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


FOR OFFICIAL USE ONLY


ex-LCpl, USMC
Docket No. MD06-00226

Applicant’s Request

The application for discharge review was received on 20051114. 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 “Secretarial Authority.” 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 designated American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20061012 . 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 s hall not change. The discharge shall remain General (Under Honorable Conditions) by reason of convenience of the government due to a personality disorder.

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application and from an attached letter to the Board dated August 1, 2005 :

“Since my discharge in Nov. of 2000 I have been cleared by my psychiatrist. I have had several educational achievements since my discharge. I have also had a steady employment for the past 3 years and recently got married in May of 2005. I feel since I have been discharged I should receive an Honorable discharge due to the fact that I have not repeated my actions and I am wanting to better myself with education and helping the community. I feel based on my current medical history that my original diagnosis was in error and should be changed to Secretarial Authority from Personality disorder. ”

“To Whom It May Concern,

This letter is regarding the status of my discharge in November of 2000. I am requesting that my discharge be changed from General under honorable to an honorable. I have provided references and educational achievements that I have earned since my discharge. I have also included a document from Dr. M_ A_ stating that I am in excellent mental condition. The main reason I am making this request is for employment purposes.

My education achievements are that I have completed the Palm Beach Community College Fire Academy and currently am a certified fire fighter and paramedic in the state of Florida. I am presently trying to obtain a position by a fire rescue department that requires me to have an honorable discharge .

I sincerely understand that what I did while I served was wrong. I have learned f ro m my mistakes in the past and I did seek the treatment that I needed. I recently got married on May 21, 2005 and have had no need for treatment since I was discharged in 2000. I have a very healthy attitude and I regret my behavior while I was serving in the Marine Corps.

I would like to thank you for your time and I have enclosed a reference letter, certificates and documents from my doctor. I would greatly appreciate it if my discharge was change d to an honorable discharge in order for me to further my dreams.

Genuinely,

[signed], C_ O_ (Applicant)”

Issues submitted by Applicant’s representative ( American Legion):
        
“Equity Issue: Pursuant to 10 USC 874 (b) (UCMJ, Article 74) and in accordance with SECNAVINST 5420.174D, Part IV, Paragraph 403 m (7), we request, on behalf of this former member, the Board’s clemency relief with an up-grade of his characterization of service on the basis of his post-service conduct.


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 the discharge does not represent his true character. He has submitted 13 pages of additional documentation attesting to his post-service education and a mental health evaluation for consideration. In his letter, the Applicant states that an upgrade is warranted as he does not suffer from a personality disorder and has proven himself an asset to his community.

The SRB shows that the Applicant earned Rifle Marksmanship Badge and Pistol Marksmanship Badge. This Applicant was discharged General (Under Honorable Conditions) at the Convenience of the Government (Personality Disorder) authorized by MARCORSEPMAN PAR 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.

(signed)
S. S_
Military Review Boards
Representative”

Documentation

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

Applicant’s DD Form 214 (Member 4) & (Member 1)
Character Reference ltr from M_ D. B_, Lead Instructor, dtd January 20, 2004
Florida Division of State Fire Marshal Certificate of Compliance, dtd September 26, 2003
Palm Beach Community College Award of Achievement for Emergency Medical Technician - Paramedic, dtd July 30, 2004
Palm Beach Community College Applied Technology Diploma for Emergency Medical Technician – Basic, dtd December 11, 2002
Ltr from Dr. M_ G. A_, M.D., P.A., Diplomate American Board of Psychiatry, dtd September 12, 2005 (8 pages)

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PART II - SUMMARY OF SERVICE

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

         Inactive: USMCR (DEP)    19980921 – 19990718      COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 19990719             Date of Discharge: 20001102

Length of Service (years, months, days):

Active: 01 03 1 5
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: None
         Confinement:              None

Age at Entry: 19

Years Contracted: 4

Education Level: 12                                 AFQT: 38

Highest Rank: LCpl                         MOS: 0331

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 Marksmanship Badge, Pistol Marksmanship Badge

*Not Available

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

GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.

Chronological Listing of Significant Service Events :

000609:  Medical Entry: Emergency Care & Tre atment, U.S. Naval Hospital, Rota, Spain , LCDR R. A. G_, MC, USN : Chief complaint: Competency for duty, SI. On guard duty, involved with verbal altercation with another guard which apparent ly led to physical battery ??, a fter which Patient (Applicant) made v a gue statements about “not wanting to do t his anymore.” Seen by chaplain, then referred to ER. Patient states had SI & gesture 1 month ago with 9mm loaded handgun @ head . A nother gesture Wed PM with taking > 10 Napro xe n . States he wants to get help.
         Assessment/Diagnosis: Adjustment RxN with Mixed Emotional Features.
Disposition: Full Duty
Psychiatry c ontacted: Dr. P_ in to evaluate Patient (Applicant). No current active SI/HI . See SF 513.
         F/U with Dr. P_ 12 June 00 @ 1430
         Condition Upon Release: Improved.

000609:  Medical Entry: SF 513 , Consultation Report, U.S. Naval Hospital, Rota, Spain, CDR R. D. P_, MC, USN : This 20 year old PFC/USMC with almost one year of AD and stationed @ MCSF Rota was seen in psychiatric consultation at the request of the ER medical officer for evaluation of present suicidal ideation, recently being involved in an altercation and gesture of suicide including recently (reportedly) putting a gun to his head.
         Mental status exam: The patient (Applicant) was alert, oriented and cooperative. His appearance was neat and appropriate. Speech was spontaneous without evidence of a thought disorder. His affect was somewhat dyspho r ic with a congruent mood. He reported that beginning about a “a year or two ago” he would cut himself sometimes to induce pain and over about the past 3 months “since I’ve basically been here” h e has had thoughts of suicide. These thoughts would reportedly include thoughts of shooting himself and overdosing on pills. The patient related that he last thought of harming himself seriously was about 1 month ago “ when I had the gun to my head.” Insight – fair . J udgement appeared to be somewhat impulsive. He denied auditory or visual hallucinations. He reported experiencing early morning wakening over the past “ two months or so.” The patient described a poor appetite over the past 4-5 months without weight loss. He denies homi cidal ideation.
         IMP RESSION : (1) AXIS I: Adjustment Reaction with Mixed Emotional Features.
         AXIS II: Rule-out Personality Disorder, N ot O therwise S pecified.
         AXIS III: Tendonitis
         (2) The patient (Applicant) does not app ear to be of imminent danger to himself or others at present.
         Plan : (1) Follow up appt wit h the undersigned on 12 June 00 @1430 though he knows to present to the ER sooner should the need arise.

000707:  Counseling: Advised of deficiencies in performance and conduct ( p attern of misconduct, specifically recent suicide gesture and confrontational attitude while on post towards fellow sentries ) . N ecessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000729:  Medical Entry: U.S. Naval Hospital, Rota, Spain, Psychiatry Department, Psychological Evaluation Report, Evaluator, Dr. P_: INTRODUCTION: This is the 2nd US Naval Hospital Rota Spain emergent psychological evaluation (and 2 ^nd overall) for this 20-year-old, single, Caucasian male (AD/LCPL/USMC) with 1 year and 10 days of CAD who is currently stationed at the Marine Corps Security Force (MCSF) Rota, Spain. He was admitted to the US Naval Hospital Rota Spain multi-service ward (MSW) on a psychiatric watch this afternoon (by Dr. P_ after being evaluated by Dr. L_) secondary to intermittent suicidal ideation and suicidal gestures which occurred this morning. He is a patient of Dr. P_’s (Staff Psychiatrist,) and has been regularly followed by Dr. P_ since June 00.
CHIEF COMPLAINT (Applicant) “It’s all starting again.. I’ve been having thoughts of harming myself for the past 2 days...and this morning I just tried to hurt myself.”
MSE: Mental status examination revealed an alert, fully oriented (person, place, time, and circumstance), appropriately groomed and dressed in a hospital gown, male who appeared his stated age. It should be noted that the evaluation was conducted bedside. He described his mood as “depressed.” His affect was flat. There was evidence of psychomotor retardation. The patient endorsed both subjective and neurovegetative symptoms of depression. Eye contact was direct. His narrative was logical, coherent, linear, and goal-directed. His thought processes revealed no evidence of loose associations, tangentiality, or circumstantiality. Speech was spontaneous, and normal in rate, rhythm, yet somewhat monotonous. Cognition was grossly intact and abstraction was adequate. Both recent and remote memory was intact. The patient denied symptoms of psychosis, including auditory and visual hallucinations, paranoia, ideas of reference, or an active delusional system. There was no evidence of mania. The patient denies suicidal ideation, however, reported a desire to hurt himself “just enough to feel the pain.” He denied homicidal ideation, plan, or intent. Insight was poor: Judgment was poor. Impulse control was fair.
        DIAGNOSIS:      
AXIS I: 296.33 Major Depressive Disorder, Recurrent, Severe without psychotic Features (Existed Prior to Enlistment)
AIXIS II: 301.83 Borderline Personality Disorder
AXIS III: None Known

000731:  Medical Entry: U.S. Naval Hospital, Rota, Spain, Psychiatry Department, Narrative Summary, CDR R. D. P_, MC, USN:
ADMISSION DIAGNOSES:
AXIS 1: 296.33 Major Depressive Disorder, Recurrent, Severe without psychotic Features (Existed Prior to Enlistment)
AXIS II: 301.83 Borderline Personality Disorder
AXIS III: None Known
DISCHARGE DIAGNOSES:    
AXIS I: Adjustment Disorder with Mixed Emotional Features
AXIS II: Personality Disorder, NOS with Borderline Features
AXIS III: History of Tendonitis
INTRODUCTION: This is 20-year-old, single, Caucasian male (AD/LCPL/USMC) with 1 year and 10 days of CAD who is currently stationed at the Marine Corps Security Force (MCSF) Rota, Spain. He was admitted to the US Naval Hospital Rota Spain multi-service ward (MSW) on a psychiatric watch this afternoon (by Dr. P_ after being evaluated by Dr. L_) secondary to intermittent suicidal ideation and suicidal gestures which occurred on the morning of admission.
HOSPITAL COURSE: Upon further evaluation by the undersigned on 000731, the patient reported that, since his last outpatient visit with the undersigned on 000719, he essentially broke up with his Internet girlfriend (“she just wants to be friends”). He said this occurred on 000726.
The patient was treated with individual therapy. He responded to treatment with some brightening of his mood, an improvement of his sleep pattern, and resolution of any suicidal ideation. He also handled therapeutic liberty well. However, when the idea of returning to his unit was broached he verbalized his fear that he would become develop suicidal ideation again. Consequently, it is felt, the patient has not been returned to a full duty status during this period of inpatient treatment.
The patient is felt to be competent to handle his own financial affairs.
DISPOSITION: Treatment at this facility has not returned the patient to a full duty status. Consequently, the patient is to be medevaced to NMC Portsmouth, Virginia for further evaluation and care.

000813:  Applicant transferred to Marine Security Force Battalion, Norfolk, VA while undergoing medical treatment at the Naval Medical Center, Portsmouth, VA.
[Extracted from Commanding Officer, Marine Corps Security Force Company, Rota Spain, Memorandum, dtd 000823, Subj: Permanent Change of Station (PCS) Orders via Service Record.]

000813:  Medical Entry: Naval Medical Clinic, Portsmouth, Psyc. Triage/Med. Holding Admin Note, LT P_ S. A_, MC, USNR and LT S_ E. B_, MC, USNR: This is a 20 year old white (AD/LCpl/USMC) male with one year CAD stationed at MCSF Rota, Spain for past 5-6 months. Patient (Applicant) admitted to NH Rota, MSW Psyc. on 000729 due to SI/A with overdose of Prozac. Patient with prior history of SA with loaded 9mm pistol at head 3-4 months ago. Patient with prolonged history of “feeling empty,” self-mutilation to relieve stress, volatile personal relationships, mood instability, & recurrent suicidal ideations. Patient also with anger control problems since child and poor impulse control. Patient (illegible) contracts for safety by agreeing to contact medial staff or someone if he becomes a threat to himself or others. Patient desires admin separation from MC.
         DX: AXIS I: Adjustment d/o with MDEC
         AXIS II: Borderline personality D/O
         AXIS III: None
         AXIS IV: Routine military
         AXIS X: 65/85
         Plan: 1. Patient to stay at MED Hold with contact of Marine Corps liaison in AM (14 Aug 00).
         2. Patient contracts for safety and provided with (tel # redacted) to psychiatric clinic.
         3. Patient appointment with Dr. M_, Staff Psychiatrist.
         4. Patent to call NMCP Psychiatry Clinic in A.M. (14 Aug 00) at (tel # redacted) for outpatient evaluation.
        
000816:  Medical Entry: Psychiatry Clinic, Naval Medical Center Portsmouth, VA, CAPT M. L. L_, MC, USN: Psychiatric diagnosis: Borderline Personality Disorder severe EPTS # 301.83; Adjustment Disorder with depressed mood # 309.00.
Recommendation: 1. This Marine is most strongly recommend fo r EXPEDITIOUS ADMIN SEPARATION (again - 1 ^st time was 000729 – see attached) on basis of a severe personality disorder that existed prior to enlistment; has resulted in several suicide attempts-under minimal life stress-before enlistment and now recently; that is not changeable from counseling; that directly impairs his performance of his duties; that results in his poor prognosis for even serving basically as a Marine, and is associated with an ongoing risk of self-harm if he were to stay in the Marines. He does not have a boardable unfitting medical condition. He is not suitable for further military service. He is responsible for his actions. He should not have any weapons handling privileges. 2. I renewed Prozac 20 mg caps #30 RFx2 --- 9am to cover him by decreased mood instability and reactivity during the stress of separation and relocation. He understands not to overdose or take it irresponsibly, or it will be stopped. 3. Psychoeducation group this clinic could help. He will see HM2 S_ today on this. 4. Go to nearest ER if out of control by mood instability or threat of self harm. 5. Follow up with me in 1 month. If separated from Marines, he needs to let me know beforehand. 6. Patient concurs with full plan.
HPI: Briefly (see attached evals) 20 year old SWM LCPL USMC, ly lm AD attached to Marine Liaison NMCP after medevac from Rota, Spain, has long history and depression & personality disorder (responsive to Prozac begun in Rota by Navy psychiatry) & impulsivity, which has worsened as a result of his wanting out of USMC & having recent & past history self distinctive behavior. OK now as he is not with his unit.
MSE: Well groomed, cooperative, courteous. No current SI/HI but will harm self again if reurned to his unit/duty. No HI. Cognitively intact. No perceptual disturbance. No psychosis. Judgement & insight fair. Mood “so-so.” Affect full.

000913:  Applicant found qualified for separation by competent medical authority at Branch Medical Clinic, Norfolk, VA.

001102:  DD Form 214: Applicant discharged with a General (Under Honorable Conditions) by convenience of the government (personality disorder).

Service Record Book did not contain the Administrative Discharge package.
Service Record was missing elements of the Summary of Service.

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PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20001102 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 records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

In the Applicant’s issue to change the narrative reason for discharge , the Board found that Applicant was diagnosed with a Personality Disorder by three different competent medical authorities at the U.S. Naval Hospital, Rota, Spain and at the Naval Medical Center, Portsmouth, VA. The Applicant was recommended for expeditious administrative separation from the Marine Corps. Thus, the Board finds that the Reason for Discharge reflects the Applicant's mental health status at the time of his discharge, and was proper and equitable at the time of issuance. "Personality Disorder" is an accurate narrative description of the reason for the Applicant's discharge. The contention that the personality disorder no longer exists or has been overcome does not provide a legitimate basis to revise official records that were accurate at the time of issuance. The Applicant’s narrative reason for separation, “Personality Disorder,” is an accurate narrative description of the reason for the Applicant’s discharge and is considered neither punitive nor adverse but a statement of fact. Relief denied.

The Applicant and his representative requested that the Board consider an upgrade to his discharge as an issue of equity on the basis of the Applicant’s post-service conduct. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. Normally, to permit relief, a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered. The Applicant provided one letter of recommendation from an instructor and evidence of Fire and Medical Emergency certification as documentation of post-service accomplishments. The Applicant's efforts need to be more encompassing than those provided. For example, the Applicant could have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, and certification of non-involvement with civil authorities. At this time, the Applicant has not provided sufficient documentation of post service character and conduct to mitigate the circumstances of his service that resulted in the characterization of discharge. Therefore, no relief will be granted.

The Naval Discharge Review Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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 P1900.16E), effective 18 Aug 95 until 31 August 2001.

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 .

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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