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USMC | DRB | 2011_Marine | MD1100942
Original file (MD1100942.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20110304
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)       20020822 - 20030914     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20030915     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20060630      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 16 D a y ( s )
Education Level:        AFQT: 88
MOS: 5524
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle CoA

Periods of UA / CONF :

NJP:

- 20060127 :      Article (UA 0730-0815, 20060106)
         Article 134 (Display conduct that is not representative of a Marine NCO - received traffic citation for operating a motor vehicle at a speed of 98 mph in a 70 mph zone)
         Awarded: Suspended:

SCM:

SPCM:

CC:

Retention Warning Counseling :

- 20051213:      For your assignment to the Marine Corps Body Composition Program. Specifically, you failed to maintain your standards as required by MCO P6100.12. Your actions are unsatisfactory and not in accordance with the high state of readiness required by the Marine Corps.

- 20060117 :       For unauthorized absence from PT formation. This conduct displays a lack of responsibility and sets a poor example for your fellow Marines.

- 20060321 :       For violation of Article 86. Specifically, on 20060224 at 1345 SNM was unauthorized absence from a commitment formation. SNM specifically was awakened by a fellow Marine and then went back to sleep, missing formation and a uniform inspection for a commitment.


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.       The Applicant contends that since the VA awarded him disability for P ost-Traumatic Stress Disorder (P TSD ) , he should be medically retired.
2. The Applicant contends his discharge was inequitable , because he was separated for P ersonality D isorder but was subsequently diagnosed with PTSD.
Decision

Date: 2011 0602            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 discharg e if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of g overnment al affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Applicant’s record of service included 6105 counseling warnings and for o f the Uniform Code of Military Justice (UCMJ): Article ( , ) and Article ( Article : Conduct not representative of a Marine NCO , ). The Applicant a pre-service drug waiver , and acknowledged complete understanding of the Marine Corps Policy Concerning Illegal Use of Drugs on 6 Jun e 2002 . Based on the recommendation of competent medical authority for expeditious separation, the Applicant ’s command administratively processed for separation. When notified of administrative separation processing, the Applicant right to consult with a qualified counsel but w aived his right to submit a written statement. The Applicant was not entitled to an administrative separation board.

: (Nond ecisional) The Applicant contends since the VA awarded him disability for PTSD, he should be medically retired. T he NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or other medical - related reasons , nor does it have the authority to grant medical retirements for servicemembers who have been separated . Only the Board for Correction of Naval Records ( BCNR ) can grant this type of narrative reason change. T he Applicant may petition the BCNR , 2 Navy Annex, Washington, DC 20370-5100 for further review.
: (Decisional) ( ) . The Applicant contends his discharge was inequitable , because he was separated for P ersonality D isorder , but was subsequently diagnosed with combat - related PTSD by the VA and awarded disability . Military medical records show the Applicant was treated by the mental health clinic from January 2006 until his separation in June 2006. None of these record s reflect any diagnosis or mention of PTSD. The Applicant provided documentation of a VA award of 50% disability due to PTSD. The NDRB noted the Applicant had a history of misconduct, including sleeping on post multiple times while deployed in combat . His command noted problems with authority, resistance to constructive criticism, and refusal to respect input from people attempting to assist him. This continued behavior often left his command with no choice but to impose punishment. This misconduct warrants a General (Under Honorable Conditions) characterization of service. While th e NDRB recognizes the Applicant was likely suffering from PTSD, this condition was determined to be insufficient to warrant mitigation for his misconduct. It was determined, however, the Applicant’s personality disorder was likely due to co-morbidity with undiagnosed, in - service PTSD. According to MARADMIN 043/09, DODI 1332.14, and MCO 1900.16F, unless a member is found fit for duty by the disability evaluation system, a separation for personality disorder is not authorized if service - related PTSD is also diagnosed. The NDRB determine d it is appropriate to apply this regulation in this case in the interest of equity despite the absence of an in - service diagnosis for PTSD. Therefore, the Applicant’s narrative reason for separation will be changed to Secretarial Authority with no change to th e characterization of service.




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 , but the narrative reason for separation shall SECRETARIAL AUTHORITY . 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, Automatic Upgrades, 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 Disabled 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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