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USMC | DRB | 2010_Marine | MD1001590
Original file (MD1001590.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20100618
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)       20051109 - 20060806     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20060807     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20090526      H ighest Rank:
Length of Service : Y ea rs M on ths 20 D a ys
Education Level:        AFQT: 46
MOS: 6112
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle (2) (2) CoC

Periods of UA / CONF :    

NJP: NONE                 SCM: NONE                 SPCM:             CC:

Retention Warning Counseling : 1
- 20081031 :       For assistance with personality disorder .

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 .


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

Applicant’s Issues

 1.       Applicant seeks a discharge upgrade to obtain veteran education benefits.
2.       Applicant contends he should have received a medical separation v ice an administrative separation.
3.       Applicant contends his in-service personality disorder diagnosis was incorrect as evidenced by his post-service diagnosis with major depressive disorder.

Decision

Date: 20 1 1 10 13            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 two decisional issues for the Board ’s consideration . T he Board co nducted a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent standards of equity and propriety. The Applicant’s record of service included one 6105 retention counseling warning for personality disorder (31 Oct 2008) , but reflected no commanding officer nonjudicial punishment or trial by courts-martial. The record revealed that while deployed to Iraq (Mar-Jun 2008), the Applicant was diagnosed with personality disorder by a medical officer who recommended his administrative separation from the Marine Corps. The Applicant was subsequently redeployed back to the U nited States several months prior to his scheduled rotation date. On 24 Jun 2008, the Applicant was further evaluated at Camp Pendleton and again diagnosed with personality disorder and recommended for administrative separation. Based on the Applicant’s medical evaluations, recommendations from his physicians, and the Applicant’s inability to fully adjust to the demands of military life, his command processed him for administrative separation per the Marine Corps Separation and Retirement Manual (MARCORSEPMAN). When notified of administrative separation processing using the procedure on 31 Jul 2008 , the Applicant waived rights to consult with a qualified counsel and submit a written statement of rebuttal. On 31 Oct 2008, the Applicant received a 6105 retention warning for his diagnosed personality disorder. On 20 Mar 2009, the Applicant was re-evaluated and diagnosed with personality disorder NOS (not otherwise specified) with borderline traits and recommended for administrative separation. On 21 Apr 2009, the Commander, Navy Medicine West concurred with the assessment and also endorsed administrative separation of the Applicant. On 13 May 2009, the Commanding General, 3d Marine Aircraft Wing directed that the Applicant be separated with a General (Under Honorable Conditions) discharge due to Personality Disorder. The discharg e was effected on 26 May 2009.

: (Nondecisional) The Applicant seeks a discharge upgrade to obtain veteran education benefits. The U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB. The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities as r egulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.
Issues 2-3 : (Decisional) ( ) . The Applicant contends he should have received a medical separation v ice an administrative separation , and that his in-service personality disorder diagnosis was incorrect as evidenced by his post-service diagnosis with major depressive disorder. The Board conducted a detailed review of the Applicant’s service records to determine whether discharge met the pertinent standards of equity and propriety. In reviewing discharges, the Board 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 Board noted that the Applicant received several mental health evaluations from Jun 2008 to Mar 2009 and each was consistent in the diagnosis of personality disorder/personality disorder NOS (not otherwise specified) and with borderline traits (Mar 2009) . Thus, the Board f ound that the Reason for Discharge reflects 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 Applicants 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.

Furthermore, the records reveal that the Applicant failed to disclose that he had been diagnosed and /or treated for several conditions (as early as age 6) to include attention deficit hyperactive disorder, anger, and rage, which is considered fraudulent entry into the service and punishable under the Uniform Code of Military Justice A rticle 83 (Fraudulent Enlistment) with up to two years confinement and a B ad C onduct or D ishonorable discharge if adjudicated at trial by courts-martial. Per the MARCORSEPMAN, a n H onorable characterization of service is warranted when the quality of a member’s service generally meets the standard of acceptable conduct and performance for naval personnel, or is otherwise so meritorious that any other characterization of service would be clearly inappropriate. A G eneral ( U nder H onorable C onditions) discharge is warranted when the quality of 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 the member’s service record. After careful review and deliberation, the Board determined that the Applicant’s fraudulent enlistment (failing to disclose evaluation and treatment for mental and/or emotional health - related issues) did not meet th e accepted standard for Honorable service. Therefore, the Board found the Applicant’s discharge to be proper and equitable, and that this issue did not provide a basis for which relief could be granted. Relief denied.

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries , and the administrative separation process, the Board found the discharge was proper and equitable at the time of discharge. Therefore, the awarded characterization of service shall GENERAL (UNDER HONORABLE CONDITIONS) 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 for additional information.


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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