Search Decisions

Decision Text

USMC | DRB | 2010_Marine | MD1002050
Original file (MD1002050.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20100810
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:         20090304 - 20090426                Active:  

Period of Service Under Review:
Date of Current Enlistment: 20090427     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20091118      H ighest Rank:
Length of Service:
         Inactive:        Y ea r ( s ) M on th ( s ) 2 3 D a y ( s )
         Active:  Y ea r ( s ) M on th ( s ) 22 D a y ( s )
 Education Level:        AFQT: 38
MOS: 8011
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 :

- 20091023 :       For violation of UCMJ Art 107 (F alse of ficial statement ) and Art 123 (F orgery ). During your interview with me IRT your possible administrative separation fo r mental health issues , it was determined that you not only lied to me stating that you did disclose your pre-existing mental health conditions and associated medication use on your enlistment physical , but you then proceeded to produce a forged copy of your enlistment physical. This was verified when we received a copy of your original enlistment physical which showed no disclosure of pre-existing conditions . You were informed of the seriousness of these offenses and the punitive measures that could be taken.

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 :        


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

Applicant’s Issues

 1.       Applicant seeks an RE code change to RE-3P.
2.       Applicant contends his discharge was improper/inequitable , because he divulged his previously diagnosed mental health disorder to the recruiter.

Decision

Date: 20 1 1 11 29            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 ’s consideration . T he Board complete d a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent sta ndards of equity and propriety. The Applicant’s record of service included one 6105 retention counseling warning (23 Oct 2009) for violations of UCMJ Article 107 ( F alse official statement ) and Article 123 ( F orgery ). There was no evidence of commanding officer nonjudicial punishment or trial by courts-martial. The record re vealed that while assigned to Infantry Training B attalion, School of Infantry (SOI), it was discovered the Applicant had been previously diagnosed with Major Depressive Disorder with Psychosis. When questioned about it, the Applicant lied and stated he had revealed the diagnosis and prescribed medication t o his recruiter. Additionally, he submitted a forged copy of his enlistment physical exam documentation to support his claim. However, the SOI obtained an official copy of his enlistment physical that reflected that the Applicant failed to admit his previous ly diagnosed mental health disorder . Based on the offenses committed by the Applicant, his command administratively processed him for separation per the Marine Corps Separation and Retirement Manual . When notified of a dministrative separation processing using the procedure on 11 Nov 2009 , the Applicant waived rights to consult with a qualified counsel and submit a written statement . The Applicant was separated from the Marine Corps on 18 Nov 2009 with a General (Under Honorable Conditions) discharge due to Fraudulent Enlistment.

: (Nondecisional) The Applicant seeks an RE code change to RE-3P. 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 B oard for Correction of Naval Records 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.
: (Decisional) ( ) . The Applicant contends his discharge was improper/inequitable , because he divulged his previously diagnosed mental health disorder to the recruiter. The record revealed that while assigned to SOI, the Applicant complained of chest pain and was referred to medical for evaluation. During the course of evaluation, it was discovered the Applicant had been previously diagnosed with Major Depressive Disorder with Psychosis as a teenager . When questioned about it, the Applicant lied and stated he had revealed the diagnosis and the medication to his recruiter during the enlistment accession process . Additionally, he submitted a forged copy of his enlistment physical exam documentation to support his claim. However, the SOI obtained an official copy of his enlistment physical that reflected that the Applicant failed to admit his previously diagnosed mental health disorder. Based on the offenses committed by the Applicant , which included fraudulent enlistment, false official statements , and document forgery , the Applicant’s command processed him for administrative separation . After conducting a detailed examination of the records, the NDRB could find no evidence of command impropriety. Accordingly, the B oard found this issue to be without merit and 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 proces s, 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 for additional information.

Pertinent Regulation/Law

 A . The Marine Corps Separation and Retirement Manual, MCO P1900.16F), effective 1 September 2001 until Present, paragraph 6204, DEFECTIVE ENLISTMENT AND INDUCTION.
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 .


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

Similar Decisions

  • USMC | DRB | 2010_Marine | MD1001439

    Original file (MD1001439.rtf) Auto-classification: Denied

    Based on all the documentary evidence available to the command, to include the mental health evaluations and the UA offense, the Applicant’s command administratively processed him for separation in accordance with the Marine Corps Separation and Retirement Manual (MARCORSEPMAN). He is apathetic to military life and mostly keeps to himself … .” After thorough examination of the available evidence, to include the Applicant’s testimony, the Board determined this issue to be without merit and...

  • USMC | DRB | 2015_Marine | MD1501084

    Original file (MD1501084.rtf) Auto-classification: Denied

    The Applicant’s record of service included 6105 counseling warnings for unacceptable behavior associated with Mental Health conditions, and for diagnosis of Mental Health conditions: Axis I: Adjustment disorder with mixed disturbance of emotion (anxiety) and conduct (unauthorized absence, inconsistent accounts); and Axis II: Narcissistic personality traits. The Applicant submits to the NDRB a letter from a civilian Licensed Psychologist dated 26 July 2010, that contends the Applicant “did...

  • NAVY | DRB | 2008_Navy | ND0801012

    Original file (ND0801012.rtf) Auto-classification: Denied

    Issue 3: (Decisional) ().The Applicant contends his discharge should be upgraded based on his record of service, which was good apart from a single period of misconduct. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating...

  • NAVY | DRB | 2011_Navy | ND1101946

    Original file (ND1101946.rtf) Auto-classification: Denied

    After careful consideration of the available records, documentary evidence submitted by the Applicant, and extensive testimony during the personal hearing, the NDRB determined that the Applicant’s administrative separation from the Navy on the basis of Personality Disorder was proper. Partial relief warranted.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, and medical record entries, the administrative separation discharge process,...

  • NAVY | DRB | 2015_Navy | ND1500285

    Original file (ND1500285.rtf) Auto-classification: Denied

    Based on the the discovery of several disqualifying mental health conditions in his pre-enlistment medical record, none of which were disclosed during the enlistment process, command administratively processed for separation. 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 remain UNCHARACTERIZED (ENTRY LEVEL SEPARATION)...

  • NAVY | DRB | 2009_Navy | ND0901673

    Original file (ND0901673.rtf) Auto-classification: Denied

    In the psychologist’s letter of 20 January 2009, he stated, “Although the service member endorses symptoms consistent with PTSD, collateral information obtained from her command call into question the validity of the circumstances of this current alleged trauma.” The NDRB is not an investigative body and allegations of a violent abusive act should be made to an appropriate law enforcement organization or the Naval Inspector General's Office.The NDRB determined the Applicant’s PTSD was not...

  • NAVY | DRB | 2008_Navy | ND0800870

    Original file (ND0800870.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated 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 Representation:From Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...

  • NAVY | DRB | 2009_Navy | ND0900927

    Original file (ND0900927.rtf) Auto-classification: Denied

    discharge. ” 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. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.

  • USMC | DRB | 2006_Marine | MD0601220

    Original file (MD0601220.rtf) Auto-classification: Denied

    FOR ex-, USMC MD06-01220Current Discharge and Applicant’s Request: Application Received: 20060919Characterization of Service: Narrative Reason for Separation: PERSONALITY DISORDER Discharge Authority: MARCORSEPMAN 6203.3Last Duty Assignment/Command at Discharge: soi, mcb, campen, ca 92055Applicant’s Request: Characterization change to: Narrative Reason change to: HARDSHIP OR ENTRY LEVEL SEPARATION Review Requested: Representation: Applicant’s Issues:1. After a thorough review of the...

  • NAVY | DRB | 2015_Navy | ND1500852

    Original file (ND1500852.rtf) Auto-classification: Denied

    Additionally, effective 6 February 2015, the NDRB is authorized to change a NDRB Applicant’s Reenlistment Code if related to an accompanying change in discharge characterization or narrative, but this authority is strictly limited to those cases where an applicant’s narrative reason or characterization of discharge is changed and that change warrants revision of the previously issued reenlistment code. The NDRB also considered that while the Applicant was processed for personality disorder,...