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USMC | DRB | 2006_Marine | MD0600576
Original file (MD0600576.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-Pvt, USMC
Docket No. MD06-00576

Applicant ’s Request
The application for discharge review was received on 20060316 . 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 shall not change. The discharge shall remain Uncharacterized by reason of physical standards.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Decisional Issue
No decisional issues were submitted by the Applicant . The Applicant claims s he should be issued an honorable discharge because h er service was greater than 180 days.

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) (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20010713 - 20010820       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20010821              Date of Discharge: 20020301

Length of Service (years, months, days):

 Active: 0 0 0 6 11 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 8 day s
         Confinement:              None

Age at Entry: 18
Years Contracted: 4
Education Level: 1 0 GED                     AFQT: 40

Highest Rank: Pvt                                    MOS: 9900 (General Service Marine)

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (1)                                Conduct: 4.3 (1 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Marksmanship Badge


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNCHARACTERIZED/ PHYSICAL STANDARDS , authority: MARCORSEPMAN Par. 6203.2a(9) .

Chronological Listing of Significant Service Events :

020102:  Applicant to unauthorized absence at 0500 on 020102.

020110:  Applicant from unauthorized absence at 1310 on 020110 (8 days/surrendered).

 020123 :  Medical evaluation at United States Army Medical Department Activity, Behavioral Medicine Division by B_ W_, ACSW, LCSW, Licensed Clinical Social Worker and P_ C. B_, Chief of Inpatient Psychiatry, GLWACH. MAJ, MD, MC.
         Mental Health Evaluation: Marine was seen on 020117 following a psychiatric admission to Jefferson Barracks VAMC in St. Louis, MO from 020111 through 020116.
          The Marine was seen on 020110 because of suicidal thoughts due to her childhood history of sexual and physical abuse. The environment at the USMC barracks was resulting in arousal of intrusive memories with subsequent avoidant behavior. She has attempted suicide 4 to 5 times in the past since the 8 th grade.
          Diagnoses:
          AXIS I: PTSD, chronic, severe, with acute exacerbation.
         Depressive disorder, NOS.
         Eating disorder, NOS, in partial remission by patient report.
         AXIS II: Borderline personality disorder.
         Recommendation: This Marine does have a severe mental illness which existed prior to her enlistment. The conditions are not considered to be amenable to rehabilitation while she remains in the Marine Corps and these conditions do not amount to a disability. The service member meets criteria for an administrative separation. An expeditious administrative separation is recommended.

020123 :  Counseling: Advised of deficiencies in performance and conduct ( Concerning your medically diagnosed Posttraumatic Stress Disorder which represents a physical condition not a disability. ), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
020123:  Applicant notified of intended recommendation for discharge as general (under honorable conditions) by reason of convenience of the government due to a physical condition that is not a disability. The factual basis for this recommendation was that an appropriately credentialed mental health care provider at the General Leonard Wood Army Community Hospital has diagnosed you with a Posttraumatic Stress Disorder. Applicant informed the least favorable character of service possible was as general (under honorable conditions).

020129:  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.

020130:  Commanding Officer recommended Applicant be discharged with a general (under honorable conditions) by reason of convenience of the government due to a physical condition that is not a disability.

020131:  Counseling: Advised of deficiencies in performance and conduct necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
020131:  NJP for violation of UCMJ, Article 86: SNM was UA (AWOL) from 0500, 020102 and did remain absent until 1310, 020110.
         Award: Forfeiture of $257.00 per month for 1 month, restriction for 14 days. Not appealed.

 020131 :  Counseling: Advised of deficiencies in performance and conduct (Concerning your misconduct for unauthorized absence. You were in a UA (AWOL) status from 020102-020110.) , necessary corrective actions explained, sources of assistance provided, and advised being processed for nonjudicial punishment proceedings .
020222 :  SJA review determined the case sufficient in law and fact.

 020226:  GCMCA, Commander, Training Command, Quantico, VA, directed the Applicant's discharge with an uncharacterized service for the convenience of the government due to a physical condition not a disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020301 by reason of physical standards (A) with a service characterization of uncharacterized. 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 Applicant claims s he should be issued an honorable discharge because her service was greater than 180 days. By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. The Applicant was notified of intended recommendation for discharge within the first 180 days of her enlistment. There were no unusual circumstances regarding the Applicant’s performance or conduct that would merit an honorable characterization in this case. After a review of the Applicant’s record it was determined an uncharacterized discharge is the most appropriate characterization of service. The Applicant’s service was marred by one nonjudicial punishment proceeding for violation of UCMJ Article 86 (unauthorized absence) from 020102-020210. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements. 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. Marine Corps Separation and Retirement Manual, (MCO P1900.16F, effective 01 Sep 2001 until Present), paragraph 6203, CONVENIENCE OF THE GOVERNMENT.

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


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