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USMC | DRB | 2011_Marine | MD1100163
Original file (MD1100163.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20101026
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)       19960905 - 19970107     Active:   19970108 - 20010128 HON

Period of Service Under Review:
Date of Current Enlistment: 200101 2 9     Age at Enlistment: 25
Period of E nlistment : Years Months
Date of Discharge: 20010 501      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 01 D a y ( s )
Education Level: + (2 years junior college)      AFQT: 42
MOS: 0811
Current Enlistment Proficiency/Conduct M arks (# of occasions): ( ) / ( )        
Overall In-Service Proficiency /Conduct M arks (# of occasions): ( ) / ( )
Fitness R eports:
Awards and Decorations ( per DD 214):      Rifle , , LoA

Periods of UA / CONF :     NJP:     SCM:     SPCM:    CC:

Retention Warning Counseling :
- 20010309 :       For your inability to manage your financial household affairs .

- 20010312:       For disobedience of a direct order given to you by the Battery Commander wherein you embarked pornographic material within your personal gear , despite being specifically told otherwise.

- 20010411 :       For driving with an expired Hawaii safety decal and for allowing your spouse to operate a vehicle aboard Marine Corps Base Hawaii with an expired drivers license.

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, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 August 1995 until 31 August 2001.

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

 Nondecisional Issues: The Applicant seeks an upgrade in the characterization of his service at discharge in order to facilitate employment opportunities and education benefits from the Department of Veterans Affairs.

Decisional Issues: The Applicant seeks an upgrade in the ch aracterization of service at discharge , contending that the characterization received was inequitable as he had no misconduct of record and his service was honorable.

Decision

 Date: 20 1 1 1208            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. 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 entered military service at age 21 on a four - year enlistment with a guaranteed contract of Infantry Support Option. The Applicant’s enlistment record reflects entry into military service without any waiver s to enlistment and induction standards. The Applicant was serving on his second enlistment with the Marine Corps , having completed honorabl y one 4-year enlistment contract , which ended o n 28 January 20 0 1 . The Applicant executed an immediate reenlistment for a second four-year enlistment period that commenced o n 29 January 20 0 1 . The Applicant’s record of service included three retention-counseling warnings , but no judicial or non-judicial proceedings during his current enlistment or previous enlistment period .

The Applicant’s record of service and medical records document that appropriately credentialed mental health care providers and medical health care providers diagnosed and treated the Applicant. The Applicant’s medical records indicate that he was diagnosed with a n Adjustment Disorder with anx ious features and a brief psychotic disorder (resolving) and a diagnosis of Personality Disorder , not otherwise specified with borderline intellectual functioning. Additionally, the treating mental health care providers recommended that the Applicant be expeditiously discharged in accordance with paragraph 6203.3 of the Marine Corps Separation and Retirement Manual (MARCORSEPMAN) due to the d iagnosed Personality Disorder. The Applicant’s c ommand recommended that he receive a n Honorable characterization of his service at discharge based on his documented record of service. The Applicant waived h is right s to consult with qualified legal counsel and to submit written matters to the Separation Authority. The discharge recommendation was endorsed by the chain of command , concurring with the H onorable characterization of service; on 20 April 20 0 1 , it was approved. On 30 April 20 0 1 , the Applicant was discharged from the Naval Service with a General (Under Honorable Conditions) characterization of service based on a P ersonality D isorder in accordance with p aragr aph 6203.3 of the MARCORSEPMAN.

Non-decisional Issues : The Applicant seeks an upgrade in the characterization of his service at discharge in order to facilitate employment opportunities and education benefits from the Department of Veterans Affairs. There is no requirement, or law, that grants re-characterization solely on the issue of facilitating access to VA benefits. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing educational opportunities or employment opportunities. Regulations limit the NDRB’s review solely to a determination of the propriety and the equity of a discharge. As such, this issue does not serve to provide a foundation upon wh ich the NDRB can grant relief.





D ecisional Issue: ( ) RELIEF WARRANTED. The Applicant seeks an upgrade in the ch aracterization of service at discharge , contending that the characterization received was inequitable as he had no misconduct of record .

(Propriety) Pursuant to paragraph 6203.3 of the MARCORSEPMAN, members may be processed for separation based on a m ental h ealth c are p rofessional ’ 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 the Applicant met the requirement s established for administrative separation by reason of Convenience of the Government (Personality Disorder) and that no other basis for discharge existed in the record (i.e. , misconduct) . Based on a detailed review of the service record and medical records, the NDRB determined that the reason for discharge was warranted and was proper as issued ; relie f based on propriety is denied.

(Equity ) C haracterization of service at discharge is the recognition of the quality of a Marine ’ s performance and conduct. Most Marines serve honorably; in fairness to those Marines, commanders and separation authorities are tasked to ensure that Marines receive no higher characterization than is due. An Honorable characterization of service is the highest characterization of service awarded and is appropriate when the quality of the Marine’s service has met the standards of accepted conduct and performance of duty for military personnel. In accordance with p aragraph 1004 of the MARCORSEPMAN, upon expiration of an active duty service enlistment, the characterization of service received will be honorable for those Marines who have average P roficiency marks of 3.0 or higher and average C onduct marks of 4.0 or higher. A review of the Applicant’s service record i ndicates an average in-service P roficiency and C onduct marking of 4.2/4.3 over 11 evaluation periods, with a separation evaluation marking of 4.0/4.0 (the only marks in the current enlistment period). These evaluation markings meet or exceed that required for an H onorable characterization of service. Additionally, the entire chain of command recommended an Honorable characterization of service and the Separation Authority agreed , directing separation with an Honorabl e characterization of service.

Given the facts of the record, the information provided by the Applicant , and the Applicant’s overall performance and conduct rankings , the NDRB determined that the Applicant’s conduct, which forms the primary basis for determining the character of his service, was honest and faithful . The NDRB concluded that there was an inequity in the Applicant’s discharge action, is convinced that this was prejudicial to the Applicant and determined that the DD Form 214, B lock 24 ( C haracterization of S ervice) does not reflect that which was directed by the Separation Authority . By a vote of 5-0, the NDRB determined that the Applicant’s service was Honorable. Relief , as requested , is warranted.

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 the discharge, as issued, was proper, but not equitable. Therefore, the awarded characterization of service shall HONORABLE , 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 his 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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