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: Docket No. MD13-00913
a e  OCKEL INGO. NEDIS-OO913

ex-LCpl, USMC
CURRENT DISCHARGE AND APPLICANT'S REQUEST

Application Received: 20130329

Characterization of Service Received: (per DD 214} HONORABLE

Narrative Reason for Discharge: (corrected) PERSONALITY DISORDER

Authority for Discharge: (per DD 214) MARCORSEPMAN 6203.3 [PERSONALITY DISORDER]

Applicant’s Request: Characterization change to: NONE REQUESTED
Narrative Reason change to: REQUESTED, BUT NOT SPECIFIED

SUMMARY OF SERVICE
Prior Service:
Inactive: USMCR (DEP) 20010228 - 20010909 COG Active: NONE
Period of Service Under Review:
Date of Current Enlistment: 20010910 Age at Enlistment: 18
Period of Enlistment: 4 Years 0 Months
Date of Discharge: 20030429 Highest Rank: LANCE CORPORAL
Length of Service: 01 Year(s) 07 Month(s) 20 Day(s)
Education Level: 12 AFQT: 56
MOS: 6541

Proficiency/Conduct Marks (# of occasions): 4.7 (3) / 4.7 (3) Fitness Reports: NOT APPLICABLE

Awards and Decorations (per DD 214): Rifle EX NDSM COC

Periods of UA/CONF: NONE

NIP: NONE SCM: NONE SPCM: NONE CC: NONE .

Retention Warning Counseling: |

~ 20030418: For being diagnosed with Major Depression and manifesting a longstanding disorder of character and
behavior, which is of such severity as to render you inadequate to serve in the USMC as supported by
LCDR C_, USN, Clinical Psychologist.
ADMINISTRATIVE CORRECTIONS TO THE APPLICANT’S DD 214
The NDRB did note administrative error(s) on the original DD Form 214:

Block 28, Narrative Reason for Separation, should read: “PERSONALITY DISORDER”

The NDRB will recommend to the Commandant of the Marine Corps that the DD 214 be corrected as appropriate.

TYPES OF DOCUMENTS SUBMITTED/REVIEWED
Related to Military Service:

DD 214: ix Service/Medical Record: [X] Other Records: CJ
Related to Post-Service Period:

Employment: C) Finances: C) Education/Training: C]

Health/Medical Records: [] — Rehabilitation/Treatment: ["] Criminal Records: CI

Personal Documentation: [] Community Service: OC References: |

Department of VA letter: [] Other Documentation: § [[]

Additional Statements:

From Applicant: CI From/To Representation: [[] From/To Congress member: oO

Key: NFIR - Not found in record RESTR - Restriction NIP - Nonjudicial punishment SCM - Summary court-martial
SPCM - Special court-martial FOP - Forfeiture of pay RIR - Reduction in rank EPD - Extra duties

CONF - Confinement CC - Civilian conviction CCU - Correctional Custody Unit CBW - Confinement on bread and water
— Docket No. MD13-00913
eee oer No. MID 13-00913

- DEPARTMENT OF THE NAVY
_ NAVAL DISCHARGE REVIEW BOARD (NDRB)
“DISCHARGE REVIEW DECISIONAL DOCUMENT

APPLICANT’S ISSUES

1. The Applicant seeks to improve his employment opportunities.
2. The Applicant contends he never had a Personality Disorder.

DECISION
Date: 20131114 DOCUMENTARY REVIEW Location: WASHINGTON D.C. Representation: NONE

By a vote of 5-0 the Characterization shall remain HONORABLE.
By a vote of 5-0 the Narrative Reason shal! remain PERSONALITY DISORDER.

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 governmental 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 one 6105 counseling warning. Based
on the Applicant’s diagnosis of Personality Disorder, his command administratively processed him for separation. When

notified of administrative separation processing using the notification procedure, the Applicant waived his rights to consult with
a qualified counsel and submit a written statement. ,

Issue 1; (Nondecisional) The Applicant seeks to improve his employment opportunities. The NDRB has no authority to

upgrade a discharge for the sole purpose of enhancing employment opportunities. Regulations limit the NDRB’s review to a
determination of the propriety and equity of the discharge.

Issue 2: (Decisional) (Propriety) RELIEF NOT WARRANTED. The Applicant contends he never had a Personality Disorder.
The Applicant submitted a post-service letter from a Doctor of Medicine that stated the Applicant had been a patient of his
since 31 August 2004 and that he had never known the Applicant to show any signs, symptoms, or traits that would suggest he
in anyway has a Personality Disorder. The Applicant’s service record, however, clearly shows the Applicant was diagnosed in-
service with a Dependent Personality Disorder. Pursuant to Marine Corps Separation and Retirement Manual 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 the safety or well being of themselves or others. The NDRB found no evidence, nor did the Applicant
provide substantial evidence, to indicate he had overcome his deficiencies due to having a personality disorder while still in the

service. 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. Relief denied.

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, service record
entries, and discharge process, the Board found the discharge was proper and equitable. Therefore, the awarded
characterization of service shall remain HONORABLE and 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 for additional information.

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.
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Docket Ne. MD13-00913
OO waa eee cet No. MD13-00913

ADDENDUM: Information for the Applicant

Complaint Pracedures: 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 pranted 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 obtaming veterans benefits and this issue does not serve to provide a foundation upon which the
Board can prant 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
geod 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 2 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-invelvement with civil authorities, evidence of financial stability or ietters 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.

tissues Concerning Bad-Conduct Discharges (BCD). Because relevant and materiat 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 lentency 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