Search Decisions

Decision Text

USMC | DRB | 2007_Marine | MD0701119
Original file (MD0701119.rtf) Auto-classification: Denied
ex-LCPL, USMC
MD07-01119
Current Discharge and Applicant’s Request
Application Received: 20070810        Characterization Received:
Narrative Reason: PERSONALITY DISORDER Authority: MARCORSEPMAN 6203.3      

 Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. Youth and immaturity.
                           2. Medical condition should not preclude an honorable discharge.

Decision

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

Date: 20 08 0117                  Location: Washington D.C.         Representation :

Discussion

 Issue 1 (Equity). The Applicant contends that his problems were attributed to his immaturity. While he may feel that this was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. S eparation under these conditions generally results in characterization of service general ( under honorable conditions ) . The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. 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 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. A v iolation of UCMJ Article 128 is considered a serious offense for which a punitive discharge is authorized if adjudged by a Special or General Courts Martial. An upgrade to honorable would be inappropriate.

Issue 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 misconduct. In fact, the NDRB sees no connection between the Applicant’s overall pattern of misconduct and his medical condition.

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) 20010627 - 20010716                    
Period of Service Under Review:
 Date of Enlistment: 20010717               Years Contracted : ; Extension:            Date of Discharge: 20030926      
Length of Service : 02 Yrs 01 Mths 26 D ys                   Lost Time : Days UA: Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 40          MOS: 3531      Highest Rank: LCPL
Proficiency/Conduct marks (# of occasions):      NOT FOUND IN RECORD
Awards and Decorations ( per DD 214): NDSM, RIFLE SS

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

 2002011 7 :        MARCORSEPMAN 6105 counseling for underage drinking. Discharge warning issued.

20020901:         NJP -- Viol UCMJ Art. 128 and 134 .
         Awarded - FOP ($ 619 ) for ( 2 months); RIR ( E-2 ; Restr for ( 60 days) (suspended for 6 months).

20020904 :        MARCORSEPMAN 6105 counseling for NJP for vi o lation(s) of Article(s) 91, 128, 134. Discharge warning issued.

20030311 :        1/1 BAS: Command referral for suicidal and homicidal ideations.

200303 1 1 :        Me ntal Health Department, Naval Hospital Camp Pendleton.      
         Diagnosis: Depressive disorder, alcohol abuse, personality disorder; borderline antisocial features.      
         Recommendation: Administrative separation.

20030312:        Applicant’s voluntary statement.

20030324 :        MARCORSEPMAN 6105 counseling for un authorized absence. Discharge warning issued.

20030805 :        MARCORSEPMAN 6105 counseling for driving under the influence. Discharge warning issued.

20030807 :        MARCORSEPMAN 6105 counseling for violation(s) of Article(s) 91 and 134. Discharge warning issued.

20030807 :        Division Psychiatrist, 1 st Marine Division.      
         Diagnosis: Depressive disorder/alcohol abuse, personality disorder.      
         Recommendation: Expeditious administrative separation.      


Discharge Process

 Date Notified:   20030326
Basis for Discharge:      DUE TO
        
Least Favorable Characterization:       
Commanding Officer’s Intended Recommendation:   

Date Applicant Responded to Notification:                  20030326
Rights Elected at Notification:
         Consult with Counsel                      
         Obtain Copies of Documents               
         Submit Statement(s) (date)                        
         Administrative Board                      

Commanding Officer Recommendation (date):        ( 20030403 )
SJA review (date):      
Separation Authority (date):     COMMANDING GENERAL, MARINE CORPS BASE, PENDLETON ( 20030905 )
Basis for discharge directed:   DUE TO
Characterization directed:     
Date Applicant Discharged:       20030926      

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 1 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 .

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) 91 and 128.




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

Similar Decisions

  • USMC | DRB | 2008_Marine | MD0800784

    Original file (MD0800784.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. Furthermore, the NDRB notes the Applicant’s previous request for clemency filed on 22 November 2004 does not mention PTSD as the basis for that clemency request. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service and Medical Record Entries, Discharge Process and evidence submitted by the Applicant, t

  • USMC | DRB | 2007_Marine | MD0700510

    Original file (MD0700510.rtf) Auto-classification: Denied

    After a thorough review of the Applicant’s record, issues submitted, and the standards of discipline, the Board determined that some degree of clemency was warranted. Preferred: 19921207Court-martial: 19930317 Findings: Guilty of Article(s) 128, Assault with a means to likely produce grievous bodily harm, 1 specification and 92, Violate a lawful general order, 1 specification Sentence: BCD; Conf for 60 days; RIR to E-1; FOP ($400) for (2 months) CA action: 19930318 NC&PB Action: 19930715...

  • USMC | DRB | 2007_Marine | MD0701082

    Original file (MD0701082.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) 20030108 - 20030120 Active: Period of Service Under Review: Date of Enlistment: 20030121Years Contracted:; Extension: Date of Discharge: 20060908Length of Service: Yrs Mths17 Dys Lost Time: Days UA: Days Confined: Education...

  • USMC | DRB | 2007_Marine | MD0700168

    Original file (MD0700168.rtf) Auto-classification: Denied

    Summary of Service Prior Service: Inactive: USMCR (DEP)20030808 - 20030824 Period of Service Under Review: Date of Enlistment: 20030825Years Contracted:; Extension: Date of Discharge:20041006 Length of Service: 01 Yrs 01Mths11 DysLost Time:Days UA: Days Confined: Education Level: Age at Enlistment:AFQT: 53MOS:5900Highest Rank: Proficiency/Conduct marks (# of occasions): 4.2(1)/4.2(1) Awards and Decorations (per DD 214):NATIONAL DEFENSE SERVICE MEDAL, RIFLE EXPERT BADGE Medical/Service Record...

  • USMC | DRB | 2012_Marine | MD1201358

    Original file (MD1201358.rtf) Auto-classification: Denied

    The NDRB determined that the diagnosis of Personality Disorder, which does not warrant a medical retirement, was proper.The Applicant completed his first enlistment period with an Honorable characterization of his service for that period of service, however, each period of enlistment is an independent obligation, and characterization of service is determined for that specific period. ” Additional Reviews : After a document review has been conducted, former members are eligible for a...

  • USMC | DRB | 2005_Marine | MD0501227

    Original file (MD0501227.rtf) Auto-classification: Denied

    This packet also includes veteran’ statement, Mental Health Outpatient notes and letters from commanding officer of the Department of the Navy and the United States Marine Corp. This letter’s statements on Mr. K_(Applicant)’s personality disorder does not Include his diagnosis of Dysthimic Disorder which was diagnosed at the Mental Health Outpatient clinic at the Naval Hospital at Camp Lejeune, N.C. and does not include the fact that Mr. K_(Applicant) was seeking help as early as October of...

  • USMC | DRB | 2007_Marine | MD0700711

    Original file (MD0700711.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) 19890509–19890521 Period of Service Under Review: Date of Enlistment: 19890522Years Contracted:4; Extension: Date of Discharge: 19920601Length of Service: 03Yrs 00 Mths 03 DysLost Time:Days UA: 7 Days Confined: Education Level:...

  • USMC | DRB | 2007_Marine | MD0700270

    Original file (MD0700270.rtf) Auto-classification: Denied

    Discharge Process Date Notified: 19960313 Basis for Discharge:FAILURE TO CONFORM TO THE MARINE CORPS HEIGHT/WEIGHT STANDARDSUNSATISFACTORY PERFORMANCE DUE TO: UNSATISFACTORY PERFORMANCE OF DUTIES WHILE ASSIGNED TO THE WEIGHT CONTROL PROGRAMLeast Favorable Characterization: Commanding Officer’s Intended Recommendation: Date Applicant Responded to Notification:199603132Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) (NOT FOUND IN...

  • USMC | DRB | 2007_Marine | MD0700993

    Original file (MD0700993.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)19981009 - 19990701 Period of Service Under Review: Date of Enlistment: 19990702 Years Contracted:4; Extension: Date of Discharge: 20020405Length of Service: 02 Yrs 08 Mths 15 DysLost Time:Days UA: Days Confined: Education...

  • USMC | DRB | 2012_Marine | MD1200284

    Original file (MD1200284.rtf) Auto-classification: Denied

    Full relief by changing the Narrative Reason for Separation was not granted, because competent medical authority diagnosed the Applicant with a Personality Disorder.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall but the Narrative Reason for Separation shall remain .The Applicant remains eligible for a personal appearance...