Search Decisions

Decision Text

USMC | DRB | 2007_Marine | MD0700294
Original file (MD0700294.rtf) Auto-classification: Denied
ex-, USMC
MD07-00294
Current Discharge and Applicant’s Request
Application Received: 20061228   Characterization Received:
Narrative Reason: PERSONALITY DISORDER            Authority: MARCORSEPMAN 6203.3

 Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. VA Benefits
                           2. Improper discharge based on no Personality Disorder

Decision

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

Date: 20 071004                                             Location: Washington D.C.

Discussion

 Issue1 : either which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding .

Issue 2: ( ). 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. Further, competent medical authority stated that the Applicant was not medically ill and was responsible for his behavior. 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 service was marred by three retention warning and t wo nonjudici al punishments (NJP), Article 91 (Insubordinate conduct toward NCO), Article 92 (Failure to obey and order or regulation), Article 108 (Damage military property), and Article 115 (Malingering) . Violation of UCMJ Article s 92 and 115 is considered serious offense s for which a punitive discharge is authorized if adjudged by a Special or General Courts Martial. An upgrade to honorable would be inappropriate.

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, Medical and Service Record Entries , Discharge Process and evidence submitted by the Applicant, t he Board found that

Summary of Service

 Prior Service:
 Inactive: USMCR (DEP)     19991019 - 20000613              Active:         
Period of Service Under Review:
 Date of Enlistment: 20000614               Years Contracted : ; Extension:          Date of Discharge: 20031021
Length of Service : 03 Yrs 04 Mths 07 D ys          Lost Time : Days UA: Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 68          MOS: 1161 Highest Rank:
Proficiency/Conduct marks (# of occasions):      4.4 ( 7 ) / 4.1 ( 7 )     Fitness reports :
Awards and Decorations ( per DD 214): NATIONAL DEFENSE SERVICE MEDAL, SEA SERVICE DEPLOYMENT RIBBON, RIFLE QUALIFICATION BADGE (MARKSMAN)

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

 20010723:        MARCORSEPMAN 6105 counseling for your recent alcohol related incident. At 2230 on 20010720 you were approached by GDO at Camp Hansen, Okinawa, Japan for being under the influence of alcohol after verifying your I. D. you were under the legal age to consume alcohol this is in direct violation of MARCORBASEJAPAN ORDER 1600.1B since you had consumed alcohol under the age of 21.

20020909:        MARCORSEPMAN 6105 counseling for violation of Article 92, failure to obey an order or regulation, by traveling beyond the Labor Day holiday limits without an out of bounds chit.

20020913:        Medical Record: Hospitalized for suicide statement.

20021202:        NJP -- Viol UCMJ Art. 91 – (3 specs), Insubordinate conduct toward Warrant Officer, NCO, or Petty Officer; viol UCMJ Art. 108 – Damage military property.
         Awarded - FOP ($619.00) for (1 month); RIR (E-2); 30 days CCU suspended for 3 months.

20021209:        Medical Record: Follow-up: Alcohol Abuse-passive/aggressive personality traits.

200 3 0213:        Medical Record: Mild suicide gesture with motrin.

20030215:        MARCORSEPMAN 6105 counseling for diagnosis of a severe personality disorder.
20030221:        Medical Record: Reason for visit: Follow-up. Remains on suicide watch in duty hut. Denies any suicidal/homicidal ideation since discharge from the ward. Appetite normal; sleeping well. He is hopeful that administrative separation will go through. Denies any further disciplinary problems.
         Diagnosis: Alcohol Abuse, Personality Disorder NOS, with passive/aggressive features.
         Recommendation: It is strongly recommended that member be administratively separated from the USMC. From a mental health standpoint, it is recommended that the suicide watch could safely be discontinued . Patient may return to clinic for supportive follow-up while pending administrative separation.

20030311:        NJP -- Viol UCMJ Art. 115 – Malingering, did take approximately (14) 800 mg Ibuprofen tablets so that he would not deploy with his unit.
         Awarded - FOP ( 1/2 pay ) for ( 2 months); RIR ( E-1 ); Restr for ( 45 days); Extra duties ( 45 days).

20030414:        CO, Naval Hospital Camp Lejeune: Applicant not medically ill and is responsible for his behavior…long standing disorder of character and behavior which is of such severity as to interferer with his ability to function effectively in the military environment. Strongly recommend the 6105 entry be waived and the member be expeditiously process for an administrative discharge in accordance the MARCORPSEPMAN 6203.3 by reason of unsuitability.

Discharge Process

 Date Notified:   20030718
Basis for Discharge:      DUE TO:
        
Least Favorable Characterization:       
Commanding Officer’s Intended Recommendation:   

Date Applicant Responded to Notification:                  20030718
Rights Elected at Notification:
         Consult with Counsel                      
         Obtain Copies of Documents               
         Submit Statement(s) (date)                        
         Administrative Board                      

Commanding Officer Recommendation (date):        ( 20030721 )
SJA review (date):       ( 20031007 )
Separation Authority (date):     COMMANDING GENERAL, 2D MARINE AIRCRAFT WING ( 20031007 )
Basis for discharge directed:   DUE TO:
Characterization directed:     
Date Applicant Discharged:       200310 21

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)

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 UCMJ, Article s 92 and 115.


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

Similar Decisions

  • USMC | DRB | 2007_Marine | MD0700717

    Original file (MD0700717.rtf) Auto-classification: Denied

    The Applicant contends that her DD-214 states the Narrative Reason for Separation was Personality Disorder though the Applicant was diagnosed withPost Traumatic Stress Disorder (PTSD) and other mental disorders. Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge 20030718: NJP -- Viol UCMJ Art. Marine suffers from a personality disorder that is so severe that the Marine’s ability to function effectively in the military is significantly impaired.

  • USMC | DRB | 2007_Marine | MD0700770

    Original file (MD0700770.rtf) Auto-classification: Denied

    Diagnosis: Recommendation:20060130: Medical Record: Reason for visit: Discharge physical. ” 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. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.

  • USMC | DRB | 2007_Marine | MD0700192

    Original file (MD0700192.rtf) Auto-classification: Denied

    Applicant claims his medical issues contributed to his misconduct and adverse discharge. (2) Wrongfully possess some amount of marijuana Article 112a: Wrongfully use marijuana.Date Applicant Submitted SILT request: 20051109 Consulted with or Waived Counsel: Acknowledged Understanding Elements: Acknowledged Guilt to: Article(s) 86 and 112a BCD/DD authorized for offense(s) Acknowledged Consequences of OTH: Type of Characterization Requested: Commanding Officer Recommendation...

  • USMC | DRB | 2007_Marine | MD0701119

    Original file (MD0701119.rtf) Auto-classification: Denied

    The Applicant’s conduct during the current period of service, which forms the primary basis for determining the character of his service was marred by the award of five discharge warnings and one nonjudicial punishment (NJP) for violation(s) of the Uniform Code of Military Justice (UCMJ), Articles 128 and 134. 20030326 Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) Administrative Board Commanding Officer Recommendation...

  • USMC | DRB | 2007_Marine | MD0700714

    Original file (MD0700714.rtf) Auto-classification: Denied

    By a vote of the Narrative Reason shall MISCONDUCT Date: 20071205Location:Washington D.C.Representation: Discussion Issue 1: either which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. 20031201 Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) Administrative Board Commanding Officer Recommendation (date): (20040104) SJA...

  • USMC | DRB | 2007_Marine | MD0701163

    Original file (MD0701163.rtf) Auto-classification: Denied

    The Applicant’s service was marred by two retention warnings and the award of nonjudicial punishment (NJP) on one occasion for a violation of the Uniform Code of Military Justice (UCMJ) Article 123a (Insufficient funds). After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that Summary of ServicePrior Service: Inactive: USMCR...

  • USMC | DRB | 2007_Marine | MD0700900

    Original file (MD0700900.rtf) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that Summary of ServicePrior Service: Inactive: USMCR (DEP)20010709 - 20020623 Period of Service Under Review: Date of Enlistment: 20020624Years Contracted:4; Extension: Date of Discharge: 20040803Length of Service: 02 Yrs 01 Mths 10 DysLost Time:Days UA: Days Confined: Education Level:...

  • USMC | DRB | 2007_Marine | MD0700542

    Original file (MD0700542.rtf) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that Summary of Service Prior Service: Inactive: USMCR (DEP) 19960826 - 19960908 Period of Service Under Review: Date of Enlistment: 19960909Years Contracted:4; Extension: Date of Discharge:19991223Length of Service: 03 Yrs 03 Mths 14 DysLost Time:Days UA: 2Days Confined: 16Education...

  • USMC | DRB | 2007_Marine | MD0700455

    Original file (MD0700455.rtf) Auto-classification: Denied

    Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge 20010702: Applicant counseled concerning an alcohol-related incident specifically getting drunk and going into an unauthorized absence status. Applicant chose not to make a statement.20031016: Medical Record: Reason for visit: Facial Injury due to fight/altercation: Diagnosis: Recommendation:20031201: MARCORSEPMAN 6105 counseling for pattern of misconduct, violation of Articles 86, 92,121, and 134. ...

  • USMC | DRB | 2007_Marine | MD0700516

    Original file (MD0700516.rtf) Auto-classification: Denied

    Absent any documentation provided by the Applicant for the Board to consider, the Board determined that the Applicant’s service record did notmitigate the misconduct that resulted in the characterization of discharge.An upgrade would be inappropriate.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...