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USMC | DRB | 2006_Marine | MD0601130
Original file (MD0601130.rtf) Auto-classification: Denied

ex-PFC, USMC
MD06-01130

 Current Discharge and Applicant’s Request :

Application Received:                               20 060825
Characterization of Service:                      
Narrative Reason for Separation:                          
Discharge Authority :                                MARCORSEPMAN PAR 6203.3
Last Duty Assignment/ Command at Discharge:       MARCORDET, USAOC&S, APG, MD

Applicant’s Request:    
         Characterization change to:              
         Narrative Reason change to:              
         Review Requested:                         
Representation:                                              COUNTY VETERAN’S AFFAIRS REP


Decision:

 Date of Decision:                                            200707 19
Location of Board:                                  Washington D.C.
Complete Service Record:                                    YES
Complete Medical Record:                           YES
Complete Discharge Package:                        YES

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

By a vote of 5 - 0 the Characterization shall change to UNCHARACTERIZED   
By a vote of 5-0 the Narrative Reason shall remain PERSONALITY DISORDER


Applicant’s Issues, as summarized by the Board:
 1. Change reenlistment code.
2. Characterization of service is inequitable.
 3. Narrative Reason is unfounded and inequitabl e .

Summary of Service:

Prior Service:
 Inactive: USMCR (DEP)                               20050331-20050411

Period of Service Under Review:
 Date of Enlistment:                                 20050412      
Years Contracted :                                   ; Extension:
Date of Discharge:                                  20051028
Length of Service
         Active:                                      06 M OS 17 D AYS (Does not exclude lost time)
Time Lost During This Period:                      0        

Education Level:                                   
Age at this Enlistment:                                    
AFQT:                                                 88
MOS:                                                  2100
Highest Rank:                                       

Proficiency/Conduct marks (# of occasions):               4.4 (1) / 4.5 (1)

Awards and Decorations (as listed on the DD Form 214):   NATIONAL DEFENSE SERVICE MEDAL, RIFLE MARKSMANSHIP BADGE



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

 20050830:        Troop Medical Clinic AB :
         Impression: Possible early depressive issues related to physical condition (chronic foot pain) and M arine training.
         Plan: Referral Behavioral Health.
20050908:        Counseled for sleeping in class and making disrespectful comments about the Marine Corps. [Extracted from CO’s Command Non-Medical Assessment letter]

 20050912:        Counseled for disrespect towards an NCO. [Extracted from CO’s Command Non-Medical Assessment letter]

 20050913 :        WRAMC Report of Behavioral Health Evaluation:
         Diagnosis:
         AXIS I: Major Depressive Disorder, Recurrent .
         AXIS II: Dependent Personality Disorder .
         AXIS III: Leg Pain .
         Recommendation: Follow up appointment at Department of Behavioral Health for Medication Management and Therapy. Service member is considered potentially dangerous. Recommend an order against alcohol. Considered for modified duty . Meets psychiatric criteria for expeditious administrative separation IAW Chapter 5.17, AR 635-200. The service member does have a severe mental disorder and is not suitable for continued service. He has a pre-existing Depressive Disorder which required hospitalization for two serious suicide attempts prior to EAD. Although not currently at imminent risk for suicide, due to these lifelong patterns of maladaptive responses to routine stress, the Service member may become potentially dangerous to self in the future. Reassignment to administrative duties without access to firearms over the next 30 days pending further assessment and counseling.
          REMARKS: The Applicant had been on numerous psychotropic medications throughout his adolexent years, but medication given to him by his mother (Nurse Practitioner) and never actually seen a psychiatrist. He believed that all of his medical history was in his medical records which were maintained by his mother and may not have been available during his entrance physical at MEPS. Never formally diagnosed, he suffered from a significant level of depression prior to joining the Marines. This long standing (10 years) mood disorder is having a deleterious effect on both his academic and military performance. Request Administrative Separation be considered.

20050914:        Command Referral for Mental Health Evaluation.
          Command Referral for Mental H ealth Evaluation letter to Applicant outlining rights.

20050928:        Command Non-Medical Assessment letter on Applicant showing specific examples of how the Applicant is able to function in the United States Marine Corps.


Elements of Discharge: [ IN VOLUNTARY]

Date Notified:                                       200510 0 6
Basis for Discharge:                               

Least Favorable Characterization:                         
Commanding Officer’s Intended Recommendation:   
Record Supports Narrative Reason:                         

Date Applicant Responded to Notification:                 20051006
Rights Elected at Notification:
Consult with Counsel                               
Obtain Copies                                      
Submit Statement(s) (date)                                 
Administrative Board                               

Commanding Officer Recommendation (date):        (UNDER HONORABLE CONDITIONS) ( 20051006 )
SJA review (date):                                  SUFFICIENT IN LAW AND FACT (20051014)
Separation Authority (date):               COMMANDING GENERAL , TRAINING COMMEND, QUANTICO ( 20051025 )
 Narrative Reason directed:                                 
Characterization directed:                                 
Date Applicant Discharged:                         20051028


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 Under Review :
         Service/Medical Record :                              3 3 /49      
         Other Period of Service:                                         
Related to Post-Service Period:
          Community Service :                                        
         Education :                                           2      
         Employment :                                               
         Health /Medical :                                       3      
         Character Statements:                                    
         Criminal Records Checks:                                         
         Additional Statements from Applicant:             1      
Other Documentation (Describe Below)                      2      

Total Number of Pages:                              90      

D escription of Other Documentation:
        Letter from G_ O_, Director Bradford County Courthouse Veteran Affairs, dtd April 13, 2006, Letter from J_ C_, New York State Department of Labor, dtd April 10, 2006,      
        


Applicant’s Issues, as summarized by the Board:
 1. Change reenlistment code.
2. Characterization of service is inequitable.
3. Narrative Reason is unfounded and inequitable.

Issue 1 . The Board determined that this Issue is not an issue which can form the basis for 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 this issue.

Decisional Issues:
 The Board accepted Issues 2-3 for consideration.

Issue (2). A general (under honorable conditions) discharge is the second highest quality of characterization and 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. The NDRB did not note any significant documented negative aspects of the Applicant’s service. By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. Unless there were unusual circumstances regarding a servicemember’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service. The Applicant's service record did not contain any unusual circumstances during his less than 6 months in the military to warrant a change of discharge to honorable. The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge. Relief denied but the characterization of the discharge shall change to uncharacterized.

Issue 3 (Equity). 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, the implied incorrect diagnosis, nor the medical treatment given to the Applicant to be of sufficient nature to exculpate the Applicant’s conduct. The Applicant was seen by competent medical authority on multiple occasions resulting in his diagnosis of personality disorder. Separation is authorized if, due to a personality disorder, the Marine’s ability to function effectively in the military environment is significantly impaired. A change in the narrative reason for separation would be inappropriate. Relief denied.

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 0 1 Sep tember 20 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.


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.

Employmen t / 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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