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USMC | DRB | 2006_Marine | MD0600533
Original file (MD0600533.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. MD06-00533

Applicant’s Request
The application for discharge review was received on 20060301 . 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 20070118 . 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 shall not change. The discharge shall remain General (Under Honorable Conditions) by reason of misconduct due to a pattern of misconduct.
The NDRB did note administrative error(s) on the original DD Form 214. Block 1 2a, Net Active Service This Period, should read: “01 04 25. ” The Commandant, Headquarters USMC, Quantico, VA, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.




PART I - ISSUES AND DOCUMENTATION


Decisional Issues
Propriety: Command negligence.
Equity: Family situation.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
87 pages from Applicant’s service and medical records, with duplicates
Applicant’s Marriage Certificate
 Letter from G_ P. C_, dtd February 25, 2005
 Letter from B_ L. C_ Jr., dtd March 10, 2005
 Applicant’s DD Form 214 (Member 4 and Member 1) (2 copies)
Letter from MID Florida Internal Medicine, Associates, PA, S_ W. A_, M. D., dtd November 16, 2004 (2 pages)
 Mental Health Assessment by P_ S_, Ed. D, LMHC, dtd April 28, 2005 (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20021115 - 20021119       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20021120              Date of Discharge: 20040414

Length of Service (years, months, days):

 Active: 0 1 0 4 25
         Inactive: None

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

Age at Entry: 20

Years Contracted: 4

Education Level: 12                                 AFQT: 38

Highest Rank: LCpl                                  MOS: 3381

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 4 ( 1 )              Conduct: 4 . 4 ( 1 )

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


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
GENER AL (UNDER HONORABLE CONDITIONS) /MISCONDUCT, authority: MARCORSEPMAN Par. 6210.3.
Chronological Listing of Significant Service Events :
030824:  Joined for duty at HQSVC BN 3DFSSG.

 031118:  Medical evaluation by U. S. Naval Hospital Okinawa, Mental Health Department: The patient was admitted to 3 South after medical clearance from the ER status post an overdose of approximately 20 Motrin tablets. She stated the precipitating stressor was feeling overwhelmed about geographic separation from her husband, an active duty Marine now stationed in CA.
          AXIS I: Adjustment Disorder with Depressed Mood; Occupational Problem
         AXIS II: Dependent Traits
         AXIS III: Status Post Overdose
         AXIS IV: Geographic separation from her husband; Routine Military Duties
         AXIS V: GAF=55-60 on admissions
         Plan and Recommendations: The patient is fit for return to duty and will be discharged to her parent command. She understands the difference between right and wrong and is fully responsible for her actions. [031118 is date of admission]

031201:  USNH Okinawa, Japan, Mental Health Clinic follow up:
         Objective findings: D epressed . Diagnosis: Adjustment disorder.
         Axis II: P-A traits No change .   Disposition: Fit for full duty.
         Recommendation/Instructions: Continued outpatient evaluation and treatment. Patient is stable, and not a danger to self or others.
03121 5:  Joined for duty at MSSG-31 3d FSSG.
031215:  USNH Okinawa, Japan, Mental Health Clinic follow up:
         AXIS I: No change . Depressive disorder not otherwise specified.
         AXIS II: Passive – aggressive traits . D isposition: Fit for full duty.

031223:  Counseling: Advised of deficiencies in performance and conduct (Violation of Article 92 Failure to obey order of regulation, Article 91 insubordinate conduct toward SNCO/NCO.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 031230:  USNH Okinawa, Japan, Mental Health Clinic follow up:
         Diagnosis: OCC problem . Disposition: Administrative separation .

040109:  Medical evaluation by Head, Mental Health Department: Recommendation for Administrative separation for Applicant - This patient is a 21 year old married African-American female diagnosed with a Personality Disorder Not Otherwise Specified with Borderline and Passive-Aggressive Traits. She was initially evaluated as an inpatient on 031118 following an overdose of 20 Motrin tablets in the context of feeling overwhelmed because of geographic separation from her husband. After her discharge from the hospital on 031121, she was afforded outpatient follow-up, coping skills training, and medication (which she declined to take). She has consistently and repeatedly stated that she does not desire treatment to help her to cope with her problems in the military, but believes that administrative separation from the Marine Corps is the only way for her to resolve her adjustment problems. Consultation with the command indicates that she has not been a productive worker despite repeated attempts by leaders to assist her. Given her personality problems, she is likely to become an ongoing administrative burden to the command. The member is, therefore, recommended for administrative separation on the basis of a Personality Disorder.
         The member is unsuitable for military service due to a Personality Disorder. The attending psychologist strongly recommends administrative separation on the basis of chronic adjustment and work performance problems, hospitalization due to suicidal gesturing, and a diagnosed Personality Disorder. While this Marine is not imminently suicidal or homicidal retention in the Marine Corps presents a possible risk of harm to self or others. Conditions are of such severity that the Marine’s ability to function safely and effectively in the military environment is significantly impaired.

040129 :  NJP for violation of UCMJ, Article 86 : Unauthorized absence.
Specification: In that LCpl J_ (Applicant) did on 040117, on or about 0100, absent herself from her appointed place of duty, and remained absent until 040117, on or about 1600. Award: Forfeiture of $ 328.00 pay per month for 1 month, restriction and extra duty for 14 days . Not appealed.
040129:  Counseling: Advised of deficiencies in performance and conduct (Violation Article 86 Unauthorized absence.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 040219:  Staff Non-Commissio ned Officer-In-Charge’s n on- m edical a ssessment. Upon arrival to this unit on August 03, Lance Corporal J_ (Applicant) has relayed to me, known to her as her Messhall Manager, her intent to be released on active duty and be recommended for discharge from the Marine Corps. Lance Corporal J_’s noncomforming attitude towards her duties as a Marine is unacceptable. Notwithstanding, her performance as a Food Service Specialist is noteworthy. She received many commendatory remarks from her Chief Cooks for her outstanding food service skills. It is her continual light duty chits, attempted suicide attempt, many personal problems, failure to pass a PFT, many hospital visits, an NJP in violation of Article 86 and Page 11 for disobedience coupled with her current medical condition that prevents her from being fit for duty in the armed forces.
040227:  Counsel ing regarding recommendation for administrative separation due to personality disorder. Applicant advised the attending psychologist recommended a dministrative separation on the basis of a personality disorder. Applicant advised she was being recommended for administrative separation.
040310 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of misconduct due to a pattern of misconduct and a personality disorder. The factual basis for this recommendation was two 6105 entries and one subsequent non-judicial punishment for the following offenses; unauthorized absence, failure to obey orders and regulations, insubordinate conduct towards a staff NCO, and disrespect in deportment to a staff NCO.

040310 :  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.

040310:  Commanding Officer recommended that the Applicant be separated with a general (under honorable conditions) character of service , by reason of misconduct due to a pattern of misconduct and a personality disorder.
040331 :  SJA review determined the case sufficient in law and fact.

 040331:  GCMCA, 3 d Force Service Support Group , directed the Applicant's discharge with a general (under honorable conditions) character of service by reason of a personality disorder and misconduct due to a pattern of misconduct, with t he primary basis for separation as misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040414 by reason of misconduct due to a pattern of misconduct (A and B) 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 (C and D).

When a Marine’s service has been honest and faithful, it is appropriate to characterize that service as honorable. An under other than honorable conditions or 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 two retention warnings and nonjudicial punishment proceedings for violations of Articles 86, 91 and 92 of the UCMJ. The Applicant’s violations of Articles 91 and 92 of the UCMJ are serious offenses. 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 Marine Corps and falls far short of that required for an upgrade of her characterization of service. Relief is not warranted.

The Applicant implies that her discharge is improper because her command was negligent in that it failed to provide proper support for her family situation. The Applicant further implies that her discharge is inequitable because her family situation should have mitigated her misconduct. While she may feel that her separation from her spouse was the underlying cause 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.

The Applicant implies that her narrative reason for separation is improper and should be changed to personality disorder. NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. The Applicant met the criteria for separation by reason of misconduct due to a pattern of misconduct. The Applicant was subsequently notified of her Commanding Officer’s intent to separate her for this reason and her discharge was ultimately directed by reason of misconduct due to a patter on misconduct. No other narrative reason for separation could more clearly describe why the Applicant was discharge. Relief denied.

The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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, and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient post-service documentation to consider mitigating the misconduct that resulted in the characterization of discharge. 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. 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 P1900.16F), effective 01 Sep 2001 until Present.

B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 91, insubordinate conduct or Article 92, disobey order/regulation .
C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

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


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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