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USMC | DRB | 2005_Marine | MD0501566
Original file (MD0501566.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-PFC, USMC
Docket No. MD05-01566

Applicant’s Request
The application for discharge review was received on 20050908. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to Honorable . The Applicant requests a documentary record discharge review. The Applicant designated American Legion as the representative on the DD Form 293.
Decision

A documentary discharge review was conducted in Washington, D.C. on 20060830 . 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 General (Under Honorable Conditions) 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 have been diagnosed with Bipolar, Panic DO & ADHD from my Dr. J_ W. C_ D.O
I was admitted to the hospital @ Camp Lejeune and these conditions were not detected @ the hospital. I do not feel that a General Discharge is correct. Especially when my condition was brought on by the service. I have been seen at VA Hines in Hines, IL.”


Additional issues submitted by Applicant’s counsel/representative (American Legion):

 “Equity Issue: Based on our review of evidentiary record and on behalf of this former member, we request that the Board also consider provisions of SECNAVINST 5420.174D, Part V, Paragraph 503, as it pertains to post-service conduct, in assessing the merits of this application.


In accordance with Title 32, CFR, section 724.116 and SECNVINST 5420.174D, Part I, Paragraph 1.20, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue(s) and following statement in supplement to this Applicant’s petition.

Essentially, as noted on DD Form 293, this Applicant is requesting that his discharge be upgraded because it does not represent his character. He opines that he was a good Marine who was diagnosed with a personality disorder and believes that he should not be punished for his mental condition. He has submitted 16 pages of additional documentation attesting to his post-service service employment training for consideration.

This former member earned a National Defense Service Medal and Rifle Marksman Badge. On 040814, this former member was separated with a General (Under Honorable Conditions) Discharge due to a personality disorder as authorized by 6203.3.

The American Legion’s express purpose in providing this statement, and any other submittals or opinions of record, is to aid the applicant in resolving any improprieties or inequities in the character and basis for discharge. Moreover, we rest assured that the Naval Discharge Review Board’s final decision will reflect sound equitable principles consistent in law, regulation, policy and discretion as promulgated by title 10 U.S.C., section 1553, and set forth in 32 C.F.R., part 724; SECNAVINST 5420.174C, enclosure (1).

This case is now respectfully submitted to the Board for deliberation and disposition.”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Choice ’s Outpatient Progress Notes (5 pgs)
 Department of Veterans Affairs Statement in Support of Claim , dtd September 19, 2005
VA Entitlement Decision, dtd September 15, 2005 (2 pgs)
Letter from NDRB dtd August 17, 2005
Request for Information and Documentation
Department of Veterans Affairs Rating Decision, dtd September 8, 2005 (5 pgs)
 Letter fr om Applicant, dtd February 27, 2006
Request for Military Records , dtd February 27, 2006

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20030620 – 20040104               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20040105             Date of Discharge: 20040814

 Length of Service (years, months, days):

 Active: 00 07 10
         Inactive: None

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

 Age at Entry: 21

 Years Contracted: 4

Education Level: 12                                 AFQT: 62

 Highest Rank: PVT                                   MOS: 6541

 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, R M M Badge.









Character, Narrative Reason, and Authority of Discharge (at time of issuance):
GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, autho rity: MARCORSEPMAN Par. 6203.3

Chronological Listing of Significant Service Events :
040421:   Branch Medical Clinic SAN ONOFRE, MCB . Medical evaluation and c ontract for safety
         S- Depressed 12 years despite Ritalin. Suicide ideation at age 10, 11 . T reated by counseling. Difficulty passing tests at MCT. Occasional suicidal thoughts (21/2 months) no plans (despite access to weaponry). Neg ative homicidal ideation …aversion to killing someone else. Non-religious, started with enlistment. Poor appetite poor sleep. Negative hallucinations . Spoke with chaplain 21/2 months ago at MCRD. Negative alcohol and drugs. PT contract for safety
         A- chronic depression (epte)
         P- L. D.
         No exposure to weapons
         Pysch appt. at 52 MBR 4-27-04
         #’s given if symptoms get even worse .

040427:          Mental Health evaluation at Mental Health Department, Camp Pendleton CA.
         O- PT alert and orientated x4 Mood “Better” with full affect. Speech WNL. Activity WNL. Eye contact good. Thoughts goal directed. Hygiene and grooming OK. PT cooperative, denies SI/HI, Contracts for Safety.
         A- PT is not mentally ill, just under multiple stressors
         P- (1) Fit for full duty, responsible for his own actions
         (2) PT to pick up stress management materials 0800 Friday 52A BMC.
         (3) PT to contact chaplain , NCO, ER, BAS as needed.
(4) No scheduled follow-up needed at this time, if PT desires, follow –up
with MHU, contact BAS
040428:  Medical evaluation by NAVHOSP Camp Pendleton CA
         AXIS I: Depressive D/O NOS RO/ MDD
         AXIS II: Borderline traits R/O BPDO
         AXIS III: none
AXIS IV: Military Lifestyle
AXIS V: GAF=65
          Plan:
Will remain on limited duty-will see HM2 E_ next week for re-eval. Discussed Admin Sep.
Discussed Med eval-refuses.
 F/U LCSW next avail.

 040604:  Medical evaluation by NATTC Branch Medical Clinic
         AXIS I: Panic Disorder w/out Agoraphobia; Depressive Disorder NOS, Provisiona, (EPTE; R/O MDD
         AXIS II: No Diagnosis
         AXIS III: Hypertension (see medical record for details)
AXIS IV: Routine Military Stressors,
AXIS V: GAF=55-60 (current)
Plan/Recommendations: The service member is fully responsible for his actions and himself. Final duty disposition to be determined, pending medication evaluation.

040714:  Applicant admitted to Naval Hospital Camp Lejeune, North Carolina for depression, anxiety, suicidal ideations.
 Significant Finding: Responding positively to brief, inpt hospitalization with crisis intervention, psychotropic meds; currently not suicidal. No homicidal ideation, no psychosis, no mania.
040719:  Medical evaluation by Naval Hospital Camp Lejeune, North Carolina.
         Final Diagnosis:
 AXIS I: Depressive Disorder NOS- Anxiety D/O, NOS
          AXIS II: Personality D/O, NOS.

 040805:  Applicant evaluated at MCAS Cherry Point and found physically qualified for separation.

040813:  GCMCA, Commander, Marine Corp Air Bases, Eastern Area, directed the Applicant's discharge with a general (under honorable conditions) by reason of convenience of the government (personality disorder).

Service Record Book contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040814 by reason of convenience of the government due to a personality disorder (A) with a service characterization of general (under honorable conditions). 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 and equitable ( B and C). The Board presumed regularity in the conduct of governmental affairs (D).

The Applicant contends that he was diagnosed with Bipolar, Panic DO & ADHD from his civilian doctor and that these conditions were not detected at the hospital at Camp Lejeune. The documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder. The Applicant was diagnosed with a personality disorder by a competent medical authority on 20040719. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. Relief denied.

The Applicant contends that a g eneral discharge is incorrect. The DAV representative on behalf of the Applicant is requesting that his discharge be upgraded because it does not represent his character. Further that the Applicant believes that he was a good Marine who was diagnosed with a personality disorder and should not be punished for his mental condition . The government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue. In the Applicant’s case, in the absence of a complete discharge package and without credible and substantial evidence to refute the Board’s presumption, the Board invoked the presumption of regularity. Specifically, the Board presumed that the Applicant was properly notified of his Commanding Officer’s intent to administratively process the Applicant for separation, that the Applicant was afforded all rights which he elected at notification and that the Applicant’s discharge was directed by proper authority.

For the edification of the Applicant, 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 Naval service. The NDRB 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. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any post-service documentation for the Board to consider. Relief denied.

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 additional evidence related to this 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 .

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .


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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