Search Decisions

Decision Text

NAVY | DRB | 2004 Marine | MD04-01130
Original file (MD04-01130.rtf) Auto-classification: Denied


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

ex-PFC, USMCR
Docket No. MD04-01130

Applicant’s Request
The application for discharge review was received on 20040628. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a personal appearance hearing before the board in the Washington, D.C. Metropolitan area. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. The Applicant listed Veterans of Foreign Wars as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041222. After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, no impropriety in the characterization of the Applicant’s service was discovered by the NDRB. The Board did find an inequity and the Board’s vote was 4-1 that the character of the discharge shall change to: GENERAL (UNDER HONORABLE CONDITIONS)/UNSATISFACTORY PARTICIPATION IN READY RESERVE, authority: MARCORSEPMAN 6213.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “I am requesting an upgrade because the reason I could not complete my reserve drills is that I was suffering from a mental illness (schizophrenia). I successfully completed Basic Training in Aug 2001 and attended 2-3 monthly reserve drills before I first started feeling the symptoms. The next two years of my life resulted in the decline of my personal, academic, and social life. I also was in my 2nd year of college that fall and also dropped out of school. I also went through about nine jobs in the time following the fall of 2001, the main reason for leaving was either I quit or was fired for failure to show to work. When I had to turn in my equipment upon discharge and I only am repeating this because my mother told me it happened, but I would not go turn in my Marine equipment because according to family, I said “that people were waiting for me at the gates to take me away” and I would not get in the car to turn in my gear. My mother turned my gear into the Reserve Unit and even after she came back with the signed forms, I still did not believe her that noone was “waiting for me”. I was not aware of my actions/symptoms until after I was involuntarily admitted to Western State Psychiatric Hospital in Staunton, VA and started on medication. Now that I look back upon last summer that was the best thing that happened to me, to be involuntarily admitted to the hospital. I was diagnosed in July 2003 as having a psychotic breakdown suffering from the onset of the acute symptoms of schizophrenia. In closing, I just want to say that after I successfully completed the Marine Corps Basic Training, I had high hopes for myself. I was pursuing a career in Law Enforcement and felt that with my degree in criminal justice and the Marine training in my background that was going to be able to go far with my career in the Law Enforcement area, but unfortunately not only did I lose out on the Marines but also the Law Enforcement background due to my mental illness.”

Additional issues submitted by Applicant’s counsel/representative (VETERANS OF FOREIGN WARS):

 2. “ Applicant indicated above requested that Veterans of Foreign Wars act as counsel concerning his application. His records were reviewed on November 16, 2004 and the following comments are hereby submitted.

EQUITY ISSUE: Based on our review of the additional documentary evidence submitted and on behalf of this former member, we request that the Board change the reason for discharge to Secretarial Authority.

In accordance with 32 C.F.R., section 724.166, and SECNAVINST 5420.174C, enclosure (1), paragraph 1 p16, The Veterans of Foreign Wars U.S. submits to the Naval Discharge Review Board (NDRB) the above issue and following statement in supplement to this Applicant’s petition.

This former member was discharged with an Under Than Honorable Discharge. He was diagnosed with SCHIZOPHRENIA and could riot have possibly attended drills. The applicant is requesting that his reason for discharge be changed because he does have a personality disorder. Additionally he was admitted to Western State Psychiatric Hospital.

The Veterans Of Foreign Wars of the U.S. express purpose in providing this statement and any other submittals or evidence filed is to assist this Applicant in the clarification and resolution of the impropriety or inequity raised. To that end, we rest assured that the NDRB’S final decision will reflect sound equitable principles consistent in law, regulation, policy and discretion as promulgated by title 10 U.S.C., sec 1553 , and set forth in 32 C.F.R., part 724 and SECNAVINST 5420.174C.

This case is now respectfully submitted to the Board for their careful and compassionate consideration and request the Applicant 's discharge be reviewed for an upgraded discharge.

W_ G_ C_ ( Applicant 's representative)
 Supervisor ”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Ltr to W_ C_ frm B_ R_ (Applicant’s mother) dtd 040604
Vocational Evaluation Report dtd 040419 (6 pages)
Social Security Administration Notice of Award dtd 040130 (2 pages)
WRAMC Memorandum dtd 040412
Ltr to Col J_ J_ frm R_ N_, M.D. dtd 040227 w/ 5 pages frm Appicant’s records at R.A.C.S.B.
Ltr to Col J_ J_ frm R_ N_, M.D. dtd 031229 w/ 34 pages frm Applicant’s records at R.A.C.S.B. and Western State Hospital

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
          Active: None
         Inactive: None
 Period of Service Under Review :
Date of Enlistment: 010510               Date of Discharge: 021206

 Length of Service (years, months, days):

         Active: 00 03 10
         Inactive: 01 03 23

 Age at Entry: 19                          Years Contracted: 8

Education Level: 12                        AFQT: 42

 Highest Rank: PFC                          MOS: 9900

 Final Enlisted Performance Evaluation Averages (number of marks):
 Proficiency: 4.2 (1)                       Conduct: 4.2 (1)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):
 UNDER OTHER THAN HONORABLE CONDITIONS/UNSAT PARTICIPATION IN READY RESERVE; authority: MARCORSEPMAN 6213.
 Chronological Listing of Significant Service Events :

010524:  Enlistment contract into the USMCR documents acknowledgement of the requirement to participate in 48 scheduled drills and not less than 14 days of annual training per year for 6 years upon completion of initial active duty training.

021206:  GCMCA [CG, 4 th MARDIV] directed the Applicant's discharge under conditions other than honorable by reason of misconduct due to unsatisfactory participation in the Ready Reserve.

*Complete discharge package not available in service record

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20021206 under other than honorable conditions for misconduct due to unsatisfactory participation in the Ready Reserve (A, B, and C). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper but not equitable (D and E). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (F).

Issue 1. When reviewing a discharge, the NDRB considers the extent to which a medical problem might affect an applicant’s performance and ability to conform to the military’s standards of conduct and discipline. As a result, the Board found that the Applicant’s medical condition affected his conduct while serving in the Marine Corps Reserve and that his medical condition mitigated his misconduct. The Board found that the characterization of discharge of Under Other Than Honorable Conditions was inequitable. The board found that the Applicant’s medical condition did not provide sufficient mitigation to warrant an Honorable discharge and voted to change the characterization of discharge to General (Under Honorable Conditions). Partial relief granted.

The Applicant remains eligible for a personal appearance hearing, provided an 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 other evidence related to his discharge at that time. Representation at a personal appearance hearing is recommended but not required.



Pertinent Regulation/Law (at time of discharge)

A. Paragraph 6213 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 01 Sep 2001 until Present.

B. Marine Corps Reserve Administrative Management Manual, MCO P1001R.1, Chapter 3, Reserve Participation and Administrative Procedures, paragraph 3300.

C. Table 61 of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 01 Sep 2001, Guide for Characterization of Service.

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

F. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

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 “ http://Boards.law.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:

                  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


Similar Decisions

  • USMC | DRB | 2003_Marine | MD03-01179

    Original file (MD03-01179.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 000519: Letter of intent to administratively separate under other than honorable conditions for the failure to participate in reserve training was sent via certified mail, return receipt requested. Pertinent Regulation/Law (at time of discharge)

  • USMC | DRB | 2006_Marine | MD0600256

    Original file (MD0600256.rtf) Auto-classification: Denied

    Every time I was notified of drill, I called my Unit and informed the Navy Doc of my medical status i.e. that my back was still hurt and I had not had surgery because the doctors would not perform it. ]980807: Applicant absent from 1 drill,unexcused.980807: Commanding Officer/Inspector Instructor, Headquarters and Service Company, 1 st Battalion, 25 th Marines, 4 th Marine Division signs Notification of Separation Proceedings advising Applicant of intended recommendation for discharge by...

  • NAVY | DRB | 2004 Marine | MD04-00133

    Original file (MD04-00133.rtf) Auto-classification: Denied

    MD04-00133 Applicant’s Request The application for discharge review was received on 20031023. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Relief cannot be granted under these circumstances by this Board.The Applicant’s discharge characterization accurately reflects his service to his country.

  • USMC | DRB | 2005_Marine | MD0501268

    Original file (MD0501268.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable or “Hardship.” The Applicant requests a documentary record discharge review. In 2000, I did try to appeal, but was told that I needed to get a DD-214, showing that I was officially discharged; the paperwork in Packet 1 was not the “right” discharge papers with which to appeal. Purpose of Letter to the NDRB : I write to you to appeal this long-standing code of Failure...

  • USMC | DRB | 2001_Marine | MD01-00382

    Original file (MD01-00382.rtf) Auto-classification: Denied

    I was trying to make ends meet for my family and at the same time I had to attend my drills without pay. 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 (E and F).The applicant’s issue was a letter in which he described contributing factors in his discharge as well as dental issues that caused him to not participate in required drills. The Board found no evidence in the...

  • USMC | DRB | 2006_Marine | MD0600672

    Original file (MD0600672.rtf) Auto-classification: Denied

    Private First Class B_ (Applicant) has stated to HM2 H_, “That I have no desire to return to the unit and remain in the Marine Corps.” HM2 P_ had told Private First Class B_ (Applicant) the way to correct his deficiencies through his chain of command and that if he did not then a list of consequences was given to him under the references (a) and (b). Private First Class B_ (Applicant) did not show up for the May drill and was given Unexcused for those drills. It is requested that Private...

  • USMC | DRB | 2002_Marine | MD02-00705

    Original file (MD02-00705.rtf) Auto-classification: Denied

    MD02-00705 Applicant’s Request The application for discharge review, received 020422, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a documentary record discharge review. F_, Detective, LA Police Dept, Homicide Section Character Reference letter, undated, from employer, B_ P. B_ Character Reference letter dtd Feb 27, 2002, from employer, J_ E_, Operation manager Letter of full-time enrollment, Platt College, dtd Apr 4,...

  • NAVY | DRB | 2004 Marine | MD04-01026

    Original file (MD04-01026.rtf) Auto-classification: Denied

    MD04-01026 Applicant’s Request The application for discharge review was received on 20040607. The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. I was discharged December 13, 2001 from the Marine Corps with an Other Than honorable discharge.

  • USMC | DRB | 2006_Marine | MD0600064

    Original file (MD0600064.rtf) Auto-classification: Denied

    MD06-00064 Applicant’s Request The application for discharge review was received on 20051004. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Applicant unavailable for signature.040307: Commanding Officer, Headquarter and Service Company, 4 th Landing Support Battalion letter to Lance Corporal A_ S. K_, regarding unsatisfactory participation in the Selected Marine Corps Reserves for the following reason: 4 unexcused absences during 6-7 Mar 2004.040307: Counseling/Page 11 Entry: Applicant...

  • USMC | DRB | 2005_Marine | MD0500880

    Original file (MD0500880.rtf) Auto-classification: Denied

    I feel I should have been discharged with a rank of an E-2 and an Honorable Discharge. ” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Memorandum from Major K_ P. M_ MC USA, dtd January 3, 1995 3 pages from Applicant’s service record book Ltr from The Hughston Clinic, dtd August 1, 1994 (2) Medical record document from Dr. M_ B. H_, MD, dtd June 28, 1994 6 pages from Applicant’s medical record by Martin...