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USMC | DRB | 2006_Marine | MD0600295
Original file (MD0600295.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. MD06-00295

Applicant ’s Request
The application for discharge review was received on 20051201 . 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 did not designate a representative on the DD Form 293.
Decision

A documentary discharge review was conducted in Washington, D.C. on 2006 10 25 . 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 4 to 1 that the character of the 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 am attending school at Westwood Aviation Institute and am almost finished. I believe it will be very hard to find a job no t having an Honorable discharge, without that it will be very hard to support my family. I am very ashamed of my discharge and know that it is all my fault. I wish to correct the wrong mistakes I have made when I was younger by completing school and being the best man I know how. I am also wanting to go back to the Marines to serve my country in Iraq. I know that I will succeed in this because I have turned my life around, re a lized the mistake I have made and I wan t to make them right. I am highly motivated in life and look fo r ward to the future. I hope to serve my country in Iraq, but if that’s not in my future I have many other things that I know I will be great in. I now have a family and I am about to start a career that I am happy with. Please know that I am not wanting this just handed to me, I would like to earn it by going back to the Marine Corps and serving my country. Thank you for your time. ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant ’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: U SMCR (DEP)    Unknown - 19990801        ELS
                  USMCR (DEP       20000112 - 20000117      COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20000118              Date of Discharge: 20010328

Length of Service (years, months, days):

 Active: 0 1 0 2 11
         Inactive: None

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

Age at Entry: 20

Years Contracted: 4
Education Level: 12                                 AFQT: 49

Highest Rank: LCpl                                  MOS: 3531

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 Sharpshooter Badge

*Not Available


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 :

UNDATED :         Pre-service waiver for DCE (DEP) granted.

000914:  Medical Evaluation at MIRAMAR Primary Clinic by D_ R. H_, MD
         20 year old male referred to BMC by command. Concerned about thoughts that he is having. Has had thoughts of shooting specific people (random) in the head just to see what it would be like. Also has imagined cutting his best friends throat. Had incident where friend got into a fight and he and a friend loaded a gun to find and kill the other party. Did not carry out act because he was invited to dinner at his sisters house. Feels that he could just kill someone without regret or remorse. ( Applicant ) is alert and appropriate in speech patterns and thought. Good eye contact. Expresses himself in a calm matter of fact way. Denies SI.
Assessment: Homicidal ideation.
          Plan: Contact inpt psych at NMCSD. Will transport ( Applicant ) directly to NMCSD.
000914:  Medical evaluation at Mental Health Unit, MCRD, San Diego, CA.
          Identifying information: This was the 1 st evaluation for this 20 years old, single, Caucasian male REC USMC with 9 months CAD who has begun to have fleeting thoughts of homicide under stress. He current(ly) contracts for safety but is bothered that these ideas came to him at all.
          History of present illness: SNM ( Applicant ) came to bootcamp 9 months ago with alcohol dependence, drinking at least a 6 pack daily and using alcohol to “cure” a hangover. He had not been working, just laying around the house his life revolving around alcohol.
         Since enlisting he has cut back to approximately “a case” over a weekend, but his is likely still alcohol dependent.
         He has poor coping skills regarding routine life and military stress. He reports a history of “bad temper” and “bad attitude”. He has a history of poor impulse control and fights. He has a history of being bored easily. He needs to develop adult character and coping skills and to limit his use of alcohol.
         Intensive Alcohol Treatment is indicated ASAP. Under stress he reports fleeting homicidal ideations for past 4 months. He called home and told his mother he was having troubles as well. He denies any intentions of hurting others.
          Diagnosis:
         Axis I: Alcohol dependent without physiological dependence.
         Axis II: Antisocial and borderline traits.
         Axis III: Knee pains.
         Axis III: Military service.
         Recommendations:
         A. The ( Applicant ) was educated regarding his diagnosis and disposition. ( Applicant ) did indicate an understanding of same. SNM ( Applicant ) psychiatrically fit and responsible for his actions.
         B. SNM counseled not to drink alcohol.
         C. GySgt W_ to schedule SACO eval for 15Sep. Strongly recommend Intensive Alcohol Rehabilitation ASAP. SNM not to go to field or handle weapons until program complete.
         D. Follow up with LT S_ until rehab is scheduled. Follow up Mon 18Sep 0730.
UNDATED:         Credentialed Medical Provide, BMC, MCRD, San Diego, CA
         Medical recommendation: Retain.
         Comments: ETOH use. Daily use of 6 pack for 3 years. Drink with father/friends. Positive CAGE - drink to relieve hangover MIP - June 99 Last use was 1 week ago. No current withdraws symptoms. EOTH dependence. Highly motivated. Recommend retention.

 000925:  Substance Abuse Rehabilitation Department (SARD), SARD Health Intake Profile (SHIP) at Point Loma by M. T. T_, MD, CDR, MC, USN
         Assessment and diagnosis: Alcohol dependence. Withdrawal risk is deemed low, ( Applicant ) does not need hospitalization.
          Medical Treatment Plan: SARD for ETOH dependence.
000926:  Medical evaluation at Medical Division, S.A.R.D. Point Loma, NAVSUBASE, San Diego, by M. T. T_, MD, CDR, MC, USN
         S: 19 year old active duty USMC just admitted for Level II.5 rehabilitation of alcohol dependency. Stationed at MIRAMAR complaints of chronic recurrent pain in the right knee for over 2 years EPTE. Complains of pain for 2 weeks. Denies history of specific injury although he said he played football in high school.
         A: ____- tribal ____ tendonitis.
         P: No PT for 30 days. To PT on own pace.
000928 :  Medical evaluation at NMCSD SARD by G_ A. V_ Ph.D., Clinical Psychologist: ( Applicant ) is a 20 year old single white male active duty PFC with 9 months in USMC. ( Applicant ) is in lst week of IUP treatment, self-referred. ( Applicant ) has reported having homicidal ideations, recently as Aug this year and also having vivid images of killing people. One image was of slitting his friends throat, another was while driving in his car and seeing a woman, he could see himself pull over and shoot her in the head. He describes that images are “dreamlike” and “like you are actually there.” He states that thoughts and images happen suddenly, they “come and go.” He also described several instances of intense outbursts with anger “yelling and screaming” and if anyone touches him in one of these states he reacts immediately and violently, sometimes experiences blackouts re: the violent behavior. He reports fights always in company of others and never lasting more than 1 ½ minutes as someone will pull him off, stop the fight. ( Applicant ) relates a history of 1) Mother and father divorced (he was 5 years old) 2) victim of childhood sexual abuse (age 4 by 8 year old female neighbor) 3) sexual promiscuity 4) Short, intense relationships with females, “many at which he broke off when they became too close 4) impulsivity including spending beyond his means, reckless driving and substance abuse 5) disassociative symptoms 6) intense reactions to abandonment 7) Identity disturbance 8) affective instability with mood as dysphasia , irritable or anxious lasting up to a few days. ( Applicant ) reports not over acting on his homicidal ideations, never planning to harm someone. He states that “I have too much conscience to do that. ”
         Assessment: ( Applicant ) appears to be suffering from borderline personality traits and is currently concerned about his struggles and behavior.
          Treatment and Plan: 1) LIP re-assessment for drug use per ( Applicant ) ’s di s closure of use. 2) R efer for psychological testing (MMPI-2 and MCMI-II) to rule out personality disorder.
001018:  Medical Evaluation at Substance Abuse Counseling Center by J. E. A_, GySgt, NDAC.
         Reason for request: ( Applicant ) is a 20 year old single E-2. Race: White male w ith 9 months of continued (active duty) referred by SACC for the following: Request mental health evaluation to determine possible personality disorder and suicidal ideation. ( Applicant ) diagnosed 000914 as alcohol dependent. Client attended Residential treatment at SARD, Point Loma. Client released 001018, after three weeks of treatment and found to have max benefit. SARD, Point Loma request Mental Health assessment to determine appropriateness for duty and for further service and treatment. ( Applicant ) has had a formal clinical evaluation/screening using the SACC Clinical Package. ( Applicant )’s SRB and health records have been reviewed. ( Applicant ) meet DSM IV criteria for substance dependence of alcohol DSM IV 303.90.

001107:  Counseling: Advised of deficiencies in performance and conduct (Self-reference to Substance Abuse Rehabilitation Department, Branch Medical Clinic, MCRD, San Diego on 000925.), necessary corrective actions explained, sources of assistance provided. Applicant did not chose to make a statement.

001108:  Counseling: Advised of deficiencies in performance and conduct (Failure of Level II treatment of 001020.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

001109:  Counseling: Advised of deficiencies in performance and conduct (Failure to obey Marine Corps regulations, violating AlMar 194/96 by wearing a piercing on my tongue on two separate occasions on 001025.), necessary corrective actions explained, sources of assistance provided.

 010313:  Applicant found medically qualified for separation. Summary of defects and diagnosis: History of radicular LPB - improving. Adsep complete for b orderline personality disorder. Adsep borderline personality disorder Mar 2001.

010328 :  DD Form 214: Applicant discharge d with a general (under honorable conditions) by reason of personality disorder, authority: MARCORSEPMAN par 6203.3.


Service Record Book did not contain the Administrative Discharge package.
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 20010328 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 Board presumed regularity in the conduct of governmental affairs (D).

When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A general discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s service was marred by three retention warnings for alcohol abuse, alcohol rehabilitation failure, and a violation of UCMJ Article 92 (violating a lawful order). Violations of Article 92 are considered serious offenses for which a punitive discharge is warranted at courts-martial. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

The Applicant mentions post-service conduct in his request for upgrade. 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, credible evidence of a substance free lifestyle, 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 requested an upgrade to improve his employment opportunities. The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. There is no requirement or law that grants recharacterization on that basis and this issue does not serve to provide a foundation upon which the Board can grant relief. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

The Applicant also states that he would like to re-enter the military. Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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 .

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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