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USMC | DRB | 2013_Marine | MD1301843
Original file (MD1301843.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20130920
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)       20040824 - 20050626     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20050627     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20060728      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 02 D a y ( s )
Education Level:        AFQT: 70
MOS: 6111
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations (per DD 214):      Rifle

Periods of CONF :

NJP:    SCM:     SPCM:    CC:

Retention Warning Counseling :

- 20060309 :       For being diagnosed with Dysthymia (E xisted Prior to Service ) and Borderline Personality Disorder (E xisted Prior to Service ) by the Naval Hospital Pensacola, FL.

- 20060620 :       For your deficiency of having a Personality Disorder.

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 seeks to have his RE-code changed so he can reenlist.
2.       The Applicant contends a medical board and command in Pensacola found him fit for duty.
3.       The Applicant contends a doctor post-service concluded that he was improperly diagnosed.

Decision

Date: 20140417            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’s record of service included 6105 counseling warnings . Based on the Applicant ’s diagnosis of Borderline Personality Disorder , command administratively processed for separation. When notified of a dministrative separation processing using the procedure, the Applicant rights to consult with a qualified counsel and submit a written statement .

: (Nondecisional) The Applicant seeks to have his RE-code changed so he can reenlist. Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Marine Corps or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the B oard for Correction of Naval Records can make changes to RE-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 waiver request can be submitted during the processing of a n application for reenlistment through a recruiter. If the Applicant believes he was improperly diagnosed, he can submit post-service documentation to a recruiter and ask for a waiver to be submitted up the chain of command.

: (Decisional) ( ) . The Applicant contends a medical board and command in Pensacola found him fit for duty. The record clear l y shows the Applicant was diagnosed by competent medical authorities with Borderline Personality Disorder and had multiple suicide attempts in-service that warranted an expeditious administrative separation. The NDRB could not find any record of him being found fit for duty following his Personality Disorder diagnosis. However, the medical record dated 13 February 2006 describes that the patient was transferred from West Florida Pavilion Hospital near Pensacola, Florida to Naval Medical Center Portsmouth, Virginia. The Applicant’s medical record shows he had “a persistent life long history of depression ” and that “he was seen by a psychologist for ADHD and depression from 9-12 th grade and was treated with Zoloft and Concerta … . H e admitted to previous suicidal thoughts during high school . ” The Applicant revealed none of this pre-service mental health history on his enlistment documentation.

T he NDRB presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. A General (Under Honorable Conditions) discharge is warranted when the quality of the member’s service has been honest and faithful but significant negative aspects of the member’s conduct or performance of duty outweighed the positive aspects of the member’s service record. The record shows that when the Applicant was notified of administrative separation processing on 26 June 2006, he declined to contest his commanding officer’s recommendation that he be separated with a characterization of General (Under Honorable Conditions) . In addition, t he Commanding Officer, Center for Naval Aviation Technical Training Marine Unit, New River letter dated 26 June 2006 enclosed a statement of the Applicant’s immediate supervisors as part of the facts and circumstances supporting the basis for the Applicant’s discharge and the recommended characterization of General (Under Honorable Conditions) . Unfortunately, the NDRB did not have the enclosed statement of the Applicant’s immediate supervisors . The Applicant did not provide any evidence demonstrating that the Separati on Authority erred when assigning the characterization of General (Under Honorable Conditions) . Therefore, the NDRB must presume regularity in the conduct of Government affairs that the Applicant’s service

was honest and faithful but significant negative aspects of his conduct or performance of duty outweighed the positive aspects . After a complete review of the records, the NDRB determined his discharge was proper and presumed regularity that the characterization of General (Under Honorable Conditions) was warranted. Relief denied.

: (Decisional) ( ) . The Applicant contends a doctor post-service concluded that he was improperly diagnosed. The Applicant did not provide the referenced post-service mental health examination. However, his Department of Veterans Affairs medical records show that he has had extensive post-service mental health and substance abuse issues and treatment. 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 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 the safety or well-being of themselves or others. The medical record dated 13 February 2006 shows the Applicant was diagnosed with B orderline P ersonality D isorder (E xisted Prior to Service ) in crisis (primary). The NDRB found no evidence, nor did the Applicant provide any, to indicate he had overcome his deficiencies due to having a P ersonality D isorder 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, 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. 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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