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USMC | DRB | 2011_Marine | MD1101033
Original file (MD1101033.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20110315
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)       19971107 - 19971112     Active:  

Period of Service Under Review:
Date of Current Enlistment: 19971113     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 19990420      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 08 D a y ( s )
Education Level:        AFQT: 79
MOS: 6322
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 :

- 19981123 :       For absence without leave. Specifically, UA three separate occasions for evening curfew.

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

 1.       Applicant contends that her previously unknown Bi p olar Disorder contributed to her early separation from service.
2.       Applicant contends her post-service achievements warrant consideration for a discharge upgrade.
3.       NDRB Issue: The Applicant had no misconduct or other significant negative aspects of service.

Decision

 Date: 20 1 2 0 517            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 two d ecisional issues for the Board ’s consideration. Although the Applicant’s service records are incomplete (missing administrative separation documentation to include: mental health physician recommendation for administrative separation, notification of administrative separation and acknowledgment of rights forms, commanding officer comments and endorsement, and the Separation Authority decision letter), the Board completed a thorough review of the available documentation to determine whether her discharge met the pertinent standards of equity and propriety. The Applicant’s record of service included one 6105 counseling retention warning ( for unauthorized absence, UA) , but no evidence of commanding officer nonjudicial punishment (NJP) or trial by courts-martial. The record also indicates the Applicant had received mental health evaluation while in service as a result of depression and suicide attempts/plans, and subsequently received a diagnos is of personality disorder (Borderline Personality Disorder). Although the medical and service records are incomplete, available evidence indicates the Applicant was administratively processed for separation due to P ersonality D isorder. The NDRB did not have the Applicant’s administrative separation package available to determine whether s he exercised or waived her rights to consult with a qualified counsel and submit a written statement . The Applicant was separated from the Marine Corps on 20 April 1999 with a General (Under Honorable Conditions) discharge due to Personality Disorder.

: (Decisional) ( ) . The Applicant contends that her previously unknown Bi p olar Disorder contributed to her early separation from service. While in service, t he Applicant was diagnosed with B orderline P ersonality D isorder by a competent and qualified mental health professional. Thus, the NDRB finds that the narrative r eason for d ischarge reflects the Applicant ’ s mental health status at the time of h er discharge and was proper at the time of issuance. Personality Disorder is an accurate narrative description of the reason for the Applicant ’ s discharge. The contention that the personality disorder no longer exists , has been overcome , or is superseded by a post-service diagnosis of Bipolar D isorder does not provide a legitimate basis to revise official records that were accurate at the time of issuance. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the Applicant’s discharge for P ersonality D isorder was proper and , therefore, did not provide a basis for which relief cou ld be granted. Relief denied.

: (Decisional) ( ) . The Applicant contends her post-service achievements warrant consideration for a discharge upgrade. The NDRB considers post-service conduct in order to determine if the misconduct committed during active duty was indicative of the Applicant ’ s character or an aberration. However, there is no law or regulation that provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Normally, to permit relief, a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question. After a detailed review and analysis of the Applicant’s service records, the NDRB found no evidence of significant misconduct while in service. Accordingly , and in conjunction with Issue 3 below, the NDRB determined this issue was not applicable and , therefore, did not provide a basis for which relief could be granted. Relief denied.


: (Board Issue ) ( ) . The Applicant had no misconduct or other significant negative aspects of service. Pursuant to the Marine Corps Separation and Retirement Manual, members may be processed for separation based on a mental health professional ’ s clinical diagnosis of a P ersonality D isorder when the 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 safety or well being of themselves or others. Separation for P ersonality D isorder is not appropriate when separation is warranted for any other reason (e. g., member meets minimum criteria for misconduct processing). Although the Applicant’s records are incomplete, t he available evidence reflects the Applicant met the requirements for administrative separation processing by reason of Convenience of the Government (Personality Disorder) . Since the Applicant ’s record contained no evidence of misconduct or other significant negative aspects , the Board determined there was inequity in the awarding of a General (Under Honorable Conditions) discharge upon her separation from service. Accordingly, the Board found that relief was warranted on the basis of equity , and the characterization of service will be changed to Honorable . Relief granted.

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, medical record and record entries, 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

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