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USMC | DRB | 2006_Marine | MD0600069
Original file (MD0600069.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD06-00069

Applicant’s Request
The application for discharge review was received on 20051004. 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 did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060915. 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 t he discharge shall not change. The discharge shall remain Under Other Than Honorable Conditions by reason of separation in lieu of trial by court-martial.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application to the Board:

“In combat training, my best Friend was killed right beside me. I was not able to Function after that. I did not realize at the time what was happening to me. I just couldn’t stand to stay in after that. I tried to take my own life. I needed to be out.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1)
Orthopedic Status Report, dtd October 22, 1999
Applicant’s State of Texas – Academic Achievement R ecord
Applicant’s Employment activities
Character Reference ltr from L_ P. S_ (Applicant’s mother), undated (7 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19980909 – 19990711      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19990712             Date of Discharge: 20001101

 Length of Service (years, months, days):

 Active: 01 03 20 (Does not include lost time.)
          Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 119 days
         Confinement:              39 days

 Age at Entry: 17 (Parental Consent)

 Years Contracted: 4

Education Level: 12                                 AFQT: 71

 Highest Rank: LCpl                                  MOS: 9900

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NA*                  Conduct: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Expert

*Not Available


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT-MARTIAL, authority: MARCORSEPMAN Par. 6419.

 Chronological Listing of Significant Service Events :

990807:  HPI: 17 year old caucasian male in training x 4 week at MCRD. Complains of feeling depressed and having suicidal thoughts of cutting wrist for two weeks , which he told his drill instructor about. Patient states he can not handle the stress of training, being yelled @ all the time, etc. States he has symptoms of decrease d sleep (4 hr/nt), decrease d interest/energy, decrease d concentration, positive suicidal ideations. Patient denies any other stressors in life and feels if he could get out of training he would no longer be depressed/suicidal.
          DEV: patient grew up in Houston, TX, graduated high school with few friends. Parents married, one older brother with (?) psych history. Father with manic/depressive & s--- Etoh abuse.
         Past psychiatric history: Patient depressed once in high school 2 poor grades, break-up tired to cut wrist @ that time (superficial). No psych admissions or treatment.
         Formulation: 17 year old male recruit x 4 week with symptoms of adjustment diagnosis with depressive features. Discussed ELS with patient, which improved patient’s mood.
         MSE: Patient in BDU’s well groomed, poor eye contact (down cast), speech – quiet, -- rate. Psychiatric motor retardation – shuffles slowly. Mood: depressed affect: congruent with mood. Thought process: -----, ---- ------, Content: want out of Marines, Judgement/insight: poor. Denies Suicidal ideations now, negative homicidal ideations or hallucinations.
         Plans: so patient may be released from Marines. Follow up with mental health @ MCRD.
         AXIS 1 – adjustment to complaints of depressed mood 309.00 (acute) FU w/ mental health @ MCRD
         AXIS 2 – deferred
         AXIS 3 – None
         AXIS 4 – Recruit training
         AXIS 5 – 70’s
          Patient seen and agree with above.
990809:  Mental Examination, Branch Medical Clinic, MCRD: Concur with that documented in records from Naval Medical Center San Diego Psychiatry Department. SNR shows no current signs of thought disorder, delusions, hallucination, major affective illness or disabling anxiety. He denies current suicidal intent and agrees to notify Drill Instructor/medical personnel immediately if he becomes suicidal.
         Diagnosis per DSM IV
          I. Adjustment Disorder w/ depressed mood 309.00
          II Dependent Personality Features
         III None
          Recommendation: Concur with recommendations documented on Psychiatric Consultation report (SF 513) from Naval Medical Center San Diego. Risk of self/other harm is considered low recruit is dropped from training and processed for discharge. Recruit educated concerning diagnosis and recommendations and expressed understanding: Member is placed on Trial of Training to try to learn mature coping skills. If he does not improve, he will be referred for ELS. If he has further SI/self-harm behavior report to MHU.
000211:  NMCP Outpatient Crisis Intervention Program (CIP) Completion Note (in lieu of SF 600): Treatment Course: The patient was enrolled in the NMCP Outpatient Crisis Intervention Program, a stress and anger management course utilizing cognitive behavioral techniques, from 7-11 Feb 00. At the time of discharge, the patient denied active suicidal or homicidal ideation. During his enrollment in the program, there was no evidence of major mood, anxiety or psychotic symptoms. He displayed a euthymic mood throughout the program and was social with his peers. He participated passively in the program but was attentive. OCIP staff felt the patient made limited gains in insight. The patient reported benefiting from the program particularly stress and anger management classes. He noted improved mood as he anticipated being separated from the marine corps within the next week.
MSE: The patient presented neatly groomed dressed in the uniform of the day. He maintained good eye contact. No psychomotor abnormality was noted. His speech was fluent and goal directed. There was no evidence of psychosis. His mood was euthymic with a full affect. He denied active suicidal or homicidal ideation and is currently contracting for safety. His insight and judgment is intact.
Dx:      Axis I: Adjustment Disorder with Depressed mood, resolving
Axis II: No dx  
Recommendation:
1.       Return to parent command.
2.       I concur with recommendation for administrative separation.
3.       F/U in the administrative separation support group 1300 Wednesdays in the psychiatry
clinic building 215.
4.       NIMCP POC psychiatrist Dr. C_ at (NUMBER).

000302:  Counseling: Advised of deficiencies in performance and conduct (Diagnosed as having an adjustment disorder, demonstrated by a depressed state and suicidal attempt.), necessary corrective actions explained, sources of assistance provided, and discharge warning issued.
000407:  Charges referred to special court-martial.

000418:  Ltr from Commanding Officer, Marine Corps Detachment, Navy and Marine Corps Intelligence Training Center:
 Reference (a) recommended that PFC S_ (Applicant) be separated from the Marine Corps due to an adjustment disorder. Based on this recommendation, I submitted reference (b) to the Commander, U.S. Marine Forces Atlantic recommending that PFC S_ (Applicant) be separated from the Marine Corps. Reference (c) disapproved this request based on the fact that an adjustment disorder is not a basis for separation in accordance with paragraph 6203.2 of reference (d).
Based on guidance received from Headquarters, U.S. Marine Corps, if PFC S_ (Applicant) is not administratively separated from the Marine Corps, I will be required to return him to training. During my numerous conversations with PFC S_ (Applicant) he has shown no emotion or affect and remains completely aloof. My impression of him is that he is unstable and detached from his fellow Marines. I truly believe that failure to separate this Marine will result in another suicide attempt. I am sincerely concerned about his mental well-being. In order to ensure the safety of the Marine, I am requesting that PFC S_(Applicant) be reevaluated prior to his resumption of training. I have discussed this matter with PFC S_ (Applicant) and he is willing to undergo a psychiatric reevaluation.

xxxxx:            Ltr from Applicant addressed to the Commanding General requesting an              administrative discharge.
000503:  Medical evaluation by B_ LT, MC: 18 year old with 11 months CAD presents for evaluation. Was seen by Psychiatry in February and recommended for administration separation however he was gi ven diagnosis of adjustment disorder with depressed mood which Marine Corps does not feel is grounds for separation unless he violates page 13. ___ mood swings that vary from happiness to anger to depressed. Wants out of the Marines. States he is stressed out. Frequently punches his rack. Has not gotten into any disciplinary trouble per him. Negative Suicidal Ideations and Negative Homicidal Ideations . Command is requesting 4 evals as they feel he is not fit for the Marines. He comes to eval voluntarily.
          Assessment: Borderline personality disorder.
         Plan: 4 consult . Command educated on need to document behaviors and counsel him accordingly.
000524:  Applicant to unauthorized absence at 0731 on 000524.
000623:  Report of Declaration of Deserter. Applicant declared a deserter on 000623 having been an unauthorized absentee since 0731, 000524 from NMITC DAM NECK.
000920:  Report of Return of Deserter. Applicant apprehended by civil authorities on 000920 (1115) at Harris County Jail. Returned to military control 000920 (unknown). Delivered to HQSPTBN, MCB, CAMP LEJEUNE, NC 28542.
000920:  Applicant from unauthorized absence at 1115 on 000920 (119 days/apprehended).

000922:  Applicant went to pretrial confinement.

001016:  Applicant, having consulted with counsel certified under UCMJ Art 27b, requested discharge for the good of the service to escape trial by court- martial. In the request the Applicant noted that his counsel had fully explained the elements of the offenses for which he was charged and that he understood the elements of the offenses. He further certified a complete understanding of the negative consequences of his actions and that characterization of service would be under other honorable conditions. The Applicant admitted guilt to the following violations of the UCMJ, Article 86: Unauthorized Absence.

 001020:  Commanding Officer, Headquarters and Support Battalion, Marine Corps Base, Camp Lejeune, North Carolina, recommended to Commanding General, Marine Corps Base, Camp Lejeune that the Applicant be separated in lieu of trial with an under other than honorable conditions characterization .
001025:  SJA review determined the case sufficient in law and fact.

001031:  Applicant release from pretrial confinement.

 xxxxxx :  Commander, Marine Corp Base, Camp Lejeune, directed discharge of the Applicant under other than honorable conditions in lieu of trial by court-martial. (Not Dated.)

001101:  DD214 issued.
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20001101 in lieu of trial by court-martial (A and B) 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 (C and D). The Board presumed regularity in the conduct of governmental affairs (E).

The Applicant requests that the characterization of his discharge be upgraded to General (under honorable conditions). In a signed statement, the Applicant requested an administrative discharge under other than honorable conditions in lieu of a trial by court-martial. He consulted with counsel and was fully advised of the implications of his request. The Applicant understood that if discharged under other than honorable conditions, it might deprive him of virtually all veterans' benefits based upon his current enlistment, and that he might expect to encounter substantial prejudice in civilian life in situations wherein the type of service rendered or the character of discharge received therefrom may have a bearing. The Applicant stated he understood the elements of the offenses with which he was charged. He admitted he was guilty of violating Article 86. 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 6419, SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective
18 Aug 95 until 31 August 2001.

 B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 86 ( unauthorized absence for more than 30 days ) .

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

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