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USMC | DRB | 2006_Marine | MD0600996
Original file (MD0600996.rtf) Auto-classification: Denied

ex-LCpl, USMC
MD06-00996

 Current Discharge and Applicant’s Request :

Application Received:                               20 060719      
Narrative Reason for Separation:                          
Character of Service:                               
Discharge Authority :                                MARCORSEPMAN Par 6203.3
Last Duty Assignment/ Command at Discharge:       3rdbn 7thmar magtftc 29 palms ca

Applicant’s Request:
          Narrative Reason change to:               none requested
         Characterization chang e to:               
         Review Requested :                          
Representation:                                              designated


Decision:

 Date of Decision:                                            20 070607      
Location of Board:                                  Washington D.C.
Complete Service Record:                                   
Complete Medical Record:                          
Complete Discharge Package:                       

Regarding propriety, the Board found the discharge:     
Regarding equity, the Board found the discharge:        

By a vote of the Characterization shall .     
By a vote of the Narrative Reason shall .


Summary of Service :

Prior Service:
 Inactive: USMC R (DEP)                               20010201 - 20010916       COG
Active:                                          NONE      

Period of Service Under Review :
Date of Enlistment:                                 20010917      
Years Contracted :                                   ;      
Date of Discharge:                                  20040610
Length of Service:                                  02 Yrs 08 Mos 24 Days Does not exclude lost time, if any.
Time Lost During This Period:                          
                                                      NONE     
                          
Education Level:                                   
Age at this Enlistment:                                    
AFQT:                                                 82
MOS:                                                   0311
Highest Rate/Rank:                                   LCpl
P roficiency / Conduct :                              4.2 / 4.2 (number of marks not found in record)


Awards and Decorations (as listed on the DD Form 214):
RIFLE EXPERT BADGE, COMBAT ACTION RIBBON, SEA SERVICE DEPLOYMENT RIBBON, NATIONAL DEFENSE SERVICE MEDAL, PRESIDENTIAL UNIT CITATION, GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL


Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

20031217 :        Staff Psychiatrist, Behavioral Health Clinic, Robert E. Bush Naval Hospital, Twentynine Palms, CA recommended to Commanding Officer, 3 rd Battalion, 7 th Marines, that the Applicant be expeditiously administratively discharged due to personality disorder. Comments: The Diagnoses are Anxiety Disorder Not Otherwise Specified, Occupational Problems and Personality Disorder Not Otherwise Specified….
         Expeditious administrative separation in accordance with U.S. Marine Corps Separation Manual 6203.3, NAVMILPERSMAN 1910-122, NAVMILPERSCOM Instruction 1910-10, and NAVOP 013187 is recommended. (Paragraph 6105; Marine Corps Separation and Retirement Manual is waived)... The prognosis for significant change in this service member’s behavior is, as with most personality disorders, considered poor.

Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation
20031027:        3/7 Battalion Aid Station, Twentynine Palms. (Applicant) complains of depression…states depression has been around since a kid…has thought of suicide but was never serious…does not inflict pain on self…wo uld like to talk to therapist…Tried THC 4 times * …15-20 drinks per weekend about 2 weekends a month. Applicant referred to Mental Health.

20031117:        Courtesy evaluation, follow up depressive symptoms…positive FMH depression…Stress deployment. Negative SI/HI but unsure; works in Armory.
         A: Depression
         P: 1. Come when feeling of SI/HI become strong to ER. 2. Suspend armory duties, find desk job. 3. Will talk to Lt S_ to have another Marine keep eye on pt. 4. Continue Prozac. 5. Follow up Dr. D_.

20031125:        Naval Hospital Twentynine Palms Mental Health Services Report. Pt (Applicant) endorses dissatisfaction/ unhappiness with USMC, especially since OIF. However, he does not report symptoms consistent with PTSD. He endorses a longstanding history of social difficulties and depressed mood consistent with Dysthymic Disorder and a possible PD….does endorse depression…clearly describes anxiety with some symptoms similar to OCD and some suggestive of Social Phobia…doesn’t meet criteria for either based on the information obtained in this interview.
         Multiaxial Diagnoses:
         Axis I: Anxiety Disorder NOS, Occupational Problem
         Axis II: Avoidant traits
         Axis III: No diagnosis.
         Axis IV: Military lifestyle
         Axis V: 50s.

 20031202 :        Applicant admitted to Naval Medical Center, San Diego, California , referred to Emergency Room after taking an overdose of various pills and drinking alcohol in an attempt to commit suicide.

20031210:        Applicant discharged from Naval Medical Center, San Diego, California.
         Substance Abuse: …drinks one to two beers two to three times a week…Drug use: Smoked marijuana a couple of times in high school.*
          Diagnosis:
          AXIS I: Adjustment disorder with mixed disturbance of emotions and conduct, 309.4. Rule out social phobia (300.23).
         AXIS II: Personality disorder not otherwise specified with avoidant and obsessive compulsive traits.
         AXIS III: Status post left wrist laceration.
         AXIS IV: Occupational problem; pending deployment.
         AXIS V: GAF: On admission 11 to 20; current 51 to 60; highest 61 to 70.
         Recommendation: Expeditious administrative separation is very strongly recommended for this service member. The service member is not consid ered mentally ill, but manifest s long-standing disorder of character and behavior, which is of such severity as to render him incapable of serving adequately in the military. He does not presently require and will not benefit from hospitalization or further inpatient Mental Health Treatment. Although not presently suicidal or homicidal at this time, this member is said to represent an immediate risk to self-harm or harm of others if retained in the military service. This member is deemed fit to return to duty pending processing for expeditious administrative separation. This separation should be initiated in compliance with MILPERS Manual 1910-122, and MCO6203.3.

         *NDRB note: Applicant denied marijuana use on MEPS pre-service entrance physical examination, SF 93.

Elements of Discharge: [ IN VOLUNTARY]

Discharge Process :                                  NOTIFICATION PROCEDURE
Date Notified :                                        20040211
Basis :                              CONVENIENCE OF THE GOVERNMENT DUE TO
        
Least Favorable Characterization:                         
Commanding Officer’s Intended Recommendation :   
Record Supports Narrative Reason :                         

Date Applicant R esponded to N otification:                 20040211
Rights E lected at N otification :
Consult with Counsel                      
Administrative Board                       NOT APPLICABLE
Obtain Copies                             
Submit Statement(s)                       

Commanding Officer Recommendation (date):        ( 20040211 )      
SJA review (date):                                   NOT REQUIRED
Discharge directed by (date):                       COMMANDING GENERAL, MCB, CPCA ( 20040525 )     
Narrative reason directed :                                  
Characterization directed:                                 
Date Applicant Discharged:                         20040610


Additional Information Considered by Board

 Type of d ocumentation submitted by t he Applicant and considered by the Board
        Document Type                                        #Pages
 Related to Period of Service:
          Service/Medical Record :                              4
         Other Period of Service:                                    0
Related to Post-Service Period:
          Community Service :                                   0
         Education :                                           0
         Employment :                                          0
         Health /Medical :                                       0
         Character Statements:                               0
         Criminal Records Checks:                                    0
         Additional Statements from Applicant:             0
Other Documentation      (Describe Below)                 2

Total Number of Pages:                              6

D escription of Other Documentation: Notary affidavits
     

Applicant’s Issues as Summarized by the Board:
 1. Desire GI Bill to further education.
2. Characterization not warranted by service record.

Issue 1: T he Board determined that which can form the basis of relief for the Applicant or that the Board did not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding .

Decisional Issues:

Issue 2 ( ). When a Marine is involuntarily separated, an honorable characterization of service is appropriate only if the Marine’s service, notwithstanding the basis for separation, is otherwise so meritorious that any other characterization would be clearly inappropriate. A general (under honorable conditions ) characterization is appropriate if the member’s service has been honest and faithful but significant negative aspects of the member’s conduct or performance outweigh positive aspects of the member’s military record. For Marines involuntarily separated, proficiency and conduct marks and lack of disciplinary action for substantiated misconduct are significant but not dispositive in determining characterization of service. In light of the negative aspect s of the Applicant’s performance and conduct described in the recommendation for discharge , t he Board determined that the Applicant’s service was not so meritorious that a characterization as general (under honorable conditions) was clearly inappropriate. The Board also noted evidence in the record indicating that the Applicant may have perpetrated a fraudulent enlistment into the Marine Corps , in violation of Article 83 of the UCMJ . The Applicant, during his MEPS entrance physical examination, denied marijuana use. However, while on active duty, the Applicant admitted to mental health care providers that he had used marijuana in high school. The Board ad vises the Applicant that v iolation of Article 83 is considered a serious offense for which a punitive discharge is authorized if adjudged at a special or general court-martial. Relief is not warranted on this issue.

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

Minority Opinion

 None .


Pertinent Regulation/Law
A. Paragraph 6203, CONVENIENCE OF THE GOVERNMENT , of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 02 Sep 01 until Present .

B. 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 V, Para 502, Propriety and Para 503, Equity .

C. 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 UCM J, Article 83, Fraudulent enlistment , appointment, or separation.




ADDENDUM: Information for the Applicant
Complaint Procedures : 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 . ”

Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the 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. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits: The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Employment / Educational Opportunities : The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.

Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.
Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.” Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - 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 may 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.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed.

Board Membership: 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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