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USMC | DRB | 2010_Marine | MD1001928
Original file (MD1001928.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20100730
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)       20040122 - 200 4 0 9 13     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20040914     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20060406      H ighest Rank:
Length of Service : Y ea r M on ths 22 D a ys
Education Level:        AFQT: 45
MOS: 3531
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle MM GWOTSM NDSM

Periods of UA / CONF :

NJP:     SCM:     SPCM:    CC:      Retention Warning Counseling :

Administrative Corrections to the Applicant’s DD 214

The NDRB n ote d an administrative error on the original DD Form 214:

          “ GENERAL (UNDER HONORABLE CONDITIONS) ”

The NDRB will recommend to the Commandant of the Marine Corps that the DD 214 be corrected as appropriate.
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

 Decisional Issues: The Applicant contends that his record of service is sufficient to establish a basis for an Honorable characterization. Additionally, t he Applicant contends that his only medical issue was depression , and he should not have been given the narrative reason for separation of personality disorder.

Decision

 Date: 20 1 1 1205            Location: Washington D.C .         R epresentation : NONE

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. T he 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 propr iety.

The Applicant enlisted in the Marine Corps on a four-year contract under a Transportation Option contract . The Applicant completed 1 year and 6 months of his four -year contractual obligation. The Applicant’s record of service documents no n on-judicial or judicial punishment s for violations of the Uniform Code of Military Justice (UCMJ) and no retention-counselin g warnings during his service. The Applicant’s record of service documents that an appropriately credentialed mental health care provider (CDR, USN, Staff Psychiatrist) diagnosed the Applicant with a Personality Disorder , not otherwise specified, with dependant and borderline features . A dditionally, he was diagnosed with Dysthymic Disorder. The primary diagnosis, as specified, was Personality Disorder . The Staff Psychiatrist recommended that the Applicant be separated administratively in accordance with paragraph 6203.3 of the Marine Corps Separation and Retirement Manual - Convenience of the Go vernment, Personality Disorder. He further specified that the personality disorder was of such severity as to render the member incapable of serving adequately in military service, in any capacity, and that he should be expeditiously separated due to a long-term risk of harm to himself and others. On 16 February 200 6 , the Applicant was notified that he was being processed for administrative separation by his command. The Applicant acknowledged that he was being recommended for separation and that the least favorable characterization of service warranted was General (Under Honorable Conditions). The Applicant elected to waive his right to seek legal counsel or to provide a written statement to the Separation Authority ; the discharge action did not warrant the right to elect a personal hearing before a discharge review board due to the propose d characterization of service.

(Decisional Issues ) ( ) PARTIAL RELIEF WARRANTED. The Applicant contends that his record of service is sufficient to establish a basis for an Honorable characterization. Additionally, the Applicant contends that his only medical issue was depression , and he should not have been given the narrative reason for separ ation of personality disorder.

Propriety - Pursuant to paragraph 6203.3 of the M arine Corps Separation and Retirement Manual (M ARCORSEPMAN ) , 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. Separation for personality disorder is not normally appropriate when separation is warranted for any other reason (e.g., member meets minimum criteria for misconduct processing). The record of evidence reflects that the Applicant met the requirements for administrative separation due to Convenience of the Government (Personality Disorder) and that he had no misconduct of record. T he Separation Authority determined that Personality Disorder was the proper narrative reason for discharge. As such, the NDRB determined no impropriety in the discharge action; the proper narrative reason for separation from the Naval S ervice was Convenience of the Government - Personality Disorder. Accordingly, relief based on prop riety is not warranted.

Equity - 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. Since the Applicant was separated by a Convenience of the Government for a Personality Disorder and not for adverse conduct, unsatisfactory performance, or separation in lieu of court-martial, the characterization of his service at discharge is warranted by his service record. The Applicant’s service record reflects no misconduct, no retention-counseling warnings, and no negative counseling entries. His average in-service performance and conduct evaluation marks document 4.3/4.2, respectively, which exceed the requirement of a 4.0 in conduct and 3.0 in performance to warrant an H onorable characterization of service, As such, the NDRB determined the positive aspects of the Applicant’s performance of duty did met the standards of acceptable conduct and performance of duty for military personnel. The NDRB determined there was no impropriety because of an error of fact, law, procedure, or discretion with the discharge, but did discern that an inequity in the characterization of the Applicant’s service had occurred . The NDRB voted unanimously to upgrade the characterization of the discharge to Honorable but to keep the narrative reason for separation to Personality Disorder. Partial relief warranted.

Summary : After a thorough review of the available evidence, to include the Applicant’s summary of service, and medical record entries, and the discharge process, the NDRB determined that the discharge was proper, but not equitable. Therefore, the awarded characterization of service shall change to H ONORABLE, however, 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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