Search Decisions

Decision Text

USMC | DRB | 2011_Marine | MD1100117
Original file (MD1100117.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20101019
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)       20060615 - 20060710     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20060711     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20090326      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 09 D a y ( s )
Education Level:        AFQT: 43
MOS: 0341
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle (w/1 c ampaign s tar)

Periods of UA/ CONF : UA 20070305 - 20070511 (67 days)             CONF:

NJP:
- 20070603 :      Article (Absent from his parent unit 20070305-20070511 , 67 days , surrendered )
         Awarded : (to E-2) Susp ended:

- 2008092 6 :       Article (Absen ce without leave, from his parent command 0700-1600, 20080906)
         Awarded: Suspended: FOP RESTR EPD (suspend 6 months)

SCM:              SPCM:    CC:

Retention Warning Counseling :

- 20080714 :       For SNM was not at the rifle range, his appointed place of duty, stated he woke up late, due to this he did not make it in time to draw his weapon and missed the transportation to the range and was drop ped from the rifle range detail. This sort of behavior is unacceptable and is punishable und er the UCMJ, Articles 86 and 92.
- 20080926 :       For your recent Comp any level NJP for violation of A rticle 86 IAW MCO P1400.32d par 1204.4J.

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

          “ (67) 20070305-20070511 ”
        
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

 1.       Applicant contends his discharge was improper due to his mental health issues and relevant physician recommendations that were not considered by his command.

Decision

 Date: 20 1 20 1 19            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 i dentif 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 standards of equity and propriety. The Applicant’s record of service included 6105 counseling retention warning s for missing rifle range detail (14 Jul 2008) and receiving NJP for unauthorized absence (26 Sep 2008). The record also reflected for o f the Uniform Code of Military Justice (UCMJ): Article ( Absence without leave , 2 specifications: 5 Mar 2007 to 11 May 2007, 67 days; and 6 Sep 2008, 0700-1600, 1 day ) . On 18 May 2007 , the Applicant was seen by B attalion A id S tation (BAS) staff due to his complaints of depression. The report stated , “(the Applicant) states for the past year he has struggled with feelings of depressed mood intermittently but recently his symptoms have “intensified” and been confusing for the past two months. He complains of decreased sleep (3 hrs/night), decreased appetite, decreased energy, no ability to concentrate and (unreadable)…current stressors include his mother’s recent diagnosis of breast cancer, estrangement from his fiancée, and the recent suicide (1 month ago) of a close friend. Patient became so bothered that he went UA and just recently returned to his unit. Past history significant for depression for which he was admitted for as a child (age 8 or 9). Father: mother/father with depression, brother with bipolar mood disorder . ” The NDRB noted that the records seem to indicate that the Applicant’s command chose or failed to pursue administrative separation of the Applicant for fraudulent enlistment (Applicant answered “no” to questions on his report of medical history questionnaire dated 15 Jun 2006 , “ H ave you had or do you now have”: 17e) Received counseling of any type ?; 17f) De pression or Excessive worry?).

 The Applicant was deployed in support of Operation Iraqi Freedom from Jul 2007 to Feb 2008. Within months after return from deployment, the Applicant was evaluated by mental health providers and initially diagnosed with Personality Disorder NOS (not otherwise specified) in Jun 2008 . On 8 Aug 2008, after further evaluation, the A pplicant was diagnosed as: AXIS I -- Adjustment Disorder with Mixed Anxiety and Depressed Mood; AXIS II -- Maladaptive traits; R/O Personality Disorder (Principal Dx Schizoid PD). The Applicant was found fit for duty and referred for follow-up psychiatric treatment and long-term fitness for duty assessment. Based on numerous performance and conduct deficiencies and the personality disorder diagnosis, the Applicant’s Commanding Officer processed him for administrative separation in accordance with the Marine Corps Separation and Retirement Manual (MARCORSEPSMAN). When notified of a dministrative separation processing using the procedure on 7 Nov 2008 , the Applicant initially his rights to consult with a qualified coun sel and submit a written statement . However, he subsequently submitted a written statement to the General Court-Martial Convening Authority , which stated , “First off I would like to thank you for letting me serve in your division. I feel that my services are no longer needed here in this division and the Marine Corps. I strongly believe that if I stay in the Marines it would be bad for m y mental health and well being, due to the simple fact that I cannot adjust to the Marine Corps as run by my chain of command. If I was to stay it would drive me even more mad and upset and that I would be a liability to myself and the other Marines. I feel getting out of the USMC is the only option for me due to the simple fact I cannot cope with the way I get treated and talked to . For example, I am a 25 year old man getting treated and talked to like a little 2 year old kid. I strongly feel that if someone yells or treats me with disrespect they should get the same treatment. But that’s wrong in the Marines and that drives me crazy. Also, I cannot cope with getting underpaid for the line of work I do. The thing is sir is that the older I am getting the less

interested I am getting to play the game of getting over worked, under paid and getting treated like a kid. And these things have dr i ve n m e to get administrative ly separated with mental health problems. Thank you for your time . ” After considering the facts and circumstances surrounding the Applicant’s record of service, mental health and potential for future service, the Separation Authority directed that the Applicant be separated from the Marine Corps with a General (Under Honorable Conditions) discharge due to Personality Disorder. The discharge was carried out on 26 Mar 2009.

: (Decisional) ( ) . The Applicant contends his discharge was improper due to his mental health issues and relevant physician recommendations that were not considered by his command. The NDRB conducted a detailed examination of the Applicant’s records and could find no evidence of command impropriety. Moreover, the Board noted that the Applicant , within two months of checking into his first command, absented himself from his unit for 67 days. Violations of UCMJ Article 86 (Unauthorized absence) in excess of 30 days are considered “commission of a serious offense” and punishable by up to one year of confinement and a B ad C onduct Discharge (BCD) or D ishonorable D ischarge (DD) , if adjudicated at trial by courts-martial. The Applicant’s command chose not to refer him to trial but instead opted to adjudicate the matter at NJP and retain him. After the NJP proceeding, the Applicant admitted to medical providers that he was admitted for depression when he was approximately 8 or 9 years old. This fact could have resulted in the Applicant being charged with fraudulent enlistment (violation of UCMJ Article 83), which is also considered “commission of a serious offense” and is punishable by up to two years of confinement and a BCD or DD discharge. Again, his command chose not to refer hi m for trial. On 19 Nov 2008, the Applicant’s Commanding Officer submitted his endorsement for administrative separation of the Applicant to the Separation Authority. Comments within the endorsement included the following: “(The Applicant) has performed his duties in an unsatisfactory manner while assigned to Charlie Company, 1st Battalion, 1st Marines. The statements provided by his chain of command clearly describe (the Applicant) as a Marine who has no concern for his fellow Marines, a lack of ambition and desire to remain a Marine…Since arriving (to 1st Battalion, 1st Marines), his reliability has been questioned on several occasions, and he is unable to be trusted with the most monotonous of tasks. On 7 Aug 2008, (the Applicant) was admitted to Naval Hospital Cam p Pend leton Mental Health C linic due to feeling unable to carry out duties required and expected of him. In addition to depressive anxiety and depression symptoms, multiple maladaptive personality traits are evident that are incompatible with continued service in the Marine Corps. If he continues with his everyday routine, he can be a danger to him self and others when faced with challenges given to him in a combat environment…(The Applicant) has proven that he i s unable to act in accordance with our Marine Corps tenets of Honor, Courage, and Commitment and as such his retention in the Marine Corps would be harmful to good order and discipline . ”

When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under Honorable conditions. A General (Under Honorable Conditions) discharge is warranted when a Marine’s service has been honest and faithful but significant negative aspects of the member’s conduct or performance outweighs positive aspects of the member’s military record. The Applicant’s conduct (to include a 67 - day period of UA) , which forms the primary basis for determining the character of service, reflects the Applicant failed to meet the requirements of conduct expected of all Marines, regardless of grade and length of service. A fter careful consideration of and deliberation on the facts and circumstances surrounding the Applicant’s administrative separation from the Marine Corps, the NDRB found the discharge to be proper and equitable, and in accordance with the applicable orders and directives in effect at the time of his separation. In fact, the NDRB found that the Applicant’s command was extremely lenient in not prosecuting him more harshly after his 67-day UA. Accordingly, the Board determined 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 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 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

Similar Decisions

  • USMC | DRB | 2005_Marine | MD0501453

    Original file (MD0501453.rtf) Auto-classification: Denied

    I just want a fair discharge based on evidence in my medical records and the notes of the doctors and neurologists at MEPS who reviewed all of my medical records and examined me. I was supposed to have received an Admin Separation based on notes in my medical records. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

  • USMC | DRB | 2006_Marine | MD0600436

    Original file (MD0600436.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. At that point in time, I didn’t know it was against Marine Corps Orders to have a person in the back with the gear. I told her what had happened she looked me right in my eyes and said K_ everybody knows you’re a slut.

  • NAVY | DRB | 2004 Marine | MD04-00561

    Original file (MD04-00561.rtf) Auto-classification: Denied

    The boards decision to upgrade my discharge will help me in getting the opportunity to do just that.Regards,A_D_ (Applicant)” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 000906 - 001010 COG Period of Service Under Review :Date of Enlistment: 001011 Date of...

  • USMC | DRB | 2001_Marine | MD01-00608

    Original file (MD01-00608.rtf) Auto-classification: Denied

    MD01-00608 Applicant’s Request The application for discharge review, received 010402, requested that the characterization of service on the discharge be changed to honorable. They told me that if it didn't help me, they would recommend that I be discharged, but after it was over, I felt NO different and they told my command that I was "psychiatrically fit" for full duty my hope was crushed. Please contact me with information about this query at one of the numbers listed below.A_ G. H_...

  • USMC | DRB | 2001_Marine | MD01-00102

    Original file (MD01-00102.rtf) Auto-classification: Denied

    MD01-00102 Applicant’s Request The application for discharge review, received 001024, requested that the characterization of service on the discharge be changed to Honorable. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 000114 with Uncharacterized service due to Entry Level Performance and Conduct (A). The applicant states he received an Uncharacterized discharge due to personality disorder, then a DD-215 was issued, changing the...

  • USMC | DRB | 2006_Marine | MD0600173

    Original file (MD0600173.rtf) Auto-classification: Denied

    Good (illegible). PRIMARY DIAGNOSES: Antisocial Personality Disorder (DSM-III-R #301.70) and Borderline Personality Disorder (DSI4-III-R #301.83) This member presented with a suicidal gesture and had several contacts with Mental Health for command concerns over suicidality. Necessary corrective actions explained, sources of assistance provided, and advised being processed for administrative separation.930412: Commanding Officer, Marine Wing Support Group 27 forwards recommendation for...

  • USMC | DRB | 2005_Marine | MD0501064

    Original file (MD0501064.rtf) Auto-classification: Denied

    MHU diagnosed SNR as having an adjustment disorder with depressed mood. MHU recommends ELS ASAP, and that SNR’s condition is unlikely to change if retained.980807: GCMCA, Commanding General, Marine Recruit Depot, San Diego, CA, directed the Applicant's discharge with an uncharacterized service by reason of defective enlistment and induction fraud adjustment disorder. The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within...

  • NAVY | DRB | 2002_Navy | ND02-00359

    Original file (ND02-00359.rtf) Auto-classification: Denied

    ND02-00359 Applicant’s Request The application for discharge review, received 020204, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 (2 copies) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR...

  • USMC | DRB | 2005_Marine | MD0501315

    Original file (MD0501315.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). Discharged to command.2. th Marines, recommended Applicant’s discharge under other than honorable conditions by reason of illegal drug use, specifically amphetamine and methamphetamine.

  • NAVY | DRB | 2004 Marine | MD04-00376

    Original file (MD04-00376.rtf) Auto-classification: Denied

    The Applicant requested the characterization of service received at the time of discharge be changed to honorable. I still consider myself a Marine and I will die a Marine. The applicant was diagnosed with an “ Adjustment Disorder w/Depressed Mood” and a “Personality Disorder w/schizoid features” by competent medical authority at the Mental Health Clinic, Camp Geiger Branch Medical Clinic, Camp Lejeune, NC, and was recommended for expeditious administrative separation from the U. S. Marine Corps.