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USMC | DRB | 2005_Marine | MD0501067

Original file (MD0501067.rtf) Auto-classification: Denied

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

FOR OFFICIAL USE ONLY

ex-Pvt, USMC
Docket No. MD05-01067

Applicant’s Request

The application for discharge review was received on 20050606. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “medical issues.” The Applicant requests 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 20051027. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character of the discharge and reason for discharge shall not change. The discharge shall remain Under Other Than Honorable Conditions by reason of misconduct due to a pattern of misconduct.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

Item 6. ISSUES:
“My misconduct was due to my mental disorder. I was not diagnosed correctly and needed medication to help me live normally, make good decisions and be productive. My doctor and I believe the psychiatric problems impaired my ability to serve. I had no major problems the first 2 years in the Marines. Also the misconduct I had were minor offenses, and the UA’s were late to work not off the base somewhere. My other offenses were Article 92’s correct clothing and not having my cover etc.”

Item 8. SUPPORTING DOCUMENTS:
“DD 214 Citations
Medical Records in service Mental Health established in Marines was being discharged with notable mental distress from Marines seen by psychiatrist at home. Hospitalized for 3 weeks Has to do outpatient. Medications shown. Currently seeing counselor. Letter sent to commanding officer when discharge was changed (letter by family). Enrolled in college and working part time. Guardian letter.”

Item 16. REMARKS:
“I entered the service on my own and wanted to be a Marine. I am sorry things did not work out completely as planned. I do want to move on, better myself and make a good life. I think I can at least do that with the help I am getting now. Thank you”

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214 (Service 2)
Medical ltr from Johnson Memorial Hospital Psychiatric Unit, N_ P_, MD, dtd October 27, 2004
Ltr from Enfield Partial Hospital Program of Johnson Memorial Hospital, D_ G_, LMFT, Clinician, dtd November 17, 2004
Ltr from Johnson Professional Associates, P.C., D_ C. W_, APRN, Clinical Specialist, Adult Psychiatry, dtd April 26, 2005
Ltr from Commanding Officer, Naval Hospital, Camp Lejeune, NC, dtd July 17, 2003
Mental Health Outpatient Consultation SF-513, August 01, 2003 (5 pages)
Report of Medical Assessment, dtd October 16, 2003 (2 pages)
Symptoms, Diagnosis, Treatment Treating Organization, B_ D. S_, undtd
DD Form 2807-1, pages 2-3 of 3, dtd October 16, 2003 (2 pages)
Counseling, dtd July 08, 2003 (3 pages)
Ltr of Appreciation from Commanding General, Marine Corps Base, Camp Lejeune, dtd June 01, 2004
Ltr from Commanding Officer, Marine Aircraft Group 29, dtd September 9, 2003
Marine Corps Exit Survey, dtd September 5, 2003
Career Planning Contact Record, dtd September 08, 2003 (2 pages)
Applicant’s Detail Statement, dtd January 6, 2005 (2 pages)
Patient Medication Instructions, undated (2 pages)
Ltr from Jonhson Memorial Hospital, L_ M_, MSW, dtd October 1, 2004
Email message, dtd October 11, 2004
Ltr from Johnson Memorial Hospital, L_ M_, MSW, dtd October 19, 2004
Ltr from CIGNA Behavioral Health, dtd October 26, 2004
Ltr from Gibbs College, E_ J_, Support Coordinator, dtd January 10, 2005 (2 pages)
Character Reference Ltr from Y_ J. W_, Guardian, dtd May 25, 2005
Applicant’s final grades from Gibbs College, Winter & Spring Semester 2005
Academic Certificate for President ‘s List, Winter Term, 2005
Academic Certificate for Dean’s List, Winter Term, 2005

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

         Inactive: USMCR (DEP)    20000718 – 20001126               COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 20001127             Date of Discharge: 20040525

Length of Service (years, months, days):

Active: 03 05 29
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: None                                                             Confinement:              None

Age at Entry: 18

Years Contracted: 5

Education Level: 12                                 AFQT: 52

Highest Rank: PFC                                   MOS: 3043

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency: 3.8 (7)                                Conduct: 3.8 (7)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Sea Service Deployment Ribbon, Presidential unit Citation, Certificate of Appreciation, Rifle Qualification Badge (Sharpshooter)

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.3.

Chronological Listing of Significant Service Events :

010620: Counseling: Advised of deficiencies in performance and conduct (for being dropped from the MAGTF Intelligence Specialist Course for academic failure). Necessary corrective actions explained and sources of assistance provided.

010705: Detachment NJP for violation of UCMJ, Article 86: Unauthorized absence in that SNM was UA from his point and place of duty from 0600 to 0704 on 010625.
         Award: Forfeiture of $482.00 per month for 1 month, restriction for 14 days, reduction to E-1. Not appealed.

010824: Acknowledged understanding of eligibility but not recommended for promotion to PFC for the month of September 2001 promotion because of restriction until 011004.

030717: Commanding Officer, Naval Hospital, Camp Lejeune, NC letter to Commanding Officer, MAG-29, MCAS, New River: “I conclude under Article 15-23 of the MANMED, that this Marine suffers from a personality disorder that is so severe that the Marine’s ability to function effectively in the military is significantly impaired. Personality disorders are described in Axis II of the multiaxial classification in the Diagnostic and Statistical Manual (DSM-IV) of Mental Disorders. The member is not mentally ill and is responsible for his behavior. However, this member does manifest a long-standing disorder of character and behavior which is of such severity as to interfere with his ability to function effectively in the military environment. Although not immediately suicidal or homicidal, the member poses a continuing risk to do harm to self or others and negatively impact unit effectiveness and moral if retained in naval service. Therefore, I strongly recommended that the 6105 entry be waived and the member be processed for an administrative discharge in accordance with MARCORSEPMAN paragraph 6203.3 by reason of unsuitability.”

030801: Report of Mental Health Outpatient Consultation on July 10 and 11, 2003 by Clinical Psychologist S. C. G_, Psy. D.: “The patient is a 21 year old, single, Caucasian male, United States Marine Corps, Private First Class, active duty, with three years of active military service stationed at MAG 29, Marine Corps Air Station, New River. He was formerly a Lance Corporal. He was sent with the group who went to Kuwait and Iraq for six months on the U.S.S. Saipan.
Chief Complaint: The patient was referred to Psychiatry while on board the U.S.S. Saipan by his Medical Officer due to multiple disciplinary issues and at the patient’s request. He had complained of one panic attack which lasted for three hours and had reported panic attacks prior to enlistment on a number of occasions.
Psychiatric History: Patient was evaluated on 22 June 2003 while on board the U.S.S. Saipan. He has no other previous psychiatric history.
Mental Status Examination: The Mental Status Examination revealed a young white male who looks approximately his age or possible a little bit younger. He is alert and oriented for person, place, time and situation. His speech was within normal limits although occasionally he did not appear to be attending to the questions asked of him and therefore his response sometimes was delayed or not quite on target. His thought processes were coherent. There was no report of any hallucinations ever. There was no evidence of delusions, thought disorder or psychosis. His mood was euthymic and his affect congruent and full range. He denied any suicidal thoughts ever. He also denied any incidents of self injury or any homicidal thoughts. His judgment was regarded as adequate for medical/legal purposes. His impulse control was regarded as fair. His insight into his own psychological functioning was limited.
Diagnoses: AXIS I. Cyclothymic disorder, AXIS II. Personality disorder, not otherwise specified with passive/aggressive and some narcissistic features, AXIS III. no diagnosis, AXIS IV. Psychosocial stressors include difficulty complying with Marine Corps rules and routine military service, AXIS V. Global assessment of functioning: 70 (current)
Recommendations:
1. The patient was asked on 10 July 2003 to take two psychological tests which he said he would do. When he realized how long the tests were, although previously he had been informed, he refused to take the tests. These were asked for in order to help with the diagnosis and disposition of this patient.
2. Patent is considered Fit for Active Duty however Unsuitable due to the severity of his Personality Disorder.
3. A letter recommending administrative separation will be sent to his command based on the assessment conducted on 10 and 11 July 2003.
4. This patient is responsible for his behavior and is not mentally ill. He appears capable of completing all Marine Corps requirements and has been in for three years. However, in a passive type of way the patient communicates that he really does not want to follow Marine Corps rules or do what is expected of him.”

040107: Squadron NJP for violation of UCMJ, Article 92: Failure to obey order or regulation. On 4 Jan 04, PFC E_ R. W_ violated the MCO code by wearing a nose ring.
         Award: Forfeiture of $668.00 pay per month for 1 month. Duty as GDC in Alphas for two Saturdays (10, 17 Jan 2004). Not appealed.

040107: Counseling: Advised of deficiencies in performance and conduct (Violation of UCMJ, Article 92, failure to obey order or regulation by wearing a nose ring), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

040122: Squadron NJP for violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty as the MAG-29 Group Duty Clerk from
0730 to 0930 on 17 January 2004.          Award: Forfeiture of $596.00 pay per month for 1 month. Duty as GDC in Alphas for two Saturdays, the first in cammies (24, 31 Jan 2004). Reduction to Pvt. Not appealed.

040122: Counseling: Advised of deficiencies in performance and conduct (Violation of UCMJ, Article 86, unauthorized absence by failing to be at my appointed place of duty on 040117). Necessary corrective actions explained and sources of assistance provided. Applicant advised that he is being processed for administrative separation.

040329: Squadron NJP for violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty at 0630 on 22 March 2004, MAG-29 supply PT formation.
         Violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty as MAG-29 Group Duty Clerk at 0730 on 20 March 2004.
         Award: Forfeiture of $298.00 pay per month for 2 months. Not appealed.

040421: Applicant notified of intended recommendation for discharge with the least favorable characterization of service under other than honorable conditions by reason of misconduct due to a pattern of misconduct. The factual basis for this recommendation was numerous violations of the UCMJ during this enlistment as evidenced by your adverse page 11 entries and nonjudicial punishments on 11 April 01, 07 Jan 04 and 22 Jan 04.

040421: Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

040421: Commanding Officer, Marine Aircraft Group 29, recommended to Commanding General, 2d Marine Aircraft Wing that the Applicant be discharged under other than honorable conditions by reason of misconduct due to pattern of misconduct.

040517: SJA review determined the case sufficient in law and fact.

040517: Commander, 2d Marine Aircraft Wing, advised the Commandant of the Marine Corps, that the Applicant be discharged under other than honorable conditions by reason of misconduct due to pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040525 by reason of misconduct due to a pattern of misconduct (A) with a service characterization of under other than honorable conditions. 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 (B and C).

The Applicant contends that his service characterization as Under Other Than Honorable Conditions was inequitable because his misconduct was due to his mental disorder. On 20030717, a competent medical authority concluded that the Applicant suffered from a personality disorder that is so severe that the Applicant’s ability to function effectively in the military is significantly impaired. The medical officer also stated that the Applicant was not mentally ill and was responsible for his behavior. The Applicant is advised that the mere presence of a personality disorder is not a bar to military service. In this case, the Board found no evidence in the record to suggest that Applicant was not responsible for his misconduct or that he should not be held accountable for his actions. Likewise, the Board could discern no impropriety or inequity attributed to the fact that Applicant was permitted to continue his service despite the presence of a diagnosed personality disorder. Therefore, the NDRB considered the Applicant’s characterization of service equitable. Relief denied.

The Applicant also contends that his discharge was inequitable because his mental condition was misdiagnosed. The Applicant was diagnosed with a personality disorder by competent medical authority on 20030717. The Applicant submitted post service statements, which suggests a different diagnosis. The Board determined that these documents were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder. Notwithstanding, the Applicant was discharged based on a well-documented pattern of misconduct. His subsequent administrative separation was proper and equitable. Relief on this basis is denied.

The Applicant requests that his Narrative Reason for Separation be changed to “medical issues.” The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. The summary of service clearly documents the pattern of misconduct for which the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. To change the Narrative Reason Separation would be inappropriate. Relief denied.

The Applicant further contends that his discharge was inequitable since his misconduct should have been considered minor offenses. Whenever a Marine is involved in misconduct, in this case, a pattern of misconduct, commanders will process the Marine for separation unless rehabilitation and retention are warranted. Characterization of service normally will be under other than honorable conditions. The Applicant’s record is replete with entries, which satisfy the elements for pattern of misconduct. Indeed, the Applicant’s records contain:
•         Counseling entry on 20010620 for academic failure from the MAGTF Intelligence Specialist Course;
•         Nonjudicial punishment on 20010705 for violation of UCMJ Article 86 Unauthorized absence;
•         Nonjudicial punishment on 20040107 for violation of UCMJ Article 92 Failure to obey order or regulation;
•         Retention warning on 20040107 for violation of Article 92;
•         Nonjudicial punishment on 20040122 for violation of UCMJ Article 86 Unauthorized absence;
•         Counseling entry on 20040122 for violation of Article 86; and
•         Nonjudicial punishment on 20040329 for two specifications of violation of UCMJ Article 86 Unauthorized absence.
The Applicant’s conduct, which forms the primary basis for determining the character of his service, falls well below that required for an honorable characterization of service. An upgrade to honorable would be inappropriate; therefore relief is denied.

While 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 Marine Corps, the Board is authorized to consider post-service factors in the recharacterization of a discharge 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. 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. The Applicant submitted a Grade Report from Gibbs College for consideration. The Applicant is advised that his efforts need to be more encompassing to include verifiable employment records, documented community service, and certification of non-involvement with civil authorities. At this time, there i s not sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in his characterization of discharge. And so, no relief is granted on this basis .

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 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 01 Sep 2001 until Present.

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

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

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

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USMC | DRB | 2005_Marine | MD0501067

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