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USMC | DRB | 2006_Marine | MD0600804
Original file (MD0600804.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. MD06-00804

Applicant ’s Request
The application for discharge review was received on 20060523 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “ medical/Entry Level . ” The Applicant requests a personal appearance hearing before the Board in the Washington, D.C. Metropolitan area. The Applicant did not designate a representative on the DD Form 293.
Decision

A personal appearance discharge review was conducted in Washington, D.C. Metropolitan area on 20070228. 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 3 to 2 that the character ization of the discharge shall not change. And the Board’s vote was unanimous that the narrative reason for separation shall not change. The discharge shall remain General (Under Honorable Conditions) by reason of convenience of the government due to a personality disorder.



PART I - ISSUES AND DOCUMENTATION

Decisional Issues

Propriety: Misdiagnosis .
Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Certificate of Appreciation from Marine Corps League, dtd June 9, 1995
 Certificate of Commendation from Marine Corps Recruit Depot/Eastern Recruiting Region, Parris Island, South Carolina, dtd June 9, 1995
Certificate of Excellence from Marine Corps Recruit Depot, Parris Island, South Carolina, dtd June 5, 1995
 Meritorious promotion to Private First Class, dtd June 2, 1995
 DD Form 214 (Member 4)

On the date of the Applicant’s hearing, the following additional documentation were submitted and considered:
Emergency Care & Treatment, Bayne-Jones Army Community Hospital, Fort Polk, LA, dtd September 23, 1994
Letter from W_ T. W_, MSgt (Ret ) USAF, undated
Letter from Dr. B_ H_, undated
Email msg from Applicant’s Hotmail Account, dtd February 24, 2007

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    1995022 7 - 19950320       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19950321              Date of Discharge: 19951222

Length of Service (years, months, days):

 Active: 00 0 9 0 2
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 1 day
         Confinement:              None

Age at Entry: 18
Years Contracted: 4
Education Level: 12                                 AFQT: 64

Highest Rank: PFC                                    MOS: 9971 (Basic Marine)

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3 . 8 *                                   Conduct: 3 . 8 *
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Rifle Sharpshooter Badge, N ational Defense Service Medal .

* Extracted from Commanding Officer’s letter dated 951204.


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 :

950705:  Medical Evaluation at Naval Hospital, Camp Lejeune by M. M_, PA-C.
          S: 18 year old follow up f r o m Devil Dog with lower back pain for more than 6 days. Pt complains of lower back pain 9 days. Pt states he had a problem 9 months ago in MVA. Pt denies bowel/bladder problems. Pt denies loss of sensation. No history of trauma to back. Pt stated he fell out of the hump last Tuesday.
          A: Lower back strain.
          P: Continue meds, Stretching exercises; LD for 7 days exp 7-11-95.

950706:  Applicant to unauth orized absence at 1530 .

950708:  Applicant from unauth orized absence at 0900 (1 day /surrendered ).

 950711 :  NJP for violation of UCMJ, Article 86 : UA(AWOL) fr om 1530, 950706 to 0900, 950708 at A Co, ITB, SOI, CamLej.
         Award: Forfeiture of $ 93.00 per month for 1 month, restriction and extra duty for 14 days. Award suspended for 6 months. Not appealed.
950717:  Counseling: Advised of deficiencies in performance and conduct (Failure to adapt to the Marine Corps Environment which is so severe that it adversely affects ability to function effectively in a military environment and unsatisfactory performance and conduct which is evidenced by lack of reasonable effort.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950717:  Counseling: Advised of deficiencies in performance and conduct (Inability to participate in training which includes even minimal amounts of physical exertion. Applicant may be suffering from a physical condition or injury beyond Applicant ’s control.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 950722:  ER request for Mental Health consult, N_ R. F_, PA-C : 18 year old male contemplating suicide by medication overdose. Contracts not to harm self until seen routinely your facility. Appreciate your eval. Thanks.
950731:  Camp Geiger BMC request Ortho consult , L. N. J_, MD, LT, MC, USNR : 18 year old with history of MVA 9/94, prior to enlistment. Had lower back pain which resolved until recently. L-spine done 7/20/95 notes narrowed L4-L5 space and recommended MRI to rule out HNP. Please evaluate.
950803:  Me ntal Health Service s , G. N_, LT, MC, USN, Staff Psychiatrist : Applicant referred due to symptoms of depression and suicidal ideation.
         Diagnosis:       AXIS I: Life circumstance problem
                            AXIS II: Personality disorder not otherwise specified.
                           AXIS III: Low back pain.
          Recommendation:
         1. The patient has been thoroughly evaluated in the mental health clinic. The patient is not mentally ill and is responsible for his own behavior. However, the patient is having extreme difficulty in adjusting to the military environment and appears to be totally unsuitable for military service. As the patient has been in the Marine Corps for less than 6 months, it is recommended that the local command expeditiously pursue processing of administrative separation in accordance with MARCORSEPMAN, Paragraph 6205, “ENTRY LEVEL SEPARATION”, based on failure to adapt. The patient has been offered supportive follow-up by mental health pending administrative separation.
         2. Pending administrative separation, the patient should not be allowed to handle weapons or engage in other potentially stressful or hazardous duties.

 950828:  Evaluation by C_ W_, MD, LCDR, MC, USN. Impression: Low back pain with I’d sensation. P lan : MRI to assess disc. Follow up after MRI.
950922:  Applicant found physically qualified for separation.

 951116:  Medical evaluation by C. W_, MD: 19 year old cauc male with continuous complaints of lower back pain for 5 months. Pt limited duty for 5 months. Pt had MRI on 951010. Pt originally injured back in head on MVA prior to military service, seen by civilian doctor, diagnosed with sprain in lower back. Re-injured back during hump. Pt states he shifted his pack and felt a pop and a burning sensation in his back. Pt also complains of numbness in left leg. Pt also states that his lower back hurts when he has to make a bowel movement. Pts back pain aggravated by movement of any kind.
         Four months ago was doing well until went on hump and shifted his back pack forward while slightly flexed at waist and experienced tearing pain. Experiences low back pain when having a bowel. No loss of bowel or bladder control.
          MRI Degenerative Disc disease at L 3-4 and L4-5 levels with disc de ss ications and broad based disc bulges . Impression: Mechanical low back pain. No evidence of nerve i mp ingement. P lan : Recommend full duty.
951204 :  Applicant notified of intended recommendation for a general discharge by reason of convenience of the government on the basis of a personality disorder . The factual basis for this recommendation i s personality disorder which is so severe that the ability to function effectively in the military environment is significantly impaired. Applicant informed the least favorable character ization of service possible is general.

951204 :  Applicant advised of rights and having elected not to consult, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

951204 :  Commanding Officer, Infantry Training Battalion , via Commanding Officer, School of Infantry, Marine Corps Base, recom mended to Commanding General, Marine Corps Base, Camp Lejeune, North Carolina, Applicant ’s discharge with a general (under honorable conditions) by reason of convenience of the government on the basis of a personality disorder. Commanding Officer’s comments: “ Pvt W_ ( Applicant ) was assigned to a training Company during July 1995. He was transferred to TRP after extended light duty for lower back pain. This diagnoses was repeated on several occasions, each with an extension of light duty. Pvt W_ was subsequently diagnosed by a psychologist as being unsuitable for military service. I concur with the psychiatrist diagnosis and recommend discharge based on a personality disorder. ”
951204 :  Commanding Officer, School of Infantry, MCB, Camp Lejeune, North Carolina, forwarded, recommended Applicant ’s discharge with a general (under honorable conditions).
951219 :  GCMCA, Commanding General, Marine Corps Base, Camp Lejeune, North Carolina , approved the Applicant 's discharge with a general (under honorable conditions) by reason of convenience of the government due to a personality disorder.



PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19951222 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). The Board presumed regularity in the conduct of governmental affairs (D).
The Applicant contends his discharge should be honorable. Under applicable regulations, separations based on a personality disorder may be honorable or general (under honorable conditions) depending on the member’s service record. A general discharge may be warranted if the service records contain nonjudicial punishments, disciplinary actions, or if other significant negative aspects existed, which outweighed the positive aspects of the member’s period of service. In the Applicant’ s case, his records contain:
•         Non-judicial punishment on 19950711 for violation of UCMJ Article 86 Unauthorized absence and a
•         Retention warning entry on 1995 0717 for f ailure to adapt to the Marine Corps Environment and unsatisfactory performance and conduct which is evidenced by lack of reasonable effort.
In light of this evidence, the Separating Authority properly and equitably characterized the Applicant’s service as General (Under Honorable Conditions).

In reviewing the Applicant’s service, the B oard members intently considered his performance and conduct during recruit training. The Applicant was recognized as the Honor Graduate for Golf Company; earned the Commanding General’s Certificate of Commendation as the Honor Graduate for Platoon 2092; received a Certificate of Excellence for scoring 286 points on the Physical Fitness Test; and was meritoriously promoted to Private First Class. While the Board gave due consideration to the Applicant ’s positive performance, a majority of the members could not reconcile this Applicant’s decision to go absent without leave. The Applicant’s justification during the hearing was insufficient to convince the panel to change his characterization of service. The Board concluded, by a vote of 3 to 2, that the Applicant’s discharge characterization of general (under honorable conditions) was proper and equitable. Relief denied.
Propriety – Misdiagnosis: The Applicant requests a Narrative Reason for Separation change to “Medical/Entry Level” on the basis that he did not have a Personality Disorder. The Applicant offers that he “was diagnosed with a Personality disorder when in reality [he] sustained a severe back injury.” Under its responsibility to examine the propriety and equity of the Applicant's discharge, the NDRB will change the reason for discharge if such a change is warranted. On 19950803, competent medical authority diagnosed the Applicant with a Personality Disorder. On 19951204, the Applicant was properly notified of the command’s intent to recommend his discharge by reason of convenience of the government due to a personality disorder. Despite his acknowledgement of this basis on 19951204, the Applicant, during testimony, challenged this diagnosis by claiming he did not have a personality disorder. However, he did not provide any documentary evidence to support his claim. The Applicant is advised that his statements alone are insufficient to invalidate the in service diagnosis. The Board unanimously concluded that the Narrative Reason for Separation was proper. Relief on this basis is denied.

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 military 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 could have be en provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, certification of non-involvement with civil authorities, and credible evidence of a substance free lifestyle. The Board considered the Applicant’s testimony concerning educational achievements, stable employment and family, and no criminal record . After careful consideration, the Board concluded that the Applicant’s statements concerning post-service achievements, without documented evidence, do not mitigate the misconduct, which precipitated discharge. Relief denied.
The following is provided for the edification of the Applicant. The Applicant has exhausted opportunities for review at the NDRB. If further review is desired, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of service.
Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 until 31 August 2001.

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 .

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

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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