Search Decisions

Decision Text

USMC | DRB | 2011_Marine | MD1101688
Original file (MD1101688.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20110628
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)       20040720 - 20050710     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20050711     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20060915      H ighest Rank:
Length of Service : Y ea r M on ths 05 D a ys
Education Level:        AFQT: 54
MOS: 1171
Proficiency/Conduct M arks (# of occasions): /         Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle SS GWOTSM NDSM

Periods of UA / CONF :

NJP: NONE SCM: NONE SPCM: NONE CC: NONE

Retention Warning Counseling : 2

- 20060419 :       For diagnosis of personality disorder

- 20060707 :       For personality disorder: be at appointed place of duty, do not drink alcohol, and refrain from conduct which may discredit yourself and your unit

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 he was discharged for a mental condition that he d oes not have.
2.       The Applicant contends he should have been discharged for his knee issues.

Decision

Date : 20 1 2 0822            Location: Washington D.C .         R epresentation : NONE

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’s record of service included two 6105 counseling warnings. The Applicant was administratively processed for separation by his command following a diagnosis of Personality Disorder with severe personality pathology that existed prior to his enlistment. When notified of a dministrative separation processing using the notification procedure, the Applicant waived his rights to consult with a qualified counsel, submit a written statement, and request a review by the General Court-Martial Convening Authority .

: (Decisional) ( ) . The Applicant contends he was discharged for a mental condition he does not have. Pursuant to Marine Corps Separation and Retirement Manual (MARCORSEPMAN) paragraph 6203.3, members may be processed for separation based on a mental health professional’s clinical diagnosis of a personality disorder 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. On 28 Feb 06, the Applicant was diagnosed with severe personality pathology that existed prior to enlistment in the context of severe chronic sexual abuse, traumatic stress and instability, chronic behavior problems, and chronic suicidal ideations by a staff psychologist from the Camp Lejeune Mental Health Division. The NDRB determined there was no impropriety with the discharge . However, the MARCORSEPMAN states that the characterization of service for discharge due to personality disorder should be Honorable unless General is warranted. During the Applicant’s 14 months of service, he had no NJPs, courts-martial, retention warnings that involved misconduct or negative performance , or other significant negative aspects of service that would warrant a General discharge. Therefore, the NDRB determined that the Applicant’s characterization of service will change to Honorable with no change to the narrative reason for separation. Relief granted.

 : (Decisional) ( ) . The Applicant contends he should have been discharged for his knee issues. There is no indication in the evidence of record or in the documentation submitted by the Applicant that the Applicant was recommended for or processed for a medical board or discharge for knee problems. Rather, the Applicant was diagnosed with a personality disorder and was properly discharged. Relief denied.
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 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), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 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 | 2012_Marine | MD1201814

    Original file (MD1201814.rtf) Auto-classification: Denied

    Relief denied.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 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. ” Additional Reviews : After a document review has been conducted, former members are...

  • USMC | DRB | 2009_Marine | MD0902377

    Original file (MD0902377.rtf) Auto-classification: Denied

    Based on several mental health evaluations, the Applicant’s command administratively processed her for separation. The NDRB voted unanimously to upgrade the characterization of the discharge to Honorable.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 and the narrative reason for separation shall remain PERSONALITY...

  • USMC | DRB | 2010_Marine | MD1000243

    Original file (MD1000243.rtf) Auto-classification: Denied

    Decision Date: 20101220Location: Washington D.C.Representation: Veterans of FOREIGNwars 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. discharge. ” Additional Reviews : After a document review has been conducted, former members are eligible...

  • USMC | DRB | 2010_Marine | MD1001154

    Original file (MD1001154.rtf) Auto-classification: Denied

    Additionally, throughout the periods of treatment by both medical and mental health care providers, the Applicant displayed no misconduct and received proficiency and conduct markings of 4.6/4.6 and 4.5/4.6.The NDRB reviewed all of the available records, supporting documents, facts, and elements of the discharge, evidence submitted by the Applicant, and the circumstances unique to this case. Summary : After a thorough review of the available evidence, to include the Applicant’s summary of...

  • USMC | DRB | 2010_Marine | MD1001148

    Original file (MD1001148.rtf) Auto-classification: Denied

    The diagnosing Psychologist clearly specified that the Applicant did not have a severe mental disorder and was not considered to be mentally disordered; as such, administrative discharge, vice a medical evaluation board with disability, was proper and was 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...

  • USMC | DRB | 2012_Marine | MD1201597

    Original file (MD1201597.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. ” 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 | 2010_Marine | MD1001928

    Original file (MD1001928.rtf) Auto-classification: Denied

    The record of evidence reflects that the Applicant met the requirements for administrative separation due to Convenience of the Government (Personality Disorder) and that he had no misconduct of record. The NDRB voted unanimously to upgrade the characterization of the discharge to Honorable but to keep the narrative reason for separation to Personality Disorder. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing,...

  • USMC | DRB | 2013_Marine | MD1300100

    Original file (MD1300100.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB determined there was no impropriety with the discharge, and no other narrative reason for separation more clearly describes why the Applicant was discharged. ” Additional Reviews : After a document review has been conducted, former members are eligible for a...

  • USMC | DRB | 2011_Marine | MD1102145

    Original file (MD1102145.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: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...

  • USMC | DRB | 2015_Marine | MD1500941

    Original file (MD1500941.rtf) Auto-classification: Denied

    The NDRB found no evidence, nor did the Applicant provide any, to indicate he had overcome his deficiencies due to having a personality disorder while still in the service and no post-service documentation of treatment or personal history was included with his application or mentioned in his Department of Veterans Affairs records. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is...