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USMC | DRB | 2005_Marine | MD0501351
Original file (MD0501351.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. MD05-01351

Applicant’s Request
The application for discharge review was received on 20050810. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). The Applicant requests a documentary record discharge review. The Applicant designated the Director, Linn County Commission of Veterans Affairs as his representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060413. 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 Uncharacterized by reason of convenience of the government due to a personality disorder.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

 “I am filing for service connected compensation for back injury while in the service. I am also requesting an upgrade in my discharge from Uncharacterized to medical I completed basic training on September 24th 2004. Throughout basic training I experienced numbness and or loss of feeling in my legs. My numbness occurred after caring a backpack or any weight on my shoulders. One of my NCO’s recommended I see my family physician at home. While on leave, the University of Iowa examined me and suspected nerve damage. The hospital recommended treatment. When I returned from leave I requested a change of MOS. I also requested that my back be looked at as recommended by the University of Iowa. The Marines transported me from Camp Pendelton to Balboa Navy Hospital. They transported me by ambulance. Now I am receiving bills for the ambulance ride. I believe since I was on active duty the Marine Corp [sic] is responsible for the bill. Enclosed is diary of what I experience along with letters from the Marine Corp to support my claim. I did not go for a medical”

Additional issues submitted by Applicant’s counsel/representative:

“Issue 1: Back injury caused by Marine Corp

Issue 2: Upgrade in discharge from uncharacterized to medical.

Issue 3: Pay medical bills incurred while on active duty”

 Applicant’s Remarks: (Taken from the DD Form 293.)

 I am filing for service connected compensation for back injury while in the service. I am also requesting an upgrade in my discharge from Uncharacterized to medical I completed basic training on September 24th 2004. Throughout basic training I experienced numbness and or loss of feeling in my legs. My numbness occurred after caring a backpack or any weight on my shoulders. One of my NCO’s recommended I see my family physician at home. While on leave, the University of Iowa examined me and suspected nerve damage. The hospital recommended treatment. When I returned from leave I requested a change of MOS. I also requested that my back be looked at as recommended by the University of Iowa. The Marines transported me from Camp Pendelton to Balboa Navy Hospital. They transported me by ambulance. Now I am receiving bills for the ambulance ride. I believe since I was on active duty the Marine Corp [sic] is responsible for the bill. Enclosed is diary of what I experience along with letters from the Marine Corp to support my claim. I did not go for a medical board and was as noted in my enclosure Psychiatrist, D_ S_ stated I was not risk to self or others, and I had no mental health issues.

 Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Letter from D_ L. T_, Director, Commission of Veterans Affairs, Linn County, Iowa, dtd December 28, 2005
Statement in support of claim from Applicant, dtd August 4, 2005 (2)
Chronological listing of events from Friday, September 24 through Friday, November 5 (7 pages) (2 copies. Copy one contains a duplication of the page labeled “Tuesday, November 2”)
Bill from Americare Ambulance, dtd May 5, 2005 (2)
Letter to Senator H_, dtd November 2, 2004 (2)
Letter from Commanding Officer, Student Administration Company, Headquarters and Support Battalion, School of Infantry, Camp Pendleton, California, dtd October 15, 2004 (2)
Letter from Commanding General, Marine Corps Base, Camp Pendleton, California, dtd October 25, 2004 (2)
Letter to private representative, dtd December 6, 2005
Applicant’s DD Form 214 (Member 1 and 4)
DD Form 149, dtd August 4, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20031120 - 20040627      COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 20040628             Date of Discharge: 20041206

 Length of Service (years, months, days):

 Active: 00 05 09
          Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

 Age at Entry: 18

 Years Contracted: 4

 Education Level: 12                                 AFQT: 80

 Highest Rank: Pvt                                   MOS: 9971

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (1)                                Conduct: 4.2 (1)

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): National Defense Service Medal, Rifle Marksman Badge


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNCHARACTERIZED/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :

040831:  Automated SF 600 entry: Patient reports for nausea, vertigo, lightheaded/feet tingling. Assessment: Dehydration.

041005:  Naval Hospital, Camp Pendleton, CA. Applicant’s Radiologic Examination Report: Impression: Normal lumbosacral spine.

041006:  Patient admitted to Naval Hospital, Camp Pendleton, CA. Applicant seen for possible cauda equine syndrome. [Partially extracted from medical record entry dated 041101.]

041006:  Medical evaluation by D_ S_, LCDR, MC, USN, Staff Psychiatrist, Naval Hospital Camp Pendleton, CA.
          AXIS I: Adjustment disorder with depresses mood.
         AXIS II: Deferred.
         AXIS III: Deferred.
         AXIS IV: Problems with occupation.
         AXIS V: 45-50.
         Recommendation: “1. No imminent risk to self or others at this time. 2. Psychiatrically fit for duty. However, regardless of etology of his physical symptoms, he does not appear suitable for continued service. No mental healt treatment, include hospitalization is indicated. It is recommended that he receive an entry level separation, and his emotional state will improve.
         Interviewed patient on 04 Oct. He appears very disappointed about “failing” to become a Marine, and frequently displays tears congruent with this. Malingering, factious disorder, and even conversion disorder are very unlikely given his presentation...”
         Staff notes: “...doubt (highly) urine incontinence is based on organic neurological disorder... Given his age, new to disciplined life in the Marines, as well as overall good health, strongly suspect conversion disorder. Therefore, only recommendation would be entry level separation. If he is to continue to be hospitalized, recommend transferring patient to 4. ”

041008:  Patient Discharged from Naval Hospital, Camp Pendleton, CA. Discharge diagnoses: Episodic incontinence without neurological findings. Hospital Course: Patient did not have any numbness in lower extremities nor any episodes of bladder incontinence during this hospitalization. Patient remained afebrile with stable vital signs. Patient was seen by psychiatry, neurology, and urology. At discharge, patient was ambulating without problem, voiding, afebrile, and tolerating a regular diet.

041021:  Naval Hospital, Camp Pendleton, CA. Applicant’s Radiologic Examination Report: Findings: Vertebral bodies have normal alignment, height, and signal intensity. Spinal cord has normal signal intensity and contour. Posterior cranial fossa contents are within normal limits. No paravertebral abnormalities are identified. The following levels were evaluated in the axial plane:
         C2-3 through T12-L1: No disk bulge or protrusion; neural foraminal or central spinal stenoses; or facet, uncovertegral or ligamenta flava.

041021:  Naval Hospital, Camp Pendleton, CA. Applicant’s Radiologic Examination Report: Impression: Normal lumbar spine MRI.

041021:  Naval Hospital, Camp Pendleton, CA. Applicant’s Radiologic Examination Report: Impression: No acute intracrainal process.

041021:  Medical evaluation by Branch Medical Clinic, San Onofre. S: To medical under escort. Made threats to go home and shoot self. States frustrated over lack of discharge. Recommended by MHO-NHSD to adsep-conversion D/O. Denies current SI/HI. A: 1. Probable depression. 2. Conversion D/O by Hx (see notes). P: Return with escorts. 72 hour MHU eval requested. Follow up in AM, PRN.

041025:  Naval Hospital, Camp Pendleton, CA. Applicant’s Radiologic Examination Report: Impression: No intrinsic or extrinsic spinal lesions identified.

041025:  Medical evaluation by P. S_ LT, MC, USNR, Staff Psychiatrist, Naval Hospital Camp Pendleton, CA, Mental Health Department.
          AXIS I: Adjustment disorder with depresses mood and anxiety.
         AXIS II: Personality disorder not otherwise specified with dependent features.
         AXIS III: Deferred.
         Recommendation: “Expeditious Administrative Separation based on the service member’s Personality Disorder and inability to adapt to the military environment as evidence by his depressed mood, and recurrent suicidal ideation.”

041026:  Counseling: Advised of deficiencies in performance and conduct (Physical condition (personality disorder NOS with dependant features) which interferes with duties, specifically, the inability to participate in rigorous exercises, conditioning hikes, and field duty.), necessary corrective actions explained, sources of assistance provided, and advised if condition continues to affect performance may be processed for administrative separation.

041027:  Applicant found fit for separation.

041101:  Medical evaluation by P. S_ LT, MC, USNR, Staff Psychiatrist at Naval Hospital Camp Pendleton, Mental Health Services :
         Recommendation: “...this individual is judged to be a significant risk to self or others if retained on active duty. He is deemed fit to return to duty for immediate processing for administrative separation which should be carried out expeditiously.”
         AXIS I: Adjustment disorder with depressed mood.
         AXIS II: Personality disorder not otherwise specified.
         AXIS III: No diagnosis.
         AXIS IV: Occupational problem.
         AXIS V: 61-70 mild symptoms.
041102:  Applicant requested voluntary leave pending administrative separation proceedings.

041104:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as uncharacterized by reason of convenience of the government. The factual basis for this recommendation was personality disorder, all indicative of Applicant being diagnosed with personality disorder NOS with dependant features. Through actions, have demonstrated that Applicant is incapable of continued service in the United States Marine Corps.

041104:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

041104:  Commanding Officer, Commanding Officer, Headquarters and Support Battalion, School of Infantry, Camp Pendleton, CA recommended Applicant’s discharge with an uncharacterized service by reason of convenience of the government due to personality disorder. The factual basis for this recommendation was Private F_(Applicant)’s personality disorder. Commanding Officer’s comments: “Private F_(Applicant) is judged by medical authorities to represent an immediate risk to self-harm or harm to others if retained. As such, he should be expeditiously processed for administrative separation without the requirement for counseling per paragraph 6105 of the MARCORSEPMAN.”


0411xx:  Commanding Officer, Student Administration Company, Headquarters and Support Battalion, School of Infantry, recommended approval of Applicant’s request.

0411xx:  Commanding Officer, Headquarters and Support Battalion, School of Infantry, recommended approval of Applicant’s request.

0411xx:  Commanding Officer, School of Infantry, recommended Approval of Applicant’s request.

041108:  Commanding General, Marine Corps Base, Camp Pendleton, CA directed Applicant to voluntary leave for an indefinite period while administrative separation is being reviewed.

041108:  Commanding Officer, School of Infantry, Marine Corps Base, Camp Pendleton, CA recommended Applicant’s discharge with an uncharacterized service by reason of convenience of the government, specifically, personality disorder.

041123:  GCMCA, Commanding General, Marine Corps Base, Camp Pendleton, CA directed the Applicant's discharge with an uncharacterized service by reason of personality disorder (Involuntary discharge (no board)).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20041206 by reason of convenience of the government due to a personality disorder (A) with a service characterization of uncharacterized. 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).

On the DD Form 293, Block 5, the Applicant requested that the character of his discharge be changed to general (under honorable conditions). By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge. Unless there were unusual circumstances regarding a servicemember’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service. The Applicant's service record did not contain any unusual circumstances during his less than six months in the military to warrant a change of discharge to honorable. Relief denied.

The Applicant requests, via his representative, and in his issues on Form DD 293 that his uncharacterized character of service be changed to “medical.” Characterizations of service are limited to honorable, general (under honorable conditions), uncharacterized, under other than honorable conditions, bad conduct discharge and dishonorable. Thus, the Board evaluated the Applicant’s request under the merits of changing the Applicant’s narrative reason for separation. 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. On 20041101, the Applicant was evaluated by competent medical authority and diagnosed as having a personality disorder, not otherwise specified. The Applicant was further judged to be a significant risk to self or others if retained on active duty and recommend for expeditious administrative separation. The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated for a Personality Disorder. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. Further, the Applicant is advised that the Board does not have the authority to change a narrative reason to or from one by reason of physical disability. To change the Narrative Reason Separation would be inappropriate. Relief denied.

 The Applicant contends, through his representative, that the Board should consider the “Back injury caused by Marine Corp [sic].” The Applicant further states that he “did not go for a medical board.” Per regulations the initiation and submission of medical boards are at the discretion of the individual physician. There is no indication in the evidence of record or in the documentation submitted by the Applicant that the Applicant was recommended for or processed for a medical board by proper authority. Further the evidence of record does not indicate that proper authority erred by not initiating a medical board for the Applicant. Therefore, the Board found the Applicant’s issue without merit. Relief denied.

The Applicant implies that his discharge should be upgraded to facilitate the Applicant’s request for compensation from the Veterans Administration. The Applicant also implies, through his representative, that his discharge should be upgraded to “Pay medical bills incurred while on active duty.” The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the Board has no authority to grant relief based on the Applicant’s financial difficulties, even if incurred on active duty. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Relief on this basis would be inappropriate.

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. 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 P1900.16F), effective 02 Sep 01 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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