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USMC | DRB | 2006_Marine | MD0600339
Original file (MD0600339.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. MD06-00339

Applicant’s Request
The application for discharge review was received on 20051223 . 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 20061102 . 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 shall not change. The discharge shall remain Under Other Than Honorable Conditions by reason of misconduct due to drug abuse.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:
“ Requesting upgrade based on enclosed information which clearly shows my mental health conditions was brought on due to military stressors. ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
 Letter from M_ H_, LMSW and Dr R. R_, from Unity Health System, dtd December 8, 2005
 7 Pages from Applicant’s Medical Record
Progress Notes from Unity Health System, dtd December 10, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    19950213 - 19950716       COG
         Active: USMC     19950727 - 19990222       HON
Period of Service Under Review :
Date of Enlistment: 199 90223              Date of Discharge: 19991225

Length of Service (years, months, days):

 Active: 00 1 0 0 3
         Inactive: None

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

Age at Entry: 22

Years Contracted: 4

Education Level: 12                                 AFQT: 42

Highest Rank: Cpl                                    MOS: 0121/0151

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 5 ( 2 )                        Conduct: 4 . 4 ( 2 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Letter of Appreciation (2), Meritorious Mast, Marine Corps Good Conduct Medal, National Defense Service Medal, Navy and Marine Corps Achievement Medal .


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN 6210.5.

 Chronological Listing of Significant Service Events :

990223 :  Reenlisted this date for a term of 4 years.
990917:  Acknowledged understanding of eligibility but not recommended for promotion to Sgt for the month of Oct 99 due to being relieved of duties as SRB/OQR chief as well as failing to demonstrate initiative, force, and leadership required from an NCO. Applicant chose not to make a statement.
990924:  Counseling: Advised of deficiencies (Dereliction of duties specifically in mailing DD 214’s and processing documents pertaining to Marine Corps Augmentation, Resignations and Separations. Failure to responsibly manage work section as an Separation Chief) . N ecessary corrective actions explained, sources of assistance provided, discharge warning issued. Applicant chose not to make a statement.
991004:  Counseling: Advised of deficiencies (Dereliction of duties and lack of knowledge in duties as Separation Chief; Disrespect and loss of bearing while addressing SNCO’s and Officers. Failure to be at appointed place of duty on 991004 at 0730, in a unauthorized absence status from 0730-1000) . N ecessary corrective actions explained, sources of assistance provided, discharge warning issued. Applicant chose not to make a statement.
991004:  Medical entry: Mental Health Department, Naval Hospital, Corpus Christi, CDR T. A. B_, MC, USN, Staff Psychiatrist: 23 year old single female USMC Cpl (Applicant) with 4 years 3 months service.
Chief Complaint: “There is nothing wrong with me. I don’t want to be here. I am un h appy at work and happy when I’m with my friends or at school.”
History: Member was r eferred here by her command. She was seen by medical here at NHCC this morning for complaints of abdominal pain and given 24 hours no duty. A tel-contact with Gy B_ revealed member’s work performance has been declining and it was reported she made a reference to suicide potential. Interviewing the member was difficult because she volunteered very little about herself unless asked direct questions and then often gave conflicting answers. She initially denied having any emotional problems but later revealed she has had life-long problems with low self-esteem, self-blame and condemnation. She was “raped” by her father at age 4. Her father was active duty Army. He died 3/99 due to complications from alcohol and diabetes. Member claims (perceived) she was blamed for his behavior by a therapist who saw her for conduct and performance problems while in the 4 th grade. Now member views here reenlisting in the USMC as the biggest mistake of her life and she desires to be separated from the USMC. Currently enrolled in classes at Del Mar to be a nursing assistant.
Family History: (+) depression – father, (+) alcoholism – father, mother, (+) suicide – uncle (1984 after wife left him).
 MSE: Denies history of suicide attempts or gestures, denies suicidal ideations, intentions or plans. Regards suic i de as being “wrong.” Expresses no motivation for continued service. Reports that she is made to feel unhappy and incompetent by the people she works for. Reports feeling emotionally numb, “without emotions,” as a result of being raped by father. Reports difficulty sleeping at night (“easier to sleep during the day”) since 3/99 (which was when father died). Not interested in therapy if goal is to retain member in the USMC.
          Diagnosis:
         Axis I: (1) Occupational problem with lack of motivation for continued service, DNEPTE.
(2) Possible PTSD, delayed from childhood sexual abuse, EPTE.
          Axis II: PD NOS w/possible passive aggressive and self-defeating personality features, EPTE.
          Recommendation/ Plan:
1. Member can, and should, be held accountable for her behavior and failure to perform up to miminal standards.
2. Prognosis is poor given her current lack of motivation for continued service.
3. She should be returned to Mental Health for a re-evaluation if her future words or actions indicate suicide risk.

991004:  Applicant orally advised by OIC, CWO-2 H_ J. S_, USMC that future incidents of misconduct brought to his attention will be referred to the Commanding Officer with a recommendation for nonjudicial punishment.
          [Extracted from report of interview with CWO-2 H_ J. S_, USMC, dtd 991028.]

991006 :  Acknowledged understanding of eligibility but not recommended for promotion to Sgt for the month of Nov 9 9 for failing to demonstrate initiative, force, and leadership required of an NCO . Applicant chose not to make a statement.
991013:  Applicant provides sample for urinalysis (1 of 12 Marines) .
          [Extracted from Record of Proceedings of Administrative Board dtd 991217.]

991014:  Counseling: Advised of deficiencies (Falling asleep during working hours at assigned work section) . N ecessary corrective actions explained, sources of assistance provided. Applicant chose not to make a statement.
991016 :  Counseling: Advised of deficiencies in performance and conduct ( Failure to be at appointed place of duty on 991016 at 0901, in unauthorized absence status from 0901-1000 ) . N ecessary corrective actions explained, sources of assistance provided. Applicant chose not to make a statement.

991023:   Applicant required to perform duties from 0900 – 1500 this date (Saturday) due to failure to complete assigned tasks during normal duty hours. Command Duty Officer report ed that Applicant advised by telephone (time not indicated in the record) that she would work from 2000 – 2300 and subsequently picked up office key. Command Duty Officer could not confirm that Applicant had been in workspace at any time.
         [Extracted from report of interview with GySgt J_ B_, USMC, Applicant’s SNCOIC, dtd 991028.]

991024:   Command Duty Officer report ed Applicant not observed on deck at any time this date.
         [Extracted from report of interview with GySgt J_ B_, USMC, Applicant’s SNCOIC, dtd 991028.]

991025:  Applicant required to report for duty in PT gear at 0645 for regularly scheduled unit physical training. Between 0628 and 06 4 5, Applicant arrived at Naval Station South Gate in civilian attire and alleged to gate sentry that she was victim of rap e occurring earlier that morning. Sentry alert ed proper authorit y .
         [Extracted from report of interview with GySgt J_ B_, USMC, Applicant’s SNCOIC, dtd 991028 and statement of FC2(SW) J_ C. G_, USN , dtd 991025. ]

991025:  Applicant telephone d her OIC, CWO-2 H_ J. S_ and advise d of allegation . Inform ed CWO-2 S_ that she met alleged perpetrator at girlfriend’s apartment after dropping girlfriend off.
991025:  Naval Criminal Investigative Service assume d investigative jurisdiction over Applicant’s rape allegation . Applicant report ed that she agreed to give a man, whom she met at a local bar (which she would not identify) @0200 and whom she could not describe or identify, a ride home @0230 . Alleged that perpetrator threatened her and forced her to enter the residence @ , ingest “crystal” or “coke,” and penetrated her twice before allowing her to leave. Applicant declined opportunity to make written statement. Applicant submitted to rape protocol examination. Declined to provide samples and clothing for evidence collection. Result of examination reveal ed no visual indication of physical trauma to Applicant.

991025:  Applicant’s assigned tasks for 991023 determined by her SNCOIC, GySgt J_ B_, USMC, to have not been accomplished.
         [Extracted from report of interview with GySgt J_ B_, USMC, Applicant’s SNCOIC, dtd 991028.]

 991028:  NAVDRUGLAB, Great Lakes, IL reported Applicant’s urine sample, received 991018, tested positive for cocaine.
991029:  Medical entry: Mental Health Clinic, Naval Hospital, L.C. W_, Ph.D., Staff Psychologist :
         AXIS I: V62.3 Occupational Problem, DNEPTE
                  309.81 Post-traumatic Stress Syndrome: Delayed onset, EPTE, SA
         AXIS II: 301.9 Personality Disorder NOS with self-defeating features.
          Conclusions/Recommendation:
          1. This service member has been clinically determined to be unsuitable for continued service based upon a DSM IV Axis II diagnosis of Personality Disorder which is sufficiently severe as to preclude satisfactory performance of duty. There is no cure for her personality disorder. A 6105 entry in the member’s service record book is not required, since no amount of training or leadership will reverse this condition. Continued emotional difficulties are highly likely. While administrative separation is usually recommended for such service members, the member also has a diagnosis which is treatable for which she is entitled treatment.
         2. Recommend member be placed on medical hold for 30 days. CPL H_ (Applicant) should not be deployed during this period of time or have access to weapons. Member should be treated with bi-weekly out pt. therapy. A psychotropic medication was prescribed requiring ongoing monitoring.
991104 :  NJP for violation of UCMJ, Article 112a : In that Cpl H_ (Applicant) on or about 991013, wrongfully used a controlled substance in about the South Texas area .
         Award: Forfeiture of $ 636. 00 per month for 2 month s , 60 days restriction . Not appealed.
991104:  Applicant notified of intended recommendation for discharge by reason of convenience of the government due to personality disorder with a characterization of service as under other than honorable conditions.
         [Extracted from Applicant Acknowledgement of Rights form of 991109.]
991108:  Naval Criminal Investigative Service submit ted Report of Investigation . Applicant exercises right to not participate in the investigation . Investigation closed.

991109:  Naval Criminal Investigative Service submit ted Report of Investigation (Supplemental). Information regarding Applicant’s positive urinalysis result for cocaine provided to local civil authorities for law enforcement purposes.

991109:  Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.

 991130:  CO, MATSG appoint ed Admin Discharge Board and direct ed it to convene on 991209.
Not dated :       Applicant to brig.
         [ Administrative note: Date not noted in record. Although referred to as “brig” by Applicant, appears to refer to a designated barracks for serving restriction imposed at NJP on 991104 . ]
Not dated :       Clinical evaluation by civilian psychiatrist , (treatment facility identified only as “Charter” hospital ), R. E. M_, M.D., Ph.D . :
 The patient is a 23 year old single Eurasian Female. She is currently on active duty with the US. Marine Corps, attached to NAS CC. The patient was brought from the brig due to visual and auditory hallucinations and suicidal ideations. The patient states she was placed in the brig after testing positive for drugs on a random drug screen .
         Diagnosis: Axis I: PTSD
         Axis II: PD NOS w/obsessive-compulsive and Borderline traits.
         Responsible for drug and alcohol behavior. May require long-term psychiatric hospitalization.

 991206 :  Applicant notified of intended recommendation for discharge by reason of drug abuse, pattern of misconduct, and personality disorder. Applicant informed the least favorable character of service possible was as under other than honorable conditions.

991207:  Applicant attemp t ed suicide this date by using a shaver on the palmer side of her right wrist, resulting in 2 superficial lacerations 2 inches long and 1½ inches apart. Between these two marks were a few small scratches approximately ½ inch long. Applicant observed coming out of the bathroom suspiciously and upon further inspection, bleeding was noted. Applicant escorted to the Mental Health Clinic.
         Diagnoses (DSM – IV):
         Axis I: Post-traumatic Stress Disorder, delayed onset, service aggravated
         Axis II: Personality Disorder not otherwise specified with Cluster B traits
         Axis III: Ovarian cyst, reactive airway disease
          Recommendations: LCpl H_ (Applicant) has made a serious suicide attempt. She is at risk for further impulsivity self-injury. Her prognosis is poor given her psychiatric diagnoses and limited coping skills. However, she is still accountable for her behaviors and can eventually resume her restriction if appropriate precautions for self-harm is taken. For further stabilization, it is recommended that she be admitted to Wilford Hall inpatient psychiatry ward at Lackland Air Force Base.
 [Extracted from Letter from LT R_ K. F_, USN, Psychiatrist, Head , Mental Health Clinic, Naval Hospital Corpus Christi , dtd this date .]

991109:  Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.

 991210:  Applicant request ed leave awaiting Administrative Separation.
991216:  Applicant notified of intended recommendation for discharge by reason of drug abuse, minor disciplinary infractions, and personality disorder. Applicant informed the least favorable character of service possible was as under other than honorable conditions.

991216 :  Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.
991216:  Applicant acknowledged understanding that she was initially advised on 991104 of separation by reason of personality disorder, that she was re-advised on 991206 of separation by reason of personality disorder and misconduct due to drug abuse and a pattern of misconduct, and that she was re-advised on 991216 of separation by reason of personality disorder and misconduct due to drug abuse and minor disciplinary infractions. Applicant acknowledged understanding of right to 3 days between notification and adm inistrative discharge board, waived this right and wished to proceed with the administrative board at the proposed time.

991216 :  An Administrative Discharge Board, based upon preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct by reason of misconduct due to drug abuse, minor disciplinary infractions, and personality disorder , that such misconduct warranted separation, and recommended discharge under other than honorable conditions.

991216:  Commander, MCABEAST, approve d Applicant request for leave awaiting admin istrative sep aration .
991217 :  Commanding Officer, Marine Aviation Training Support Group, Corpus Christi, TX recommended to Commander, Marine Corps Air Bases, Eastern Area, Cherry Point, NC, that Applicant be discharge d by reason of convenience to the government due to a personality disorder, minor disciplinary infractions, and drug abuse with a characterization of service as under other than honorable conditions. The factual basis for this recommendation was Lance Corporal H_ (Applicant) ’s numerous page 11 entries counseling her to correct her deficiencies. However, counseling was not successful in improving her performance. In addition, Lance Corporal H_ recently received Nonjudicial punishment for wrongful use of a controlled substance (cocaine) enclosures (3) and (4). Finally, Lance Corporal H_ has been diagnosed with a personality disorder with self-defeating features, as shown in enclosure (5), (6) and (7).

Not dated :       SJA review determined the case sufficient in law and fact.
Not dated* :      GCMCA, Commander, Marine Corps Air Bases, Eastern Area approved the Applicant's discharge by reason of misconduct due to drug abuse (cocaine), misconduct due to minor disciplinary infractions and convenience of the government due to personality disorder with a characterization of service as under other than honorable conditions. For reporting purposes only, misconduct due to drug abuse (cocaine) is designated as the primary basis for separation.
         [*Date illegible on GCMCA decision document.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19991225 by reason of misconduct due to drug abuse (A) 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 (B and C).

There is credible evidence in the record that the Applicant used illegal drugs. Mandatory processing for separation is required for Marines who abuse illegal drugs. Separation under these conditions generally results in characterization of service under other than honorable conditions. In addition, the Applicant’s service was marred by numerous counselings for poor performance of duties, falling asleep on duty and being UA from her appointed place of duty. The Applicant implies that her behavior stemmed from her mental health issues; however, competent medical authority repeatedly determined that, notwithstanding these issues, the Applicant remained accountable for her behavior. The evidence of record does not demonstrate that the Applicant was not responsible for her conduct or that she should not be held accountable for her actions. 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 6210, MISCONDUCT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 31 Jan 97 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 .

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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