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USMC | DRB | 2007_Marine | MD0700717
Original file (MD0700717.rtf) Auto-classification: Denied
ex-CPL, USMC
MD07-00717
Current Discharge and Applicant’s Request
Application Received: 20070501   Characterization Received:
Narrative Reason: PERONALITY DISORDER             Authority: MARCORSEPMAN 6203.3

 Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. DD-214 states the Narrative Reason for Separation was Personality Disorder though the Applicant
                           was diagnosed with PTSD and other mental disorders.
 2. Since VA found service connection to PTSD, the Applicant should not be penalized for having
PTSD.

Decision

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

Date: 20 071204             Location: Washington D.C.         Representation :

Discussion

 Issue 1: ( ). The Applicant contends that her DD-214 states the Narrative Reason for Separation was Personality Disorder though the Applicant w as diagnosed with Post Traumatic Stress Disorder (PTSD) and other mental disorders. The government enjoys a presumption of regularity in the conduct of its affairs. The record reflects that competent medical authority, on two occasions, recommended expeditious administrative separation of the Applicant due to Personality Disorder.

Issue 2: ( ). The Applicant contends that since the VA found a service connection to PTSD, and is providing the Applicant 100% disability, that the Applicant should not be penalized for having PTSD. The NDRB determined that the Applicant had other mental issues prior to the circumstances in July of 2004 that led to a diagnosis of PTSD. Further, competent medical authority stated on 20040714 that the Applicant was responsible for her behavior. The board considered the Applicant’s entire service record to determin e the equitability of the discharge . 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 the award of one nonjudicial punishment (NJP) for violation of the Uniform Code of Military Justice (UCMJ) Article 92 (Failure to obey a regulation or order) and Article 134 (Unlawful entry). Violation of UCMJ Article s 92 and 134 are considered serious offenses 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 th at











Summary of Service

Prior Service:
 Inactive: USMCR (DEP)     20010115 - 20020224             
Period of Service Under Review:
 Date of Enlistment: 20020225               Years Contracted : ; Extension:   Date of Discharge: 20050202
Length of Service : 2 Yrs 11 Mths 8 D ys    Lost Time : Days UA: Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 57          MOS: 0627 Highest Rank:
Proficiency/Conduct marks (# of occasions):      NOT FOUND IN RECORD       Fitness reports :
Awards and Decorations ( per DD 214): GLOBAL WAR ON TERRORISM, SEA SERVICE DEPLOYMENT RIBBON, NATIONAL DEFENSE SERVICE MEDAL, MERITORIOUS MAST, RIFLE MARKSMAN BADGE.

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

 20030718 :        NJP -- Viol UCMJ Art . 92 – Failure to obey an order or regulation (Found in the room of a male Marine) .
         Viol UCMJ Art 92. – Failure to obey and order or regulation (Found in the room of a Marine on restriction)
         Viol UCMJ Art 134 – Unlawful Entry. (Entered BEQ room without permission ).
         Awarded - FOP ( $400.00 amount) for ( 2 months); RIR ( E-2 ); Restr for ( 60 days) Reduction suspended for 6 months .

20030923:        Applicant not recommended for promotion to Corporal for the months of August through December 2003 because of the NJP on 20030718

20040714 :        MARCORSEPMAN 6105 counseling for interpersonal relationships with other Marines because of her mental state . SNM ofte n perceives innocent actions from male Marines as threats, but command investigations have shown these threats to be unsubstantiated.

20040714:        Medical Record: Reason for visit: Increased stress, anxiety and depression for past 1-2 months.
         Diagnosis: Two triggering events: Fiancé broke off the engagement one week ago, while in formation her gunny brushed up against her abdomen/chest. SNM took this as an improper touch and it triggered memories of sexual issues/problems she had as a child (she refused to discuss those issues).
         Recommendation: Patient seeks counseling to deal with unresolved issues from childhood.

20040714:        Ltr from CO, Naval Hospital to CO, 8 th COMM Bn. Marine suffers from a personality disorder that is so severe that the Marine’s ability to function effectively in the military is significantly impaired. The member is not mentally ill and is responsible for her behavior.
20040820:        Medical evaluation by a military psychiatrist concluded that the Applicant’s presentation was consistent with a maladaptive personality characterized by the following: a history of unstable and intense interpersonal relationships; recurrent suicidal behavior and self mutilating behavior; affective instability d u e to a marked reactivity of affect; inappropriate , intense anger and difficulty controlling anger; stress-related paranoid ideation; reluctance to become involved with people unless certain of being liked; being sullen and argumentative ; alternation between hostile and defiance and contrition; usual mood dominated by rejection and gloominess; brooding and given to worry. Throughout the interview, the patient presented as being frightened and anxious, suggestive of an Anxiety Disorder with traits analogous to Posttraumatic Stress Disorder. The patient reported relational problems with her boyfriend/fiancé. The patient also presented with a history consistent with a Depressive Mood Disorder. However, given the patient’s endorsement of symptoms consistent with mania or hypomania, and the suggestion that her mother suicided while hospitalized for what may have been Schizoaffective Disorder, the possibility of a serious mood disorder should be considered.

         AXIS I: Rule –out Major Depressive Disorder, recurrent, moderate.
                  Rule-out Mood disorder not otherwise specified
                  Partner relationship problem
         AXIS II: Personality Disorder, not otherwise specified

         AXIS III: Noncontributory
         AXIS IV: Routine Military Service. Conflicts with chain of Command. Problems with boyfriend/Fiancé
         AXIS V: Global Assessment of functioning: 41-45.

20041026:        By direction of Naval Hospital, Applicant being processed for a Physical Evaluation Board.
20041103:        Medical Record: During Separation Physical, Applicant admitted to being hospitalized at age 16 for depression; admitted to trouble sleeping in past 6 months; admitted to mental health issues before and during enlistment, admitted to depression and worry for past 6 months; admitted to attempting suicide at age 16 .

20041206:        Applicant hospitalized 20041123-20041206 in psychiatric unit.

20050107:        Ltr from CO, Naval Hospital to CO, 8 th COMM Bn. Recommendation for Expeditious Administrative Separation. Applicant’s diagnoses are : PTSD; Bipolar Disorder NOS (by history); Borderline Personality Disorder.


Discharge Process

 Date Notified:   20050113
Basis for Discharge:      DUE TO:
        
Least Favorable Characterization:       
Commanding Officer’s Intended Recommendation:   

Date Applicant Responded to Notification:                  20050126
Rights Elected at Notification:
         Consult with Counsel                      
         Obtain Copies of Documents               
         Submit Statement(s) (date)                        
         Administrative Board                      

Commanding Officer Recommendation (date):        ( 20050113 )
SJA review (date):       NOT FOUND IN REOCRD
Separation Authority (date):     CG, II MEF ( 20050131 )
Basis for discharge directed:   DUE TO:
Characterization directed:     
Date Applicant Discharged:       20050202

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) Diagnosis from Medical Doctor




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 134 .


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, 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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