Search Decisions

Decision Text

USMC | DRB | 2006_Marine | MD0600832
Original file (MD0600832.rtf) Auto-classification: Denied


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

ex-Pvt, USMCR
Docket No. MD06-00832

Applicant’s Request
The application for discharge review was received on 20060524 . 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 20070329 . 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 Under Other Than Honorable Conditions by reaso n of misconduct due to the commission of a serious offense.


PART I - ISSUES AND DOCUMENTATION

Decisional Issues
Propriety: Should have been separated for personality disorder.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1)
Applicant’s DD Form 214 (Member 4)
Excerpts from Medical Record (5 pgs)
Excerpts from Service Record (2 pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20031031 – 20040125      COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 200 40126              Date of Discharge: 20050112

Length of Service (years, months, days):

 Active: 00 1 1 17 (Does not exclude lost time.)
         Inactive: None

Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              2 4 day s

Age at Entry: 26

Years Contracted: 8 (6 SMCR and 2 IRR following IADT)

Education Level: 12                                 AFQT: 44

Highest Rank: PFC                                    MOS: 9900

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NA*                  Conduct: NA*
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Marksmanship Rifle Badge, National Defense Service Medal

*Not Available


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
U NDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.6.

 Chronological Listing of Significant Service Events :

040126:  District Level waiver (HBD 390-04) granted.
040126 :  Commenced initial active duty for training .
040210:  Medical entry, Emergency Care and Treatment, Marine Corps Recruit Depot, Parris Island, LT W. B. N_, MC, USNR and LT G. M. F_, MD, MC, USNR: 26 yo male (Applicant) with complaint of “boot to face” during MCMAP training.
          Negative CT/facial x-ray.
          Assessment: mild concussion.
         Plan: Morphine 5mg.

040212:  Medical entry, MCRD, 3 rd Bn Aid Station, Naval Hospital, Beaufort, SC, LT G. R. B_ PA-C, MSC, USNR: (Applicant) follow up for concussion. Patient states headaches wake him up at night. Pain is 7/10. Pain to frontal, temporal and posterior head. Pt. states light sensitivity and loud noises hurt. Positive photophobia and positive disorientation. Tremors starting in hands and arms.
         Assessment: concussion.
         Plan: Continue on meds. Neurologist eval?

040213:  Medical entry, MCRD, 3 rd Bn Aid Station, Naval Hospital, Beaufort, SC, LT G. R. B_ PA-C, MSC, USNR: (Applicant) follow up for concussion. Rct feels a slight improvement. At night while sleeping headaches get worse…DIs yelling at other rcts hurts his head…still sees light flashes … when headache peaks it is a 8/10 pain.
         Assessment: post-concussive headache.
         Plan: Discontinue motrin. Continue Tylenol. Dropped to MRP. Bed rest 1 week.

 040213:   Medical entry, MCRD, Sports Medicine Clinic, Naval Hospital, Beaufort, SC, LCDR T_ J. M_, DO, MC, USNR: (Applicant) consult from 3 rd BAS. Pt had head trauma – boot to face 2 days ago – had pain – seen and work up for facial fx – also mild concussion symptoms.
         Assessment: mild concussion
         Plan: LD x 4 days – off 0630, 040217. Follow up any changes. Pt now denies headaches – was homesick and thought this would allow him to go home. No follow up unless needed.

 0 4 070 1 :  Medical entry, Sick Call Clinic, Camp Geiger, Naval Hospital, C amp Lej eu ne , V_ L. L_, Physician :
Reason for appointment: headache, dizziness.
History of present illness: Per patient (Applicant), fell to bathroom floor at MRP after being hit by opening door. LCpl L_ is Marine who opened door – denies any feeling/sound of impact – opened door and saw patient on floor. Patient had just been informed that he would be starting RTR to return to training.
          Vitals: While obtaining blood pressure, patient observed to be bearing down or performing a valsalva maneuver…Observed valsalva maneuver confirmed by HM2 M_.
          General appearance: …Exaggerated squinting when sunglasses removed.
         Head: …Patient noted to have Vics vapor rub under both eyes.
 A/P: 1. MALINGERING. Patient evaluated by Neurology – factious components to exam noted at that time. No neurological deficits noted and no indication for MRI. Patient’s story of being struck by boot is still unconfirmed. Of note – patient observed by LCDR L_ walking to BAS – weaving, walking slowly, and stopping on occasion to sit down on ground. However, when patient answered cell phone, he was noted to stand completely upright, no swaying or balance issues for the entire conversation. Upon completion of call, patient was noted to resume swaying with apparent balance difficulties. Patient has been observed on a number of occasions in the clinic walking without difficult y and on a previous occasion after being treated for 10/10 headache and sent SIQ, was seen walking upright, not squinting, with no difficulties to the Student Admin building.
         2. FACTITIOUS DISORDER WITH PHYSICAL SYMPTOMS: Elevated BP’s evaluated earlier determined to be artificial elevations secondary to valsalva maneuver.
          Released without limitations. Follow up as needed. Patient will begin RTR on Tuesday (will take chit for initial evaluation).
040804:  Medical entry, Sick Call Clinic, Camp Geiger, Naval Hospital, Camp Lejeune, HMC (SW/FMF) C_ W. K_, USN:
         Reason for appointment: left rib pain.
         27 y.o. male (Applicant) complains of pain to left side of chest and headache after what he reports as assault by two Marines two days ago. He reports he was placed in a headlock and punched in the left side of his face, was released, fell t o the ground and was punched in the left side of his chest.
         Assessment: Subjective complaints of left sided chest pains and headache following assault Pt reports occurred two days ago. Normal exam.
         Plan: Pt to continue present duty status with MRP. No duty status changes recommended as a result of this visit. Follow up if pain persists, worsens, or as needed. Continue meds as directed.
040805:  Applicant admitted to Psychiatric Inpatient Unit, Naval Hospital, Camp Lejeune, for observation due to second episode of overdosing on pain medications prescribed for post-concussive migraines resulting from allegedly being struck in head with boot by drill instructor during boot camp.
         [Extracted from Narrative Summary (Clinical Resume) dated 040824.]

040810:  Applicant discharged from Psychiatric Inpatient Unit, Naval Hospital, Camp Lejeune. M. C_, PhD, Clinical Psychologist and LT R_ D_, MC, USN, Attending Psychiatrist:
         Discharge diagnoses:
         Axis I: Adjustment Disorder with Depressed Mood
         Axis II: Personality Disorder Not Otherwise Specified
         Axis III: Patient reports post-concussive migraines
         Axis IV: Occupational problems
         Axis V: Functioning at 75 to 80
         Recommendation: Separated due to unsuitability for continued military service.
040810:  Commanding Officer, Naval Hospital, Camp Lejeune, recommended that Applicant be administratively separated for personality disorder.
“(Applicant) suffers from a personality disorder that is so severe that the Marine’s ability to function effectively in the military is significantly impaired…The member is not mentally ill and is responsible for his behavior. However, this member does manifest a long standing disorder of character and behavior that is of such severity as to interfere with his ability to function effectively in the military environment…Although not imminently suicidal or homicidal, the member poses a continuing risk to do harm to self or others and negatively impact unit effectiveness and morale if retained in the military. Therefore, it is strongly recommended that the 6105 entry be waived and the member processed for an administrative discharge in accordance with MARCORSEPMAN paragraph 6203.3 by reason of unsuitability. ”

0 40810 :  Charges preferred Applicant for violation of the Uniform Code of Military Justice (UCMJ) Article 90 : Having received lawful command from LCDR C_ L. L_, USN, his superior commissioned officer, to remove sunglasses, did on or about 040701 willfully disobey the same; and Article 115, Malingering : Specification 1: Did, on board Camp Lejeune on or about 040701, to avoid serving as enlisted person, feign headache and dizziness, loss of balance, optic sensitivity to light and elevated blood pressure. Specification 2: Did, on board Camp Lejeune on or about 040701, to avoid serving as enlisted person, intentionally injure himself by rubbing Vics Vapor Rub around his eyes.

040816 :  Charges referred to special court-martial.
041014:  Letter from M_ R. C_, Psy. D, Clinical Psychologist , Mental Health Clinic, Naval Hospital, Camp Lejeune, Commanding Officer and Defense Counsel, S ubj: PVT M_ S_ (Applicant). Indicated that it was not uncommon for individuals with Applicant’s personality configuration (personality disorder with narcissistic and histrionic and aspect of projecting blame for personal problems or stresses onto the environment or other individuals) to internalize stress and depression and manifest it in the form of migraine headaches. Not an occasion of malingering but an expression of personality disorder. To the individual pain is legitimate and severe. Clinical opinion is that Applicant’s headaches were not malingered, however, unless neurologist diagnosed Applicant with migraines, would have simply called them stress-induced headaches.

041117 :  Summary Court-Martial.
          Charge I : violation of the UCMJ, Article 90 :
Specification: Assaulting or Willfully Disobeying Superior Commissioned Officer. Plea : Guilty. Findings : Guilty.
         Charge II: violation of the UCMJ, Article 115: (2 Specifi cation s) :
         Specification 1: Malingering. Plea : Guilty. Findings : Guilty.
         Specification 2: Malingering. Plea : Guilty. Findings : Guilty.
         Finding: to Charge and the specification thereunder, guilty.
          Sentence: Forfeiture of $795.00, reduced to E-1, 30 days confinement.
         CA action 041130: Sentence approved and ordered executed.
041117:  Applicant found medically fit for confinement.

 041117:  Applicant t o confinement.

041202:  Applicant submitted handwritten statement to his Commanding Officer: “I M_ S_ (Applicant) was in the Separations Platoon awaiting a Special Court Martial for charges of Malingering 115 and disobeying a direct order 90, - While in the separations platoon my lawyer Capt B_ advised me to take a lower form of charge and be administrative Separated from the United St a tes Marines Corps. At Which time I conciderd the offer and took it. I donot which to continue in the Military USMC or be retained. The reason I donot wish to stay in the Marines is I understand that the USMC is not for every and I am no exception to that. ”

041202:  Applicant submitted request for voluntary leave awaiting administrative separation. Acknowledged understanding that if administrative separation is affirmed, separation proceedings will be completed without his presence.

 041203:  Commanding Officer, Headquarters and Support Battalion, School of Infantry, recommended that Applicant be administratively separated.
         [Extracted from Commanding General, Marine Corps Base, Camp Lejeune , endorsement dated 050105.]

 0412 10 :  Applicant f rom confinement.

Not dated:       Commanding General, Marine Corps Base, Camp Lejeune, approved Applicant’s request for voluntary leave awaiting administrative separation.

 041214:  Applicant found physically qualified for separation from active duty.

041220:  Applicant to voluntary leave awaiting administrative separation.

 041230 :  SJA review determined the case sufficient in law and fact.
050105 :  GCMCA, Commanding General , Marine Corps Base, Camp Lejeune, directed the Applicant's discharge by reason of misconduct due to commission of a serious offense with a characterization of service as under other than honorable conditions.

Service Record Book contains a partial Administrative Discharge package.
 Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050112 by reason of misconduct due to the commission of a serious offense (A and B) with a service characterization of under other than honorable conditions. After a thorough review of the records, supp orting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D). The Board presumed regularity in the conduct of governmental affairs (E).
There is credible evidence in the record that the Applicant committed a serious offense. When reviewing a discharge, the NDRB does consider the extent to which a medical problem might affect an Applicant’s performance and ability to conform to the military’s standards of conduct and discipline. The NDRB generally does not consider the circumstances surrounding the Applicant’s stated condition, nor the medical treatment given to the Applicant to be of sufficient nature to exculpate the Applicant’s misconduct. The mere presence of a personality disorder is not a bar to Naval Service. There is no evidence in the record to suggest that Applicant was not responsible for his misconduct or that he should not be held accountable for his actions. When administratively separated for misconduct, c haracterization of service normally shall be under other than honorable conditions. After thorough review of his medical records, the NDRB concluded that Applicant’s medical condition did not mitigate the misconduct for which he was separated. Therefore, the NDRB considered the Applicant’s discharge proper and equitable. Relief denied.

Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, it is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Reenlistment policy of the Marine Corps is promulgated by Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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 6210, MISCONDUCT of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), 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 convic tion by a special or general court-martial for violation of the UCMJ, Article s 90, Assaulting or willfully disobeying superior commissioned officer, and 115, Malingering .
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 .

E. 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

Similar Decisions

  • USMC | DRB | 2006_Marine | MD0600220

    Original file (MD0600220.rtf) Auto-classification: Denied

    The subject named Marine’s (Applicant) evaluation and treatment plan had been reviewed by by Lt L_, Senior Medical Officer, Camp Geiger Branch Medical Clinic.Private G_ (Applicant) is a 20-year-old male with Lumbar Back Strain and Thoracic Back Strain.Private G_ (Applicant) is recommended for administrative separation for Lumbar Back Strain and Thoracic Back Strain which existed prior to entry (EPTE) and was not revealed on the military entrance physical examination at MEPS. The factual...

  • NAVY | DRB | 2003_Navy | ND03-00517

    Original file (ND03-00517.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to medical. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s ECG report undtdApplicant’s Medical Consultation, Branch Medical Clinic, Great Lakes, dtd May 1, 2000Applicant’s Radiologic Exam Report dtd Aug 23, 2001 PART II - SUMMARY OF SERVICE...

  • USMC | DRB | 2006_Marine | MD0600804

    Original file (MD0600804.rtf) Auto-classification: Denied

    Pt complains of lower back pain 9 days. 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 19950717 for failure 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...

  • NAVY | DRB | 2006_Navy | ND0600001

    Original file (ND0600001.rtf) Auto-classification: Denied

    ND06-00001 Applicant’s Request The application for discharge review was received on 20050920. 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 1 and 4) Evaluation Report and Counseling Record, dtd April 5, 2005 E-mail from NAS PENSACOLA, dtd March 29, 2005 Thirteen pages from Applicant’s service record Four hundred and seventy-five pages from Applicant’s medical...

  • NAVY | DRB | 2001_Navy | ND01-01063

    Original file (ND01-01063.rtf) Auto-classification: Denied

    Pt fit for duty psychiatrically, pt should continue evaluation by neurology for her headaches. Relief based on this issue of propriety is not warranted.The applicant’s second issue states: “This discharge is improper because it clearly states in section i, Personality Disorder in SECNAVINST 1910.4B Part 1 reasons for separation, that a separation is not appropriate when separation is warranted on the basis of unsatisfactory performance or misconduct. The summary of service clearly...

  • USMC | DRB | 2002_Marine | MD02-01087

    Original file (MD02-01087.rtf) Auto-classification: Denied

    MD02-01087 Applicant’s Request The application for discharge review, received 020725, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a documentary record discharge review. Assessment: History of PFS/ITBS, left knee.

  • USMC | DRB | 2002_Marine | MD02-01310

    Original file (MD02-01310.rtf) Auto-classification: Denied

    MD02-01310A Applicant’s Request The application for discharge review was received on 20020909. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to medical – entry level separation. “On behalf of the above referenced applicant, and in accordance with 32 C.F.R., section 724.166; SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge...

  • USMC | DRB | 2006_Marine | MD0600175

    Original file (MD0600175.rtf) Auto-classification: Denied

    A: Stress fracture right Femur (illegible) P: Physical Therapy Instructions and Handouts: Ankle Sprain complete treatment with tilt board continued; Contract/Relax buddy stretches adductors; Isometric Quad exercise Ice 2-3 x day (illegible) Duty status: MRP (Protocol UB/Swim/C.C.) Continue with UB protocol until 100% pain free.960426: Medical entry: Sports Medicine Clinic, Marine Corps Recruit Depot, San Diego CA, HM1 K. J. R_, USN: Patient (Applicant) here for 2 week follow up and Eval for...

  • USMC | DRB | 2005_Marine | MD0501067

    Original file (MD0501067.rtf) Auto-classification: Denied

    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 issues.” The Applicant requests a documentary record discharge review. SUPPORTING DOCUMENTS: “DD 214 Citations Medical Records in service Mental Health established in Marines was being discharged with notable mental distress from Marines seen by psychiatrist at home. 040517: Commander, 2d Marine Aircraft...

  • USMC | DRB | 2006_Marine | MD0600877

    Original file (MD0600877.rtf) Auto-classification: Denied

    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. This member has been offered supportive follow-up in the Mental Health Clinic pending processing for separation.000908: Applicant notified of intended recommendation for discharge as general (under honorable conditions) by reason of convenience of the government due to a personality disorder. You may view DoD...