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USMC | DRB | 2007_Marine | MD0700207
Original file (MD0700207.rtf) Auto-classification: Denied
ex-, USMC
MD07-00207
Current Discharge and Applicant’s Request
Application Received: 20061205   Characterization Received:
Narrative Reason: PERSONALITY DISORDER            Authority: MARCORSEPMAN 6203.3

 Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. Reason for my discharge was beyond my control.
                           2. Suffered from PTSD.

Decision

 By a vote of 5-0 the Characterization shall remain GENERAL (UNDER HONORABLE CONDITIONS) .        
By a vote of 5-0 the Narrative Reason shall remain PERSONALITY DISORDER. .

Date: 200709 2 0 Location: Washington D.C. The Board found that

Discussion

Issue 1-2 (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 narrative reason for discharge. The Applicant was seen by competent medical authority on numerous occasions resulting in his diagnosis of personality disorder. When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. A general (under honorable conditions) discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his failure to meet the standards and requirements of his contract for worldwide deployment with the Marine Corps and falls far short of that required for an upgrade of his characterization of service. An upgrade to honorable would be inappropriate.

Summary of Service

Prior Service:
 Inactive: USMCR (DEP)     20030320 - 20040105             
Period of Service Under Review:
 Date of Enlistment: 20040106               Years Contracted :        Date of Discharge: 20060323
Length of Service : 02 Yrs 02 Mths 18 D ys          Lost Time : Days UA: Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 51          MOS: 0341 Highest Rank:
Proficiency/Conduct marks (# of occasions):      4.3 / 4.3  
Awards and Decorations ( per DD 214): COMBAT ACTION RIBBON, AFGHANISTAN CAMPAIGN MEDAL, SEA SERVICE DEPLOYMENT RIBBON, NATIONAL DEFENSE SERVICE MEDAL, GLOBAL WAR ON TERRORISM SERVICE MEDAL, RIFLE EXPERT BADGE (2 ND AWD)

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

 20051116:        Mental Health Services visit. Diagnosed with Adjustment Disorder with depressed mood, chronic. Recommend administrative separation. Manifests a severe inability to adjust to the demands of military life.

20060112:        Mental Health Services visit. Claims being a conscientious objector. Diagnosed with Adjustment Disorder with depressed mood, chronic.
20060228:        Medical Record: Beyond breaking point and considering hurting himself.
         Diagnosis: Adjustment disorder with depressed mood.
         Recommendation: Administrative separation due to unsuitability in accordance with Marine Corps Order P1900.16 par a graph 6203 Sub paragraph 6203.3.

20060301 :        Medical Record: Complaints of depression in September 2005.
         Diagnosis: Adjustment disorder with depressed mood, chronic and personality disorder not otherwise specified . Recommendation: Administrative separation.

20060 606 :        Commanding Officer’s letter to Commanding General substantiating a general (under honorable conditions) discharge. States Applicant’s intentions of not deploying again and the attempts to hinder his next deployment.

Discharge Process

 Date Notified:   20060301
Basis for Discharge:      DUE TO
Least Favorable Characterization:       
Commanding Officer’s Intended Recommendation:   

Date Applicant Responded to Notification:                  20060306
Rights Elected at Notification:
         Consult with Counsel                      
         Obtain Copies of Documents               
         Submit Statement(s) (date)                        

Commanding Officer Recommendation (date):        ( 20060306 )
SJA review (date):       ( 20060309 )
Separation Authority (date):     COMMANDING GENERAL, 3D MARINE DIVISION ( 20060309 )
 Basis for discharge directed:   DUE TO
Characterization directed:     
Date Applicant Discharged:       20060323


Types of Documents Submitted by Applicant and Considered By Board

 Related to Military Service:      Service and/or Medical Record:            Other Records:

Related to Post-Service Period:         
         Employment:                        Finances:                          Education:               
         Health/Medical Records:                   Substance Abuse:                           Criminal Records:       
         Family/Personal Status:                   Community Service:                References:              
        
Additional Statements From Applicant:    From Representative:
Other Documentation (Describe) Detailed information about taking online classes

Pertinent Regulation/Law

 A. Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 02 September 2001 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 to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC 20301-4000. 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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