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USMC | DRB | 2006_Marine | MD0600608
Original file (MD0600608.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD06-00608

Applicant ’s Request
The application for discharge review was received on 20060327 . 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 2007 01 10 . 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 separation in lieu of trial by court-martial.
The NDRB did note administrative error(s) on the original DD Form 214. Block 12a, Date Entered AD This Period, should read: “2001 11 05,”and Block 12c, Net Active Service This Period, should read: “01 01 16,” and Block 24, Character of Service, should read: “UNDER OTHER THAN HONORABLE CONDITIONS .” The Commandant, Headquarters USMC, Quantico, VA, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant ’s issues, as stated on the application:
“ During the time prior to my discharge, it was discovered that I had a mental illness and that is why my actions were so irratic. I was clearly not in control. I am mentally ill! ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant ’s DD Form 214 (Service 2)
Ten pages from Applicant service/medical records

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20011018 - 20011104       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20011105              Date of Discharge: 20021220

Length of Service (years, months, days):

 Active: 01 01 16 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 47 day s
         Confinement:              62 days

Age at Entry: 26

Years Contracted: 4
Education Level: 12                                 AFQT: 71

Highest Rank: PFC                                    MOS: 0311

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3 (4 )                                Conduct: 3.4 (5 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): National Defense Service Medal, Armed Forces Expeditionary Medal, Letter of Appreciation , Meritorious , Expert Rifle Badge (3rd Award)


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT-MARTIAL, authority: MARCORSEPMAN Par. 6419.

 Chronological Listing of Significant Service Events :

011018:  Pre-service waiver for drug s and serious offense granted.
020809:  Applicant to unauthorized absence on 020809 .
020924:  Applicant from unauthorized absence on 020924 (47 days).
020925:  Applicant to pretrial confinement.

 021018 :  Applicant , having consulted with counsel certified under UCMJ Art 27b, requested discharge for the good of the service to escape trial by court- martial. In the request the Applicant noted that his counsel had fully explained the elements of the offenses for which he was charged and that he understood the elements of the offenses. He further certified a complete understanding of the negative consequences of his actions and that characterization of service would be under other than honorable conditions. The Applicant admitted guilt to the following violations of the UCMJ, Article 86 : Unauthorized absence from 020809 to 020925.

021024:  Applicant’s statement.

 021106:  Applicant informed of charges.

 021106:  Charges referred to special court-martial.

021114 :  SJA review determined the case sufficient in law and fact.
021122 :  GCMCA, Commander, 1 st Marine Division (Rein), approved the Applicant 's discharge under other than honorable conditions in lieu of trial by court-martial.

021126:  Applicant from pretrial confinement.

 021127:  Acknowledged understanding of eligibility but not recommended for promotion to LCpl for the month of Dec 2002 because of pending legal action. SNM not available for signature due to incarceration.
021216:  Applicant found medically qualified for separation.
021217   Psychiatric evaluation at Naval Medical Center, San Diego, California by T_ K_, Psychiatry Resident, LT, MC, USNR and C_ L_, Psychiatry Attending, LCDR, MC, USNR.
         This is the first psychiatric admission for this 28-year-old active duty E2 United States Marine Corps with continuous active duty service of 1 year 12 days stationed at Camp Pendleton CP-11, who presents to Naval Medical Center San Diego as a transfer from Simi Valley Hospital after a one day admission for combative behavior.
         Medications:
         1. Paxil 40 mg q.a.m. started in October.
         2. The patient was given one dose of Depakote 450 mg this morning prior to being transferred.
         3. Paxil was titrated down to 10 mg q.d.
         Current Diagnostic Assessment:
         AXIS I: Bipolar I disorder, MRE manic
         AXIS II: Deferred
         AXIS III: No diagnosis
         AXIS IV: Occupational problems
         AXIS V: 51-60, moderate symptoms
         Plans and recommendations:
         1. Patient is currently neither suicidal nor homicidal
         2. The patient is in need of continued psychiatric treatment including prescription medications, blood levels of Depakote and laboratory screening of platelets and LFT’s. His next Depakote level should be assessed approximately five days after his most recent dose change, which was Monday, December 17. He may walk into Venice Family Clinic at 604 Rose Avenue in Venice; Ca on Monday, December 23 for a Depakote level to ensure his level is therapeutic between 50-100. For follow-up psychiatric care, he can walk-in or call The Edelman Health Center at (310) 399-6878, 11080 West Olympic Blvd in Los Angeles. He was instructed to do this within days of his discharge in order to have a follow-up appointment scheduled for within 2-4 weeks. His next scheduled LFT and platelet levels should be drawn at the end of February.
         3. He will be given a 5-week supply of his medications, which include Depakote 750mg po BID, and Zyprexa 15mg po qhs.
         4. The patient is discharged to his command for continued processing of Administrative Separation. He has completed his VAPS course and Separation Physical and it is estimated that his time back at the command will be brief and limited to check out procedures, much of which he completed while in the Brig.
         5. Subsequent to his discharge form the Marine Corps, the patient plans to reside temporarily either with his sister C_ Z_ or in a hotel near her, and she agrees to provide assistance in looking after him. She was aware of the above follow-up recommendations.
         6. The patient was advised to abstain from alcohol and drugs secondary to the medications he is on.
         The patient is aware of the contents of this report. [Extracted from supporting documents submitted by the Applicant]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20021220 in lieu of trial by court-martial (A and B) 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 (C and D).

The Applicant claims he is mentally ill. He states “I had a mental illness and that is why my actions were so irratic. I was clearly not in control.” The Applicants separation process was in strict compliance with the Naval Military Personnel Manual. The Applicant was being processed for separation by reason of misconduct due to the commission of a serious offense (Unauthorized absence for more than 30 days). The Applicant’s misconduct, warranting separation for misconduct due to a commission of a serious offense, is clearly documented in the Applicant’s records. After a complete review of the entire record, including the statement submitted by the Applicant, the Board found that the Applicant’s characterization of discharge was appropriate and that his claim of a mental illness diagnosis was found not to mitigate the conduct for which he was discharged. The separation authority determined that a pattern of misconduct most clearly described the reason for discharge. Since no other Narrative Reason for Separation could more clearly describe why the Applicant was discharged, a change would be inappropriate. 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 6419, SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective
01 September 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 [e.g., 86, unauthorized absence for more than 30 days].

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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