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


FOR OFFICIAL USE ONLY


ex-Pvt, USMC
Docket No. MD06-00436

Applicant ’s Request

The application for discharge review was received on 20060126 . 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 20061206 . 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 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/or from an attached document/letter to the Board:

“An upgrade and change is requested due to the biased and negligent decisions of those having been appointed over me. It is justified in that the discharge that was granted to me; General / Under Honorable Conditions, was not a result of my service. The discharge that was granted to me was a result of the personnel appointed over me. My actions and service warrant an honorable discharge.

The first NJP (Non-Judicial Punishment) I received was for giving a minor alcohol. I didn’t give it to her and I wasn’t even with her. I saw her drinking; I just didn’t run over to her and tell her to not do it or physically take the beer from her. I received The NJP because I saw her and didn’t stop her. FSgt S_ told me it was my responsibility to police my own. I saw her doing wrong and I was suppose to stop her. I was held responsible for her actions because she was my room mate. I didn’t know I was responsible for my room mate’s actions. It sill sounds like a load to me.

I received a NJP for smoking right after the wheels of my humvee fell off. I was not in the government vehicle. In essence, I did nothing wrong. In order for be to have disobeyed a lawful order, I would have had to been smoking in a government building or vehicle. I wasn’t. I was standing on the side of the road looking at my humvee going wow that doesn’t look so good. I was extremely upset at the time. Cpl. V_ made me have a person in the back of the humvee with all the gear. At that point in time, I didn’t know it was against Marine Corps Orders to have a person in the back with the gear. I didn’t know it was unsafe. I was doing what I was told. Then when my wheels fell off, I realized I could have killed L_ or seriously hurt him.

The last NJP I received was going UA. I had asked and asked for this certain time to take leave. First they lost it, then they shredded it right in front of me and told me fat chance in hell private! My mother at that time was terminally ill with cancer. My command new that my mom was very sick. They let several other people take leave, but they told me I couldn’t take leave because I wasn’t a good enough Marine. Only good Marines deserve privileges like leave. I got pissed off and I left anyways. It wasn’t right for me to do, but my mother was my best friend. I had to see her as much as possible. I didn’t know when she was going to go. My mother was more important to me than the Marine Corps.




When I got the NJP for being UA, I was pregnant. I was around five or six months pregnant. My Commander but me on restriction, hard labor, and extra duty. That in itself is against Marine Corps Orders. A pregnant woman is not suppose to have extra duty or hard labor. I was suppose to have 40 hour work weeks. Isn’t it funny how a person can slip through the cracks and no knows or cares? In case you are wondering I did do a lot of Requesting Mast.

I had to Request Mast to get Leave during Christmas of 2002. I had to Request Mast to even get out of the Marine Corps. They told me I wasn’t suicidal enough. I endured so much agony. I tried to kill myself. I looked for any way out. I just wanted away from those mean, vicious people. ”

Applicant’s Remarks: (Taken from an attached document/letter to the Board.)

“I was originally thought to have depression and anxiety. Later, after I started seeing a counselor on a regular basis, I was diagnosed with Post Traumatic Stress Syndrome. My PTSD came from when I was in MOS school. I was sexually assaulted. I had gone out for the night to have a few drinks and one of the guys I was with decided to follow me to the bathroom. His name was G_. I still hate him. He at fist tried to tell me he had to come help me go. I told him no you don’t, I am just fine. I was trying to hold the bath room door and keep it barely cracked and when he said that I tried to slam the door but he stuck his foot in the door. He forced his way in the head and shut and locked the door behind him. I asked him what in the hell are you doing? He went to try to kiss me and I pushed him back he tried to swing at me, but somehow that time he missed. I balled my fist up and swung at him and I hit him in the jaw. He got so mad at me he punched me in the fact. He hit me so hard it knocked me to the floor. I tried to regain my bearing, but by the time I was normal again he had me. He kept hitting me. He broke the straps of my favorite blue shirt and ripped a hole in the bottom of it. He ripped my underwear off me. He broke those too. He fought my pants off of me. My favorite black pants. My stretchy pants and he assaulted me. I laid there and counted the tiles on the floor and cried. They are 37 black tiles and 38 while tiles on the floor that were in my vision range. When he was done he had the nerve to tell me, maybe if you were tighter, I would have came better. He j------d on my leg. Then he spit on me and said I deserved to be treated like the nasty whore I am. He got up and he left the bathroom like nothing happened.

I was sitting in the headd for I don’t know but it seemed like an eternity to me. I cried and tried to recompose myself. I had to go back to the table to get my purse. I ended up sending a waitress I think it was to get my purse. I went outside and I sat on the curb and waited for a cab to come.

I was sitting on the curb waiting and G_ came out and said are you ok? Ewww the nerve of some people! What do you think? Hell no I am not ok!!! The cab came just in time. I was so glad to be away from him.

I got back to the barracks and I went to tell the duty NCO. You know I can’t remember her name, but I will never forget what she looked like. I told her what had happened she looked me right in my eyes and said K_ everybody knows you’re a slut. You probably wanted it then after the fact you changed your mind.

I look back and realize now there was more I could or should have done. This sets the precedent for the rest of my time in the Marine Corps.

The rest of the time I was at Ft. Lee I had to endure G_ calling me names in front of everybody. He told people I had STDs, HIV, and AIDS among many other things. Every chance he got, he ran me in the dirt. Before long the whole Marine Corps Detachment was talking about me. It followed me to the fleet, but of course being the hopeful Marine I was didn’t realize how the Corps worked.

The first day I checked into my unit my Sgt, (Sgt M_) hit on me and tried to get me to go home with him. I though it was just because guys are guys. Then the first weekend I went out I went to T_’s and Sgt. M_ was there too. He informed me I was too drunk and I needed to go home with him. After all he had an open couch I could pass out on. I told him No I don’t like you. He said why not and I told him I though he acted like he had a stick up his a--. Of course, this is the same Sgt I later caught getting h--d from a Pvt. You know that Pvt. Picked up Cpl within eight months of hitting the fleet and she has been non-recommended for getting caught drinking under the age of 18. I know this because she was my room mate in MOS school. She actually got a NJP.

I kept telling my Chain of Command that I was being sexually harassed by several different males in the unit. I got the EEO in on it. I never failed every time they got there my Chain made it look like I was making stuff up. Then I would get harassed more and more. One day I got called out in front of the platoon to be asked why I had pink eye. Cpl R_ looked at me and said Hey Sgt. M_ You want to know how you get pink eye? How? You let a guy j--z in your eye. Everybody in the whole platoon started laughing at me. I was humiliated and that was the whole point of it. When I found out I was pregnant with my first child, I had to tell my Gunny. I said Gunny T_ I am pregnant. She looked at me and said do you even know who the father is? When I was pregnant another Cpl came to me and said I know you have STDs. You need to take care of it. Then Cpl. C_ humiliated me again and forced me to take him to the doctor’s office with me for a check up just to make sure I was “good”. Gunny C_ every time he saw me told me how fat I was. I told him Gunny can you not see I am pregnant?!! I was all stomach. Day in and day out I was tortured, and humiliated.

All this happened to me because I was sexually assaulted. It followed me wherever I went. Nobody once cared enough to ask me what happened.

They just took what FSgt S_ said. I was a trouble maker and a slut. I wasn’t, but that didn’t matter.

I became very depressed. I no longer cared. I had finally figured out it didn’t matter what I did or didn’t do I was going to get my chops busted no matter what. I was going to be the one on my hands and knees sweeping the dirt up everyday. It took every bit of courage I had to get up and face the same people over and over again. Then one day my husband and I went home on leave, at the thought of having to go back to the Corps I took a whole bottle of pills. I didn’t care. At that time, anything would have been better than having to go back. Of course, it didn’t work. On the way back, my husband hit black ice and totaled my car. The first thing Sgt. M_ said was damn she didn’t die? That’s too f------- bad. This is what he said to my husband over the phone along with several staff NCOs in earshot.

Then one day I went to my OB appointment and I told her I just felt down. She told me I needed to go to mental health. I said I am not crazy I just feel sad. She made me an appointment and I went. That’s how I got diagnosed with anxiety and depression. Dr. C_ asked me if I wanted to stay in or get out. I said Hell no let me out of here!!! He recommended me for a separation. And I ended up having to request Mass over the Col’s Head. He was over the the battalion. He told me he was refusing to let me out because I wasn’t suicidal enough or harmful enough. The General saw it differently.

And here I am today still dealing with the scars from the Marine Corps. It took everything I had to get up and go to work day after day. I have such a bad taste in my mouth from the Marine Corps it’s unreal. I still have nightmares from the Marine Corps. Believe me, I am not a weak minded or hearted person. I will always have the emotional scars and mental scars of the things I endured. It’s amazing how cruel people can be. Some things I will take to my grave never having talked about those things. It’s a wonder all I came out of the Corps with is PTSD. I think I deserve a silver star for the courage it took of going back everyday to the same crap.

With my story being out now, I would humbly request for my discharge to be upgraded to a full Honorable. My therapist told me that after the sexual trauma occurred my actions were caused by the trauma and the actions of my Chain of Command. I was treated unfairly. I didn’t get promoted like I should have been. I can’t do anything to change that, but I can fight for the discharge I feel is right. Thank you for your time and consideration.

S_ S_(Applicant)”

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Applicant ’s DD Form 214 (Member 4)
Letter from L_ T. J_, LCSW, Inter Action Counseling and Psychotherapy, Individual,       Marriage and Family Counseling, Lawton, Oklahoma, dtd July 12, 2005

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PART II - SUMMARY OF SERVICE

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

         Inactive: USMCR (DEP)    20011130 - 20011209       COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 20011210              Date of Discharge: 20030630

Length of Service (years, months, days):

Active: 0 1 0 6 21 (Does not exclude lost time.)
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: 7 day s
         Confinement:              None

Age at Entry: 20

Years Contracted: 4

Education Level: 1 1 GED                     AFQT: 53

Highest Rank: Pvt                                    MOS: 3381

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency: 3.5 ( 3 )                                Conduct: 3.8 ( 3 )

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): National Defense Service Medal, Rifle Marksmanship Badge

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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 :

010917:  Applicant briefed on Marine Corps Policy on Discrimination and Sexual Harassment .

011130:  Pre-service waiver granted.

020605:  NJP for violation of UCMJ, Article 92: In that SNM did disobey an order by having inappropriate relationship with staff personnel.
         Violation of UCMJ, Article 107: In that SNM did on or about 020507 with the intent to deceive, did make a false official statement to GySgt G_ during the preliminary investigation. SNM stated that she did not ride back to the Detachment with Sgt R_ in his POV.
         Violation of UCMJ, Article 134: In that SNM contributed alcohol to a minor at USAQMSCOL, Ft. Lee, VA.
         Award: Forfeiture of $ 552 per month for 1 month, restriction for 14 days .

020926:  Applicant to unauthorized absence on 020926 .

021003:  Applicant from unauthorized absence on 021003 ( 7 days).

Undated:         Acknowledged understanding of eligibility but not recommended for promotion to PFC for the month of Oct02 because of pending NJP. Applicant chose to make a statement.

030117 :  NJP for violation of UCMJ, Article 86: In that Pvt S_( Applicant ) on or about 1400 on 020926, without authorization, did go UA and did not return until on or abut 0730 on 021003.
Violation of UCMJ, Article 92 : In that Pvt S_ on or about 1620 on 020822, did, willfully disobey a direct order from Corporal V_, a non-commissioned officer, not to smoke a cigarette.
         Award: Forfeiture of $ 268 .00, 7 days pay , restriction and extra duty for 14 days. Forf of $100.00 pay per mos susp for a per of 6 months. Not appealed.



030304:  Mental Health Outpatient Consultation at Naval Hospital, Camp Lejeune, North Carolina. The Applicant was referred here by her midwife, D_ H_, to rule out a depression.
         Diagnoses:
         AXIS I: Dysthymic disorder
                  Rule-out a major depression.
         AXIS II: Personality disorder, not otherwise specified.

030314 :  Commanding Officer, Naval Hospital Camp Lejeune, NC, Recommendation for Administrative Separation ICO PVT S_ S_ (Applicant). Applicant has been evaluated by Mental Health and diagnosed with a severe Personality Disorder. The Applicant is not mentally ill and responsible for her behavior. However, the Applicant does manifest a long-standing disorder of character and behavior, which is of such severity as to interfere with h er ability to function effectively in the military environment. Although not imminently suicidal or homicidal, this member poses a continuing risk to do harm to self or others and negatively impact unit effectiveness and moral [sic] if retained . Therefore, it is strongly recommended that a 6105 entry be waived and that the member be processed expeditiously for an administrative discharge in accordance with NAVMILPERSMAN 1910-122 by reason of unsuitability. The Applicant has been offered supportive follow-up in the Mental Health Clinic pending processing for separation. In the examiner’s opinion, the patient does not possess a severe mental disease or defect for purposes of R.C.M. 706 examinations and is considered competent. Pending administrative separation, the member should not be allowed to handle weapons or engage in other potentially stressful or hazardous duties.

030327 :  Counseling: Advised of deficiencies in performance and conduct ( Failure to report to place of duty on 030220. Applicant ’s been counseled by Cpl C_ on 030220. Applicant told section that had an appointment with Dr. W_ that same day, NCO called the doctor to confirm appointment out of town. The doctor confirmed Applicant did not have an appointment that day at 1300. Applicant has violated Art. 86 of the UCMJ on or about 1300 on 030220, Applicant lied about having an appointment with Dr. W_ which was later confirmed. ), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.







030402:  Counseling: IAW paragraph 6105 of MCO P1900.16F MARCORSEPMAN. Advised of deficiencies in performance and conduct ( Unsatisfactory behavior in that, lacking to put forth any effort towards job performance, poor attitude, and avoidance of duties and responsibilities. Inability to follow both written and oral instructions. On 020606, Viol Art. 92, UCMJ, Applicant disobeyed an order for having an inappropriate relationship with staff personnel; Viol. Art 107, UCMJ, on or about 020 5 07, Applicant m ade a false official statement during the preliminary investigation; Viol Art. 134, UCMJ, Applicant distributed alcohol to a minor at USAQMSCOL Ft. Lee, VA. 030117; Viol Art 86, UCMJ, on or about 1400 on 020926 Applicant went UA and did not return until on or about 0730 on 021003. Viol Art. 92, UCMJ, on or about 1620 on 020822, Applicant disobeyed a direct order from Applicant ’s NCO not to smoke a cigarette. Viol Art 86, UCMJ, on 020923 Applicant was told to be at formation at 0700, Applicant never showed up for the formation; 021113 at 1615 at Applicant ’s section formation Applicant was reminded to be at work at 0715 the next day Applicant showed up on 021114 at 0735; 020220, Applicant was UA from place of duty on 030220. Applicant told section had an appointment with the doctor but it was later confirmed by one of the NCOs that Applicant did not have an appointment that day. Applicant has failed to report to appointed place of duty in many occasions. Applicant has developed a pattern of misconduct that is unacceptable and is not tolerated nor condoned. ), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

030416:   Commanding Officer, Naval Hospital Camp Lejeune, NC, Recommendation for Administrative Separation ICO PVT S_ S_ (Applicant). Mental Health examination c oncluded that the Applicant ’s personality disorder was so severe that h er ability to function effectively in the military environment was significantly impaired. The Applicant is not mentally ill and is responsible for her behavior. The Applicant does manifest a long-standing disorder of character and behavior which is of such severity as to interfere with her ability to function effectively in the military environment. Although not imminently suicidal or homicidal, the Applicant poses a continuing risk to do harm to self or others and negatively impact unit effectiveness and morale if retained in naval service. Therefore, it is strongly recommended that the member be processed for an administrative discharge in accordance with MARCORSEPMAN paragraph 6203.3 by reason of unsuitability. The Applicant has been offered supportive follow-up in the Mental Health Clinic pending processing for separation. In the examiner’s opinion, the patient does not possess a severe mental disease or defect for purposes of R.C.M. 706 examinations and is considered competent. Pending administrative separation, the member should not be allowed to handle weapons or engage in other potentially stressful or hazardous duties.

030424 :  Applicant notified of intended recommendation for discharge by reason of personality disorder with a characterization of service of general under honorable conditions .

030424 :  Officer -I n - Charge, Headquarters and Service Battalion (Rear) , recommended via Commanding Officer, 2D Force Service Support Group (Rear) Applicant ’s discharge with a general (under honorable conditions) by reason of personality disorder. The factual basis for this recommendation was the Naval Hospital letter 6320 dated 030314 , Mental Health Consultation dated 030304, as well as verbal discussion with the hospital personnel and follow-on treatment records have since initial evaluation on 030304 . Officer-In-Charge comments: “ Based upon enclosure (2) through (10), it is my opinion that a General Under Honorable conditions discharge is warranted. This recommendation is based on PVT S_( Applicant ) being diagnosed with a personality disorder by a physician from the Naval Hospital, be deployed or carry a weapon. Furthermore, the hospital evaluation relates the disorder cannot be overcome. Finally, the resulting follow on consults and testing provided to her continue to reflect serious mental health issues, which are not conducive to military service. ”

030430:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

030514 :  Commanding Officer, 2d Force Service Support Group (Rear), concurred with Officer in Charge, Headquarters and Service Battalion (Rear) and recommend Applicant ’s discharge with a general (under honorable conditions) by reason of convenience of the government due to a personality disorder.

030619 :  SJA review determined the case sufficient in law and fact.

030619 :  GCMCA, Commanding General, II Marine Expeditionary Force , directed the Applicant 's discharge with a general (under honorable conditions) by reason of convenience of the government due to a personality disorder.

030630:  Applicant found medically qualified for separation.







PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030630 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).

In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable. Specifically, the Applicant alleges that her command was biased and negligent with respect to decisions resulting in her general (under honorable conditions) discharge. In addition, the Applicant claims that she was sexually assaulted and harassed but that the command failed to take the appropriate action. The record does not contain, and the Applicant has not provided, any evidence to substantiate the Applicant’s allegations of sexual assault, sexual harassment, and command bias with respect to the Applicant’s administrative discharge. The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service if such change is warranted. There is no evidence of impropriety or inequity in the Applicant’s discharge. The Applicant’s misconduct is clearly documented. Therefore, relief is denied.

In addition to her allegations of sexual assault and harassment, the Applicant contends that her mother’s illness contributed to be problems in the Marine Corps. While she may feel that these factors were the underlying causes of her misconduct, the record clearly reflects her willful misconduct and demonstrated she was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for her conduct or that she should not be held accountable for her actions. Relief denied.

When the service of a member of the U.S. Marine Corps 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 2 retention warnings and 2 nonjudicial punishment proceedings for violations of Articles 86 (unauthorized absence for 7 days), 92 (failure to obey order, 2 specs), 107 (false official statement) and 134 (contributing alcohol to a minor) of the UCMJ. Violations of Articles 92 and 107 are considered serious offenses for which a punitive discharge is authorized if adjudged upon conviction by a special or general court-martial for. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Marine Corps and falls far short of that required for an upgrade of her characterization of service. Relief is not warranted.
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 .


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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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