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USMC | DRB | 2009_Marine | MD0902462
Original file (MD0902462.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20090908
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MARCORSEPMAN

Applicant’s Request:      Characterization change to:
         Narrative Reason change to:

Summary of Service

Prior Service:
Inactive:         USMCR (DEP)       19990715 - 19991019     Active:  

Period of Service Under Review:
Date of Current Enlistment: 19991020     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20000719      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 00 D a y ( s )
Education Level:        AFQT: 38
MOS: 9971
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle

Periods of UA / CONF :     NJP:     SCM:     SPCM:    CC:

Retention Warning Counseling :

- 20000531 :       For having been diagnosed with personality disorder that hinders your ability to train.

Types of Documents Submitted/reviewed

 Related to Military Service:
                  DD 214:            Service / Medical Record:            Other Records:   

Related to Post-Service Period:  
         Employment:               Finances:                 Education /Training :     
         Health/Medical Records:           Substance Abuse:                  Criminal Records:       
         Family/Personal Status:                   Community Service:                References:     
         Additional Statements :
                   From Applicant:            From Representat ion :               From Congress member :    

         Other Documentation :     

Pertinent Regulation/Law

 A. Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 August 1995 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 .

DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

 1.       Non - decisional issues : The Applicant seeks a n unspecified change to his narrative reason for separation in order to re-enlist in the U.S. Army.
2.       Decisional issues : (Propriety ) The Applicant contends that he does not suffer from a personality disorder; as such, the narrative reason for separation on his DD-214 is incorrect and warrants change.

Decision

Date: 20 10 0917            Location: Washington D.C .         R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall .
Discussion

 The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge , if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of g overnment al a ffairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Applicant identif ied one decisional issue for the Board to consider . T he Board complete d a thorough review of the circumstances that led to the Applicant’s discharge , and the discharge process , to ensure the discharge met the pertinent standards of equity and propriety. The Applicant’s record of service included one 6105 retention- counseling warning and no administrative or judicial punishments for violation s of the Uniform C ode of Military Justice. The Applicant ’ s enlistment process included a Recruiting District Commander’s waiver for drug use without criminal involvement for 104 uses of Marijuana. Furthermore, the Applicant ’ s Entry Physical Exam Evaluation and his Chronological History of Medical Treatment reveal no psychological or psychiatric treatment or counseling before entry into the Armed Forces.

Based upon the Mental Health Care provider ’ s diagnosis , and his accompanying recommendation that the Applicant represented a risk for self-harm or dangerous, manipulative acting out behavior if maintained on active service, the Applicant was processed for separation. When notified of a dministrative separation processing using the notification procedure, the Applicant waived his right to consult with a qualified counsel and to submit written matters to the Separation Authority. The Applicant’s administrative separation package is contained in his service record and was reviewed to ensure all legal rights were afforded to the Applicant.

The Applicant provided documentation that included letters of personal recommendation, letters of recommendation from his employer attesting to his conduct and work ethic, and a current (Jan 2008) evaluation from a licensed Professional Counselor from Re-Focus for Life. Additionally, the Applicant provided a personal written statement to the Board. The Applicant should be aware completion of these items alone does not guarantee an upgrade from an unfavorable discharge ; each discharge is reviewed by the Board , on a case-by-case basis , to determine if post-service conduct provide s a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.

: (Nondecisional) - The Applicant seeks an unspecified change to his narrative reason for separation in order to re-enlist in the U.S. Army. Th e Board cannot form a basis of relief for this issue; t he NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other branch of the Armed Forces . Th e NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities and is not authorized to change the discharge reenlistment code. The Applicant is advised that a n unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver may be submitted through a recruiter when formally applying for reenlistment . Only the Board for Correction of Naval Records can make changes to reenlistment codes. The Applicant is directed to the Addendum of this document; specifically , the paragraphs concerning s.

: (Decisional) ( ) . The Applicant contends that he does not suffer from a personality disorder; as such, the narrative reason for separation on his DD-214 is incorrect and warrants change. Based on the recommendation of a Credentialed Mental Health Care provider, the Applicant’s Command administratively processed him for separation. The basis for separation was Convenience of the Government – Personality Disorder, Board W aived. Th e basis for separation is a Diagnostic and Statistical Manual of Mental Disorders-IV (DSM-IV) diagnosis as follows:

Axis I – Adjustment Disorder, Occupational Problem
Axis II – Personality Disorder, not otherwise specified (ICD Code 301.9), with:
Dependant Traits (ICD Code 301.82); and
Avoidant Traits (ICD Code 301.6)
Axis III – Deferred
Axis IV - Deferred
The A pplicant’s medical record, coupled with his own statements about suicidal ideations, suicidal intent, demands for separation from service, and an inability to deal with personal issues is well documented. Though the Applicant has a professional licensed counselor recommendation that he is not currently (Jan 2008) displaying symptoms of a P ersonality Disorder as identified in the DSM-IV, it does not overcome the diagnosis made at the time of service (May 2000) . The Applicant is advised that the DD-214 ( Certificate of Release or Discharge from the Armed Forces ) is a characterization of the period of service annotated on the document along with a narrative descriptor of why the applicant was separated at that time. As such, the narrative reason for separation from military service at the time issued was, and is still, valid. By a vote of 5-0, t he Board determined a change in narrative reason for separation would be inappropriate ; the narrative reason for discharge shall remain as stated : Personality Disorder ( per MARCORSEPMAN , para 6203.3).

Summary: After a thorough review of the available evidence, to include the Applicant’s post-service documentation, summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .
The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. The Applicant is directed to the Addendum, specifically the paragraphs titled Additional Reviews, Reenlistment/RE-code s ,and Post-Service Conduct .


ADDENDUM: Information for the Applicant

 Complaint Procedures : If you believe 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 : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s 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. There are veterans organizations such as the American Legion and the Disable d American Veterans that are willing to provide guidance to former service members in their efforts to obtain a discharge upgrade. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted their 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 U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB. 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 NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the NDRB’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 BCNR can make changes to reenlistment codes. Additionally, the NDRB 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 is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct or for any basis wherein an Other Than Honorable discharge is authorized, 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 other medical related reasons. Only the BCNR can grant this type of narrative reason change.

 Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct subsequent to leaving naval service.

Post-Service Conduct : The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. Outstanding post-service conduct, 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, is considered during Board reviews. Documentation to support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificates (if applicable); character witness statements; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card companies, or other financial institutions; attendance at or completion of higher education (official transcripts); and documentation of a drug-free lifestyle. The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate in-service misconduct was an aberration and not indicative of the member’s overall character.

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 special 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. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

Board Membership: The names and votes of the members of the NDRB 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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