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USMC | DRB | 2006_Marine | MD0601224
Original file (MD0601224.rtf) Auto-classification: Denied
ex-LCPL, USMC
MD06-01224
Current Discharge and Applicant’s Request:

 Application Received:                               20 060907
         Characterization of Service:             
         Basis for Discharge :                      
         Discharge Authority :                       MARCORSEPMAN 6203.3
         Duty Assignment/ Command at Discharge:    8THENGRSPTBN 2DFSSG CLNC 28542

Applicant’s Request:
          Characterization change to:              
         Narrative Reason change to:              
         Review Requested:                         
         Representation:                                    
         Issues (as summarized by NDRB):          
1. Employment opportunities.
2. Veteran’s Administration benefits.
3. Wrongly diagnosed with a personality disorder.                 

Decision:

 By a vote of the Characterization shall GENERAL (UNDER HONORABLE CONDITIONS)
By a vote of the Narrative Reason shall change to SECRETARIAL AUTHORITY.

Date of Decision:                                            200708 30
Location of Board:                                  Washington D.C.
Complete Service Record:                                    YES
Complete Medical Record:                           NO
Complete Discharge Package:                        NO
Regarding propriety, the Board found the discharge:      IM PROPER
Regarding equity, the Board found the discharge:         EQUITABLE

Issue s 1 -2 : The Board determined that th ese I ssue s are not i ssue s 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 th ese issue s .

Issue 3 (/Propriety / Equity) The Board reviews the propriety and equity of an Applicant’s discharge individually, on a case-by-case basis. If such a review reveals an impropriety or inequity, relief is in order. Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of discipline of the Naval service. 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. The NDRB reviewed all of the available records, supporting documents, facts, elements of discharge, evidence submitted by the Applicant, and circumstances unique to this case. A particular circumstance of interest was the inconclusive and ambiguous medical counseling entry made on 19981221. Additionally, the record did not contain or show proof that the Commanding Officer’s mandatory letter had been completed showing proper documentation of a personality disorder. The NDRB noted that there were improprieties in the Applicant’s discharge action, is convinced that this procedural error was prejudicial to the Applicant, and therefore an i mpropriety in the narrative reason did occur.

In cases where no other reason for separation set forth in the Naval Military Personnel Manual or Marine Corps Separation and Retirement manual is appropriate, but where separation of a member is considered to be in the best interest of the service, the Secretary of the Navy has the authority to direct the separation of any member prior to the expiration of their term of service. T here is no other narrative reason for separation which accurately describes the reason the Applicant was separated. Therefore, the NDRB determined that the reason for the Applicant’s discharge shall change to Secretarial Authority.
The Applicant should be aware that, with respect to non - service-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, a general (under honorable conditions) discharge is considered the equivalent of an honorable discharge.


Summary of Service:

Prior Service:
 Inactive: USMCR (DEP)                               19961003 - 19961020
Active:                                           

Period of Service Under Review:
 Date of Enlistment:                                 19961021
Years Contracted :                                   ; Extension:
Date of Discharge:                                  19990224
Length of Service
          Active:                                      2 Yrs 4 Mths 4 D ys (does not exclude lost time)
         Time Lost During This Period:             0
Days UA:                                   
Days Confinement:                         
        
Education Level:                                    16
Age at this Enlistment:                                    
AFQT:                                                 35
MOS:                                                  1371
Highest Rank:                                       
Proficiency/Conduct marks (# of occasions):               4.5 ( 6 ) / 4.5 ( 6 )

Awards and Decorations (as listed on the DD Form 214): SEA SERVICE DEPLOYMENT RIBBON


Service Record Entries Related to Characterization of Service or Basis for Discharge

 19970911 :        NJP for violation(s) of UCMJ:
         Article 128: Assault on LCpl S_, by pushing him and then hitting him in the face three times .
         Award: Forfeiture of $ 224 .00 for 1 month, restriction and extra duty for 14 days.
         Not appealed.
19980106:        Counseling: Advised of deficiencies in performance and conduct . Specifically, for your lack of judgment and substandard conduct. N ecessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
19980129:        Counseling: Advised of deficiencies in performance and conduct . Domestic Violence involvement on 19980722. N ecessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.




Medical Record Entries Related to Characterization of Service or Basis for Discharge

 1998122 1 :        Mental Health Services, N aval Hospital, Camp Lejeune, NC .
         Diagnosis:
         AXIS I: Major depression disorder, single episode, moderate to severe .
         AXIS II: Rule-out personality disorder, not otherwise specified, with cluster b traits .
         AXIS III: N ephrolithiasis .
         AXIS IV: Current psychosocial stressors are severe (routine military service, financial difficulties, marital difficulties, new baby on the way .
         AXIS V: Current global assessment of functioning is 65. Highest global assessment of functioning in the past year: 85 .
         Recommendation: The patient is fit though unsuitable for continued military service. Therefore, is most likely that a recommendation for Administrative Separation will be made, once it is determined that the patient indeed, possess a Personality Disorder as is likely [Extracted from Supporting Medical Documents] .

19981228:        Mental Health Services, Naval Hospital, Camp Lejeune, NC.
         Patient wishes to proceed with administrative separation rather than Medical Evaluation Board.
[Extracted from Supporting Medical Documents].

Elements of Discharge: [INVOLUNTARY]

 Date Notified:                                      
Basis for Discharge:                               
Least Favorable Characterization:                         
Commanding Officer’s Intended Recommendation:   

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

Commanding Officer Recommendation (date):        (19980212)
SJA review (date):                                 
Separation Authority (date):     COMMANDING GENERAL, 2D FORCE SERVICE SUPPORT GROUP ( 19990212 )
 Basis for discharge directed:             DUE TO PERSONALITY DISORDER
         Characterization directed:                        
Date Applicant Discharged:                         19990224





Additional Documents Submitted by Applicant and Considered By Board

 Total Number of Pages:                               16

Related to Period of Service Under Review:
          From Service and/or Medical Record:               Other Records:  

Related to Other Period(s) of Service:
          From Service and/or Medical Record:               Other Records:  

Related to Post-Service Period:
          Employment:                                          Finances:       
         Health/Medical Records:                             Substance Abuse:        
         Family/Personal Status:                             Education:      
        Community Service Efforts:                         References:     
         Criminal Records:                         

Other:
          Additional Statements From Applicant:             From Representative:    
        Other Documentation (Describe)                 



Pertinent Regulation/Law

 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 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 UCMJ, Article 128, Assault .      



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, provi ded 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 grante d 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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