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USMC | DRB | 2010_Marine | MD1001148
Original file (MD1001148.rtf) Auto-classification: Denied

XXX-XX-5932, ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20100407
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)       20040429 - 20040718     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20040719     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20070625      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 07 D a y ( s )
Education Level:        AFQT: 32
MOS: 3531
Proficiency/Conduct M arks (# of occasions): /          Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle , , ,

Periods of UA / CONF :

NJP:

- 20061116 :      Article (Failure to obey a lawful order or regulation of a Noncommissioned Officer)
         Awarded: Suspended:

SCM:     SPCM:    CC:

Retention Warning Counseling :

- 20060120 :       For financial irresponsibility , specifically, failure to maintain sufficient funds in bank account to pay just debt owed and borrowing money from other Marines in the work section and lack of maturity in handling your financial responsibilities. Advised that failure to take corrective action and any further violations of the UCMJ may result in judicial or adverse administrative action, including but not limited to administrative separation.

- 20060406 :       For loss of bearing after being counseled by your SNCOIC (GySgt) and returning to your work section and digging in your arm with a rifle cleaning rod with the intent to injure yourself. Counseled on actions and suicidal ideation/gesture and Article 115 (Malingering). Advised that failure to take corrective action and any further violations of the UCMJ may result in judicial or adverse administrative action, including but not limited to administrative separation.







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:           Rehabilitation/Treatment:                  Criminal Records:       
         Personal Documentation :           Community Service:                References:     
         Department of VA letter:                  Oth er Documentation:    
                  Additional Statements :
         From Applicant:            From /To Representation:            From /To Congress m ember :        

Pertinent Regulation/Law

A. Paragraph 6203.3 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 92.


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

Applicant’s Issues

 1.       Nondecisional issues: The Applicant seeks a change in his reentry code to aid in effecting reenlistment.

2.       Decisional issues: The Applicant contends that he warrants a change in the characterization of his service at discharge due to recent medical evaluation , which states he is in good condition and should be qualified for reenlistment.

Decision

 Date: 20110526           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 NDRB presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Applicant identif ied one specific issue for consideration by the NDRB , however, the NDRB completed a thorough review of the circumstances that led to the discharge, and the discharge process, to ensure the discharge met the pertinent standards of both equity and propriety. The Applicant’s record of service contained t wo 6105 retention-counseling warning s and one nonjudicial punishment for violation of the Uniform Code of Military Justice (UCMJ): specifically, Article 92 ( F ailure to obey a n order or regulation ; one specification in that the Applicant failed to obey the orders of a noncommissioned officer ).

The Applicant’s record of service and medical records document that appropriately credentialed mental health care providers diagnosed the Applicant with a Personality Disorder, with borderline and dependent traits . The member was not considered mentally ill, but was diagnosed to manifest a long - standing disorder of character and behavior, which was of such severity as to render the Applicant incapable of serving adequately in the Marine Corps. Additionally, though he was not considered suicidal or homicidal at the time of evaluation, the Applicant was judged to represent a continuing danger to himself and others if retained. Finally, the Applicant was recommended to be expeditiously separated without need for retention counseling warning due to the judged continuing da nger to himself and to others.

On 30 October 2006, the Applicant was discharged from the Naval Service with a General (Under Honorable Conditions) characterization of his service pursuant to a personality disorder of such severity as to render the member incapable of serving adequately in military service, in any capacity, in a ccordance with paragraph 6203.3 of the Marine Corps Separation and Retirement Manual ( MARCORSEP MAN).

The presumption of regularity of governmental affairs was applied by the NDRB in this case in the absence of a complete discharge package in the Applicant’s service record. The Applicant provided no additional documentation regarding his discharge to challenge or refute the narrative reason for separation or the characterization of his service at discharge , but did provide a post - service evaluation by a nurse practitioner who recommended no current medical or mental restrictions to her knowledge that would restrict reentry into military service .

Non-decisional Issues - The Applicant seeks a change in his reentry code in order to facilitate reenlistment in the Marine Corps . The NDRB is not authorized to change a reentry code . To effect a change in reentry code, t he Applicant should petition the Board for Correction of Naval Records (BCNR) using DD Form 149. When requesting a change, the Applicant should provide as much documentation as possible regarding his justification for change . The BCNR’s address is: Board for Correction of Naval Records, 2 Navy Annex, Washington, DC 20370-5100. Further information may be found online at http://www.donhq.navy.mil/bcnr/bcnr.htm .



: (Decisional) ( ) - RELIEF NOT WARRANTED. The Applicant contends that he warrants a change in the characterization of his service at discharge due to a recent medical evaluation, which states he is in good condition and should be qualified for reenlistment. 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 NDRB presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.

Pursuant to paragraph 6203.3 of the MARCORSEPMAN , members may be processed for separation based on a Mental Health Care Professional ’ s clinical diagnosis of a personality disorder when that disorder is so severe that one ’ s ability to function effectively and perform their duties is significantly impaired, and the individual poses a threat to the safety or well being of themselves or others. The record of evidence reflects the Applicant met the requirements for administrative separation by reason of Convenience of the Government (Personality Disorder). The Applicant’s medical record documents a continuing period of mental health treatment and counseling by credentialed mental health care providers and that he was being considered for separation due to a diagnosis of adjustment disorder. However, this evaluation was amended to a diagnosis of a long-standing personality disorder after extensive counseling and treatment and the Applicant divulging a much more detailed pre-service history . T he diagnosing Psychologist clearly specified that the Applicant did not have a severe mental disorder and was not considered to be mentally disordered; as such, administrative discharge, vice a medical evaluation board with disability, was proper and was warranted. T he NDRB determined no impropriety in the discharge action; the proper narrative reason for separation from the Naval S ervice at the time of issuance was Convenience of the Government - Personality Disorder.

The Applicant contends that he no longer has a personality disorder and provided post-service documentation to support his contention . T h e Applicant was diagnosed with “ Personality Disorder with borderline and dependent traits ” by appropriately credentialed mental health care providers at the Tripler Army Medical Center Mental Health Clinic and was recommended for expeditious administrative separation from the Marine Corps . The NDRB determined the reason for discharge reflected the Applicant ’ s mental health status at the time of his discharge and was proper and equitable at the time of issuance. Personality Disorder is an accurate narrative description of the reason for the Applicant ’ s discharge. The contention that the personality disorder no longer exists , or has been overcome , does not provide a legitimate basis to revise official records that were accurate at the time of issuance. Accordingly, relief as requested, is not warranted.

(Equity) Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of the Naval Service. A review of the Applicant’s official service record reveals two retention warning s for conduct and a nonjudicial punishment for violation of the UCMJ . In accordance with the MARCORSEPMAN, an Honorable characterization of service is warranted when the quality of a member’s service meets the standard of acceptable conduct and performance for N aval personnel, or is otherwise so meritorious that any other characterization of service would be clearly inappropriate. A General (Under Honorable Conditions) characterization of service is appropriate if the member’s service has been honest and faithful, but significant negative aspects of the member’s conduct or performance of duty outweighed the positive aspects of his record. A preponderance of the evidence reviewed supports the conclusion that the Applicant’s service was honest and faithful, but that significant negative aspects of his conduct during his service did outweigh the positive aspects of his service record; as such, the command was justified in awarding the Applicant a General (Under Honorable Conditions) discharge. The NDRB determined an upgrade to an Honorable characterization of service would be inappropriate. Accordingly, r elief denied .

Summary : After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and service record entries, additional supporting documentation submitted by the Applicant, and the discharge process, the NDRB determined that Therefore, the awarded characterization of service shall GENERAL (UNDER HONORABLE CONDITIONS) and the narrative reason for separation shall remain PERSONALITY DISORDER. 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 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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