and fact.

000328:  GCMCA [CG, MCB, Quantico, VA] determined that applicant had no potential for further service, that separation in lieu of trial by court-martial was in the best interest of the service, and directed discharge under other than honorable conditions by reason of conduct triable by courts-martial. Directed administrative reduction to E-3

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

 Discussion

The applicant was discharged on 000331 under other than honorable conditions in lieu of trial by court-martial (A and B). The Board presumed regularity in the conduct of governmental affairs (C). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).
Issues 1-5. The applicant’s medical history was known to his command during the time he was processed for separation. Despite the existence of the applicant’s personality disorder, separation is warranted on the basis of his misconduct that could have resulted in a trial by court-martial. The applicant, having consulted with counsel certified under UCMJ Art 27b, requested discharge for the good of the service to escape trial by court- martial. In the request the applicant noted that his counsel had fully explained the elements of the offenses for which he was charged and that he understood the elements of the offenses. He further certified a complete understanding of the negative consequences of his actions and that characterization of service would be under other honorable conditions. The applicant admitted guilt to the following violation of the UCMJ, Article 86: unauthorized absence from 1 Nov 99 to 25 Feb 2000. The applicant’s case was considered under the pertinent standards of equity to determine if any factors in this particular case merited relief. The NDRB found the applicant’s service record devoid of any mitigating or extenuating factors sufficient to offset the seriousness of the offenses for which the discharge was awarded. Relief denied.

 The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, 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 the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. The applicant did not provide sufficient documentation to warrant an upgrade to his discharge. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.



Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6419, SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective
18 Aug 95 until present.

 B. 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 86, unauthorized absence for more than 30 days.
C. 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.

D. 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.

E. 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 “ afls10.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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