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USMC | DRB | 2006_Marine | MD0600697
Original file (MD0600697.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. MD06-00697

Applicant ’s Request
The application for discharge review was received on 20060426 . 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 20070209 . 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 2 9 , Narrative Reason for Separation, should read: “ (272) 990815 - 000512 .” 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
Misconduct caused by family problems.

Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Letter from Applicant , undated (2 pages)
Applicant ’s DD Form 214 (Member 1 and 4)
Fifteen pages from Applicant ’s service/medical records

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USN (DEP)*     1995xxxx – 1995xxxx
         USMCR (DEP)     19980930 - 19981004       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19981005              Date of Discharge: 20000712

Length of Service (years, months, days):

 Active: 0 1 0 9 0 8 (Does not exclude lost time.)
          Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 272 day s
         Confinement:              None

Age at Entry: 21

Years Contracted: 4
Education Level: 12                                 AFQT: 67

Highest Rank: PFC         MOS: 7051        (Aircraft Crash, Fire and Rescue Man)

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4. 6 ( 2 )     Conduct: 4. 5 ( 2 )
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Expert Badge

*Dates not clearly indicated in record. From notation on SF 93 for USMC enlistment. Indicates Applicant disqualified due to inattentiveness in class, placed on Prozac which was discontinued. Denies symptoms presently

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 :

980921:  Chief, Bureau of Medicine and Surgery informs Commanding General, Marine C orps Recruiting Command that Applicant does not meet established physical standards due to history of transient mood disorder. Waiver not recommended. Requests resubmission following psychiatric consultation by MEPS consultant for history of transient mood disorder with determination for fitness for military service.

980928:  Psychiatric consultation, MEPS, (name illegible), M.D.: History of mild hyperactive adjustment disorder, which has improved over time. He (Applicant) has (illegible) intelligence for which he has thus far found no outlet. There is no history of meaningful depression, even when several significant people in his life died within a short time. He has successfully held a job requiring close, repetitious attention. He is now very slightly hyperactive, manifested mostly by (illegible). No psychiatric disorder.

980930:  Chief, Bureau of Medicine and Surgery informs Commanding General, Marine Corps Recruiting Command that Applicant does not meet established physical standards due to history of transient mood disorder and/or hyperactive adjustment disorder. Recommended waiver.

980930:  Commanding General, Marine Corps Recruiting Command grants waiver of physical standards for enlistment due to h istory of transient mood disorder and/or hyperactive adjustment disorder.
99 0815:  Applicant to unauthorized absence.

990826:  Medical evaluation at Fort Carson Army Hospital by G_ L. K_, MD :
         Reason for evaluation: Considered for discharge because of personality disorder, misconduct, request discharge for the good of the service.
 Impressions: (Applicant) h as the mental capacity to understand and participate in the proceedings.
          Remarks: AXIS I: Depressive disorder not specified.
         AXIS II: Personality disorder not specified.
         Current potential for self harm, harm to others, AWOL is low if discharged from military service.
         Precautions: Considered potentially dangerous. Recommendation against use of weapons/live ammunition and securing off-post weapons.
          Continued service: Process for expeditious administrative separation IAW unit’s discretion. Meets psychiatric criteria for separation. Does not have a severe mental disorder and is not considered mentally disordered. However, manifests a long-standing disorder of character, behavior and adaptabi l ity that is of such severity so as to preclude adequate military service. A l though not currently at significant risk for suicide or homicide, due to these life-long patterns of maladaptive responses to routine personal and/or work related stressors, may become dangerous to him or herself or others in the future. Professional opinion of evaluator that problem will not respond to Command efforts at rehabilitation (such as transfer, disciplin ary action or reclassification) nor to any treatment methods currently available in any military mental health facility.
         Remarks: Admitted 23 Aug from AWOL status with suicidal thoughts. Was to be en route to new duty station in Japan. Feels he is unable to leave family/ social supports and that his depression has been exacerbated by feeling trapped in military service. He’s had chronic depression pre-dating military service and near suicidal acts in past. Expeditious discharge recommended.
000512:  Applicant from unauthorized absence.
000525:  Applicant admitted to United States Naval Hospital Okinawa.

 000526:  Commanding Officer, Marine Wing Support Squadron 172, appoints Preliminary Inquiry Officer to into the facts and circumstances of Applicant’s alleged period of Absence without leave.
0005 30 :  Medical evaluation at United States Naval Hospital Okinawa by R. B_, Ph.D., LT MSC, USNR, Clinical Psychologist, C. C_, MD, CDR, MC, USN, Psychiatrist and B. B_, CAPT, MSC, USN, Commanding Officer, U.S. Naval Hospital from 000525 to 000530.
         Patient (Applicant) was medically cleared by his GMO and referred on a routine basis for depressed mood and a possible personality disorder in the context of geographical se p aration from his spouse and dissatisfaction with the Marine Corps.
Hospital course: Admitted to the psychiatric ward…afforded individual, group, and milieu therapy…. He stated that he was frankly not motivated about continued service in the USMC and would not guarantee that he would be compliant with his alcohol after care program because “I feel I don’t need it.”
          Diagnostic Impressions (DSM IV): AXIS I: Adjustment disorder, with depressed mood resolving . Alcohol dependence, with physiological dependence . Attention Deficit Disorder - prior history, EPTE
          AXIS II: Antisocial personality disorder
         AXIS III: No diagnosis on AXIS III
         AXIS IV: Routine military duties
         Recommendations and Plan:
 Fitness and Suitability: Recommend expeditious administrative separation from the United States Marine Corps.
1. Has an appointment on 000601.
2. The Alcohol Rehabilitation Department (ARD) has recommended outpatient alcohol treatment.
 3. The patient has a follow-up appointment with GSGT 000601.
4. The member is fully accountable for his behavior and is fully competent to handle his own affairs.
000530:  Preliminary I nquiry Officer submits report. C oncluded that on or about 990812, PFC F_ ( Applicant ), while enroute to the First Marine Aircraft Wing did fail to go to his appointed place of duty and that he did remain absent without leave until 000515. Opined that the Applicant had personality disorder that made him unfit for military service; however, did not render him incapable of understanding actions. Recommended Special Court-Martial for UA and favorable consideration of separation in lieu of trial.

000601:  Medical evaluation at U.S. Naval Hospital Okinawa, Medical Health Clinic, LT R. A. B_, MSC, USN, Ph.D., Clinical Psychologist: Pt (Applicant) reporting no SI/HI, but stated he feels he has seen an increase in his depressive feelings. Pt. Stated he felt depressed because of financial problems with his bank “screwing up my pay.” Pt said his Platoon Gunnery Sergeant also told him he didn’t believe in depression or PD and that he needed to just get back to work. Pt stated he was worried he might be “harped” on at work. Pt contracted convincingly for safety.
         Assessment: not homicidal or suicidal and is fully accountable for own behavior. Progress on Target Problems: stable.
         DSM Diagnosis: Axis I: Depressive Disorder, NOS, NCD
         Axis II: Personality Disorder, NOS
         Axis III: See full medical record
         Recommendation and Plan: 1. Status: Fit but not suitable for duty.
2.       Continued outpatient care indicated and desired. Inpatient care not indicated.
3.       Patient expressed understanding of plan
4.       Patient expressed agreement with plan
5.       Review coping skills packet. F/u 000508 @ 1300
000602:  Counseled concerning diagnosed personality disorder, Antisocial Personality Disorder.

000609 :  Charges preferred for violation of the Uniform Code of Military Justice (UCMJ) Article 86: On or about 990815, without authority, absent himself from his unit, and did remain so absent until on or about 000512.

000615 :  Applicant , having consulted with counsel certified under UCMJ Art 27 ( b ) , 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.

000619:  Commanding Officer forwarded request for separation, recommending approval.

000622 :  SJA review determined the case sufficient in law and fact.

 000622 :  GCMCA, Commander, 1 st Marine Aircraft Wing, approved the Applicant 's discharge under other than honorable conditions in lieu of trial by court-martial.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000712 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).

In a signed statement, the Applicant requested administrative separation in lieu of a trial by court-martial. He consulted with counsel and was fully advised of the implications of his request. The Applicant understood that if discharged under other than honorable conditions, it might deprive him of virtually all veterans' benefits based upon his current enlistment, and that he might expect to encounter substantial prejudice in civilian life in situations wherein the type of service rendered or the character of discharge received therefrom may have a bearing. The Applicant stated he understood the elements of the offenses with which he was charged. He admitted he was guilty of violating Article 86. Competent medical authority, while diagnosing him a personality disorder, determined that Applicant was accountable for his conduct. Given the length of Applicant’s unauthorized absence, the Board found no inequity in the characterization of his service as under other than honorable conditions.

The following is provided for the edification of the Applicant. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge. The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities. 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 or inequity 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, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any 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. 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 P1900.16E), effective
18 Aug ust 19 95 until 31 August 2001.

 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 86, absence without leave 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 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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