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USMC | DRB | 2002_Marine | MD02-00669
Original file (MD02-00669.rtf) Auto-classification: Denied


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


ex-LCpl, USMC
Docket No. MD02-00669

Applicant’s Request
The application for discharge review, received 020408, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a personal appearance hearing discharge review before a traveling panel closet to Pittsburgh, PA. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the Applicant, she was informed that the Naval Discharge Review Board (NDRB) does not travel, all hearings are held in the Washington, D.C. Area. The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030131. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did discern an inequity in the characterization of the Applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change. The Board voted 3-2 that the narrative reason for separation will remain the same. The discharge shall change to: HONORABLE/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


 Issues, as submitted

1. The Character of Discharge is not warranted based on my military record. There are no disciplinary actions against me while in service and the discharge is based on an initial diagnosis of Post Traumatic Stress Disorder as a result of a sexual assault in July 1999. This diagnosis was made at the Lafayette River Mental Health Clinic in Norfolk, VA and a copy is attached. Following the assault, I began having asthma like attacks that continued and a general deterioration of my medical condition. In attempting to return to "normal" life, I met my husband and became pregnant with twins. In October of 2000, I learned that one of the children had died in utero. This increased the anxiety and made remaining in the USMC impossible.
I have attached copies of the Statement of Character by my immediate chain of command which is part of the Separation Proceedings. The statements all recommend that I be separated due to the stress in my life and recommended an honorable discharge.
There is no basis in my record for the "General under honorable" characterization or the narrative reason of "Personality Disorder". The Axis I diagnosis of PTSD following the assault is appropriate and is discussed in the mental health notes from September and October 2000. Although there is an Axis II diagnosis of Personality Disorder, it was not a primary cause for discharge. There is a diagnosis of Dysthymic Disorder on the same note, it is more than reasonable to expect depression as a result of the loss of a child, and a sexual assault.
I am also attaching a copy of my Service Connection award from the Department of Veterans Affairs which include medical exam result and the diagnosis of sever chronic PTSD, resulting from the sexual assault. I am being victimized by the military for a medical condition that should have been treated appropriately while I was in service.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Copy of Commanding General's Separation Authority
 Copy of Notification of Separation Proceedings (2 pages)
 Purpose and Scope of NDRB and BCNR (4 pages)
Letter of Recommendation from D.R. B_, USMC, SGTMAJ
 Copy of Commanding Officer's Recommendation for Separation
 Statement of Character from Major K_ L. T_ (3 pages)
Statement of Character from MGySgt T_ P. W_ (3 pages)
Statement of Character from MSgt E_ C. O_ (3 pages)
 Routing Sheets (2)
Mental Health Outpatient Consultation (8 pages)
 Medical Claim from Department of Veteran Affairs (3 pages)
 Medical Claim Appeal Information (1 page)
Vocational Rehabilitation Benefits Information (1 page)
 Application for Vocational Rehabilitation
 Disability Compensation Award Information (1 page)
 Rating Decision from Department of Veterans Affairs (5 pages)
 Copies from Medical Record (62 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
          Inactive: USMCR(J)                971213 - 981206  COG

 Period of Service Under Review :
Date of Enlistment: 981207               Date of Discharge: 010215

 Length of Service (years, months, days):
         Active: 02 02 09
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 71
Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: NMA*                          Conduct: NMA
Military Decorations: None

 Unit/Campaign/Service Awards: None
Days of Unauthorized Absence: None

 *No Marks Available for review.

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

GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :

001011:  Medical Evaluation:
        
Reason for Referral : To evaluate symptoms of anxiety possibly associated with a sexual assault which occurred in July of 1999. Patient has been medically assessed for asthma/exercise induced asthma and little evidence is being found. She complained of shortness of breath as well as anxiety.
         AXIS I : Dysthymic Disorder
        
         AXIS II : Personality Disorder not otherwise specified.
         AXIS III : Six weeks pregnant rule out asthma.
Disposition : In an effort to identify symptoms of anxiety associated with post traumatic stress disorder as well as perhaps any other psychological indicators, service member agreed to take an MMPI and MCMI on this date. Interpretation will be shared with her on her next meeting.
 At this point in time, patient is not requesting to be discharged from the military. She is having to contend with a number of issues as related to her responsibilities to the military as well as her family. It is this provider's impression that possibly as she works through this first trimester in her pregnancy and has an opportunity for supportive counseling she maybe able to reconcile her relationship with the military at some point in time. It is also this provider's impression that we may well have to recommend an administrative separation. At this point in time, however, patient remains psychologically fit for full duty. She has a return appointment in one week.
001018:  Patient completed psychological testing. Both the MMPI-II and the MCMI-II are considered valid.
        
         MCMI-II : Reflects a schizoid avoidant, antisocial, and passive aggressive personality configuration. With regard to rather long-term psychopathology, she does score in the area of prominence for schizotypal traits. This seems to reflect her rather long standing fantasy world and efforts at magical thinking. She is not psychotic by any means; however, she has rather retreated into her own autistic fantasies. By her own description when this fantasy or the realities associated with these fantasies were threatened as a child, she would behaviorally act out.

         MMPI-II : Reflects a profile of questionable validity; however, it may also reflect the sense of urgency that she is currently feeling. She sees that she has few psychological resources to manage her own distress in life. Clinical scales reflects an histrionic configuration where she is frequently prone to somatizing psychological concern. Hence, that can explain her shortness of breath and/or symptoms of asthma associated with the ongoing stressors. On a more long-standing basis, there is evidence of anxiety associated with a borderline personality configuration. Since she has not endorsed any active or past psychotic processing, the elevation on scale 8 probably reflects the schizotypal borderline processing. Testing was discussed with the patient and understood. Patient came in complaining of headaches and feeling weak with difficulty sleeping. Notes that she is due to marry on November 30. We discussed and/or this provider attempted to inquire regarding symptoms of anxiety associated with her sexual assault in July 1999. The only symptoms that she is describing at this time are the generalized ambivalence and anxiety that she feels around men in uniform. Again does report that she quite often becomes tearful; however, is making that conscious effort to look at things realistically. Her major concern again is feelings or fears of abandonment as relates to her future relationship with her child and the conflict that it may cause with the military. It's becoming rather evident based on the psychological evaluation and her current complaints that we may well have to recommend a separation from the military. Will hold off on any discussions of that until service member verbalizes them herself. Again, at this point in time, it is highly possible that her symptoms are a reflection of, it not exacerbation by, her first trimester of pregnancy.

001026: Service member came in with a typed statement that she wrote reflecting her many reasons or beliefs as to why she thinks that she should be out of the military. A copy of that statement can be found in her mental health record and she asked that we not make it available to her command. It should also be noted that this morning she learned that the heart of one of the twins stopped beating about three days ago. She notes that the obstetrician says that they have to watch her carefully to make sure nothing happens to the other baby. She was quite emotionally distressed understandably and was uncertain as to how she could share this with her fiancé who is currently out in the field. She realizes she simply is going to have to wait for him to come home over the weekend. The news of the loss of one of these twins has certainly added insult to injury to her capacity to cope and carry on. She is ever more convinced that she cannot maintain in the military. Based on the service member's rather long-standing history for depression and character pathology, this provider tends to concur with her need to leave the military. Given her chronic history for depression and character pathology, it is felt that it would probably be in the best interest of this service member as well as the command if she were permitted to separate from the military. It is felt that she is no longer suitable for service and at this point in time would probably be best if her security clearance were lifted… Patient is scheduled for a follow up appointment in one week.

001106:  Patient came in for her scheduled appointment. Patient indicated that everyone seems to be onboard with her administrative separation and recommendation. I advised her that I had made a phone call to Major T_ last week with regards to the separation recommendation and explaining to the Major that the paperwork would be forthcoming. I advised her that Major T_ appeared to be quite supportive of her as an individual and made herself available in the event that she was experiencing any distress. I advised her also that I had heard from Dr. M_ with regards to the same need for paperwork to support this administrative separation recommendation. Patient did express some anxiety about the process and the time frame involved. She thought that she was going to be removed from her current responsibilities indicating that both the work as well as the relationship with a couple of her staff NCOs were rather stress provoking. I took the time to write a statement to the effect that possibly her security clearance should be lifted and that in fact she should be removed from her rather normal responsibilities. Patient discussed the fact that her fiancé was quite upset over the loss of one of her twins. He thinks that someone should be held responsible, but the patient attempted to stress to him that if it was anyone's responsibility, it was hers alone. Patient has no immediate plans as to what she's going to do in the future after she separates from the military. Her most prominent concern is over the welfare of this unborn child and her intent to make a happy home. Mental status is within normal limits. There are no suicidal or homicidal ideations. Patient indicates that she's making every effort to cope with continued activities within the military. Patient was advised that her paperwork would be completed hopefully by this week and would be coming in to pick up copies for her command. A follow-up appointment will be scheduled at that time.
xxxxxx:  Applicant notified of intended recommendation for discharge under honorable conditions (general) for the convenience of the government due to a personality disorder, based upon a diagnosis from the Naval Hospital, Camp Lejeune, North Carolina.
001228:  Commanding Officer recommended discharge under honorable conditions (general) for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychological evaluation. The factual basis for this recommendation was a diagnosis from the Naval Hospital, Camp Lejeune, North Carolina.

010206:  SJA review determined the case sufficient in law and fact.

010212:  GCMCA [Commanding General, II Marine Expeditionary Force] directed the Applicant's discharge under honorable conditions (general) for convenience of the government due to a personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010215 under honorable conditions (general) for convenience of the government due to a personality disorder (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 but not equitable (D and E).
Issue 1. The Board found that in the Applicant’s case, the characterization of service should have been based on her service record. The Board found no adverse information that would preclude award of an honorable discharge. Relief is therefore granted.
However, the Board found that the narrative reason for separation was proper and equitable. The Applicant was diagnosed with a personality disorder on 001011. The information contained in the record and provided by the Applicant did not persuade the Board that an inequity or impropriety occurred concerning her diagnosis with a personality disorder and subsequent discharge for that reason.

The Applicant is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her discharge. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at a personal appearance hearing is recommended but not required.




Pertinent Regulation/Law (at time of discharge)
A. Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 until Present.

 B. Table 6-1, Guide for Characterization of Service, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 until Present.

 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 “ 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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