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USMC | DRB | 2012_Marine | MD1201952
Original file (MD1201952.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20120926
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)       20071022 - 20080129     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20080130     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20120605      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 06 D a y ( s )
Education Level:        AFQT: 78
MOS: 0231
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations ( per DD 214):      Rifle LoA (11) CoA

Periods of UA / CONF :

NJP:     SCM:     SPCM:    CC:      Retention Warning Counseling :

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. The Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 1 September 2001 until Present, Paragraph 6210, MISCONDUCT .

 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 complications from non-combat - related P ost-Traumatic Stress Disorder (PTSD) contributed to below - average P roficiency and C onduct markings and drug - related misconduct.

Decision

 Date: 20 1 2 1009            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. T he Board did complete 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 warnings but no nonjudicial punishments (NJPs) or courts-martial for violations o f the Uniform Code of Military Justice (UCMJ ). The Applicant had a pre-service drug waiver for using marijuana prior to entering the Marine Corps acknowledged complete understanding of the Marine Corps Policy Concerning Illegal Use of Drugs on 17 October 2007 . Based on the Applicant’s self- admitted heroin use , her command processed her for administ rative separation. When notified of administrative separation processing using the procedure, the Applicant requested an administrative board hearing , which subsequently recommended the Applicant be separated with a General ( Under Honorable Conditions ) characterization for Misconduct (Drug Abuse) .

: (Decisional) ( ) . The Applicant contends that complications from non-combat - related PTSD contributed to below average P roficiency and C onduct markings and drug - related misconduct. As a result of the Applicant’s claim of PTSD, the Naval Discharge Review Board included a member who is a psychiatrist. Additionally, the service secretary expedited a final decision and accorded the case sufficient priority to achieve an expedited resolution. The Applicant state d that she was sexually assaulted by fellow Marines while in medical recovery at Marine Corps Recruit Depot, Parris Island after completing recruit training. After her transfer to a follow-on school at the Navy and Marine Corps Intelligence Training Center , Virginia Beach , V A, the Applicant made a restricted report (confidential) of rape to the Unit Victim Advocate and started weekly therapy sessions from the Family Advocacy Program. After completing her course of instruction, s he reported to 1 st Marine Air Wing, Okinawa , Japan where a clinical psychologist diagnosed her with non-combat PTSD and started her on bi-weekly therapy sessions and medications. Soon after, the Applicant developed complications from dental surgery and was prescribed opiates fo r pain. Over the course of 5-9 months, the Applicant contended she developed a dependency on prescribed opiates , and her work performance suffered from the frequent medical and mental health appointments and medication s. As a result, her supervisors moved her out of her regular work section.

After two years on Okinawa, the Applicant reported to 1 st Intelligence Battalion, Camp Pendleton, C A . Her PTSD and drug abuse increased until her command referred her to substance dependency treatment at the Point Loma Substance Abuse Rehabilitation Program . She comple ted the treatment but relapsed with heroin use that she admitted to her unit Substance Abuse Control Officer and attempted suicide by overdosing on prescribed medication s . The Applicant was then sent to Aurora Behavioral Health Center for intensive Prolonged Exposure treatment. As a result of her self-admitted heroin use, her unit processed her for separation due to Misconduct (Drug Abuse) with a recommended characterization of service Under Other Than Honorable Conditions. The Applicant exercised her right to an administrative separation board, which found that the preponderance of the evidence proved all acts or omissions alleged in the notification and recommended the Applicant’s separation from the Marine Corps with a General (Under Honorable Conditions) characterization of service. The Separation Authority (CG, I MEF) reviewed the findings, noted that he considered her diagnosis of non-combat PTSD, and ordered the Applicant to be separated with a General (Under Honorable Conditions) character of service for Misconduct (Drug Abuse).

During her entire Marine Corps service, the Applicant had no misconduct resulting in NJP or court-martial , though she received five 6105 retention warnings related to her work performance . H er PTSD caused by the in-service sexual assault is well-documented, including a restricted report and determinations by clinical psychologists that her substance dependency was directly attributed to the PTSD caused by the sexual assault. As to the 3.7/3.7 Proficiency and Conduct marks over her enlistment, the NDRB noted several errors in assigning such low marks. Errors included instances of improper counseling, including one where the Applicant was marked as being not available for signature, and a lack of NJPs and courts-martial to justify some low marks. After a complete review of the Applicant’s service and medical records, documentation provided by the Applicant, and the circumstances and facts unique to this case, the NDRB determined her severe PTSD caused by an in-service sexual assault mitigated her misconduct, and her discharge, though proper, was inequitable. Therefore, the NDRB voted to upgrade the Applicant’s characterization of service to Honorable and change her Narrative Reason for Separation to Secretarial Authority. Relief granted.

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 change to . 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

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