Search Decisions

Decision Text

USMC | DRB | 2014_Marine | MD1401148
Original file (MD1401148.rtf) Auto-classification: Denied

ex-, USMC
Current Discharge and Applicant’s Request
Application Received: 20140602
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MARCORSEPMAN

Applicant’s Request:      Characterization change to:
         Narrative Reason change to: POST-TRAUMATIC STRESS DISORDER

Summary of Service

Prior Service:
Inactive:         USMCR (DEP)       20030418 - 20030601     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20030602     Age at Enlistment:
Period of E nlistment : Years Months
Date of Discharge: 20060524      H ighest Rank:
Length of Service : Y ea r ( s ) M on th ( s ) 23 D a y ( s )
Education Level:        AFQT: 42
MOS: 3533
Proficiency/Conduct M arks (# of occasions): ( ) / ( )    Fitness R eports:

Awards and Decorations (per DD 214):      Rifle (3)

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. 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 should have been g ranted a permanent disability retirement due to his diagnosed P ost- T raumatic S tress D isorder (PTSD).
2.       The Applicant contends his narrative reason for separation was improper as he clearly was not suffering from a P ersonality D isorder before his enlistment.

Decision

 Date: 20 1 4 0807           Location: Washington D.C .         R epresentation :

By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall .

Discussion

 As a result of the Applicant’s claim of PTSD, in accordance with U.S. Code, Title X, Section 1553 (d)(1), the Naval Discharge Review Board included a member who is a physician, clinical psychologist, or psychiatrist. In accordance with section 1553 (d)(2), the service secretary expedited a final decision and accorded the case sufficient priority to achieve an expedited resolution. The Applicant’s service record documents completion of two deployment s to Iraq from February to April 2004 and September 2004 to March 2005 , conducting combat support operations in support of Operation IRAQI FREEDOM.
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 Board did complete a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent sta ndards of equity and propriety. The Applicant’s record of service includ ed no 6105 counseling warnings and no misconduct resulting in nonjudicial punishment or court-martial. Based on the Applicant’s diagnosis of a P ersonality D isorder by competent medical authority, command administratively processed for separation. When notified of a dministrative separation processing using the procedure, the Applicant right to consult with a qualified counsel but waived his right to submit a written statement to the Separation Authority .

: ( D ecisional) (Propriety) RELIEF NOT WARRANTED. The Applicant contends he should have been granted a permanent disability retirement due to his diagnosed P TSD. The Applicant states that he was pending, but did not go before, a medical or physical evaluation board. Per regulations, the initiation and submission of medical boards are at the discretion of the individual physician. 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 by proper authority. Further, the evidence of record does not indicate that proper authority erred by not initiating a me dical board for the Applicant.

T he NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or other medical-related reasons. Unless substantial and credible information exists to rebut the medical authority’s findings that occurred at or about the time of the Applicant’s separation from service, the NDRB does not have jurisdictional authority to override medical authority diagnoses or findings that result in administrative separation. Only the Board for Correction of Naval Records (BCNR) can grant this type of narrative reason change. The Applicant can apply to the BCNR using DD Form 149. Relief denied.

: (Decisional) ( ) . The Applicant contends his narrative reason for separation was improper as he clearly was not suffering from a P ersonality D isorder before his enlistment. 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. On 10 April 2006 , two staff psychologist s from the Camp Pendleton Mental Health Division , each of

wh om was assisted by either a psychiatric nurse practitioner or a licensed clinical social worker , diagnosed the Applicant w ith a Personality Disorder Not Otherwise Specified with Antisocial Features. 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. His post-service mental health evaluation s were conducted by the Department of Veterans Affairs (VA) within months after being separated, which the NDRB determined was an acceptable period to have relevance on his in-service diagnosis. The VA diagnosis of the Applicant focused solely on his PTSD and found no diagnosis of P ersonality D isorder during his examinations. Further, the VA, over the course of the Applicant’s treatment, increased his disability percentage from 30% to 100% for PTSD. While this diagnosis may seem to contradict his final in-service diagnos is of Personality Disorder, the NDRB found P ersonality D isorder wa s an accurate narrative description of the reason for the Applicant’s administrative discharge and took note that he was also diagnosed with PTSD at the time of his discharge . There is no evidence that the Applicant was improperly diagnosed with a Personality Disorder . The NDRB determined his discharge was conducted properly, was in full accordance with the rules and regulations concerning expeditious separation processing , 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

Similar Decisions

  • NAVY | DRB | 2014_Navy | ND1400086

    Original file (ND1400086.rtf) Auto-classification: Denied

    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 for PTSD by proper authority. The NDRB determined his discharge for Personality Disorder was proper, 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 personal...

  • USMC | DRB | 2011_Marine | MD1100941

    Original file (MD1100941.rtf) Auto-classification: Denied

    However, the Applicant’s record of service and medical records document that appropriately credentialed mental health care providers diagnosed the Applicant with a severe Personality Disorder, Not Otherwise Specified (with Cluster B and Immature Features) and that he was recommended for an expeditious separation due to continued risk of harm to himself and to others.The Applicant’s service record and medical record document the identification, diagnosis, treatment, and eventual...

  • NAVY | DRB | 2013_Navy | ND1300450

    Original file (ND1300450.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, discharge process, and testimony, the Board found Therefore, the awarded characterization of service shall but the narrative reason for separation shall change to with a corresponding Separation Code change to JFF. ” Additional Reviews :...

  • USMC | DRB | 2014_Marine | MD1400445

    Original file (MD1400445.rtf) Auto-classification: Denied

    Based on the Applicant’s diagnosis of Personality Disorder, command administratively processed for separation. After a complete review of the service and medical records and the post-service VA medical documentation, the NDRB determined his discharge for Personality Disorder was proper. ” 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...

  • NAVY | DRB | 2013_Navy | ND1301244

    Original file (ND1301244.rtf) Auto-classification: Denied

    The Applicant was afforded the opportunity to rebut his administrative separation at the time of notification, but he waived his rights and accepted his command’s recommendation of an Honorable discharge for Personality Disorder.However, per MILPERSMAN Article 1910-122, “separation for personality disorder is not appropriate when separation is warranted for any other reason….” With the Applicant’s diagnosis of Adjustment Disorder and recommendation for separation, he met the requirements for...

  • USMC | DRB | 2012_Marine | MD1200798

    Original file (MD1200798.rtf) Auto-classification: Denied

    Having reviewed the documentation of record, the NDRB determined that the clearly diagnosed Personality Disorder was differentiated from any combat-related PTSD; as such, it was proper and equitable as issued and does not warrant change.Given the Applicant’s performance and conduct issues since enlistment, coupled with his inability to conform, the Separation Authority determined that the discharge recommendation of Personality Disorder was appropriate and that continued retention was not...

  • NAVY | DRB | 2014_Navy | ND1401067

    Original file (ND1401067.rtf) Auto-classification: Denied

    Based on the Applicant’s diagnosis of Personality Disorder by competent medical authority, command administratively processed for separation. ” 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 | 2012_Marine | MD1201124

    Original file (MD1201124.rtf) Auto-classification: Denied

    Based on the recommendation of competent medical authority, the Applicant’s command administratively processed for separation due to a diagnosis of Personality Disorder, not otherwise specified, with Cluster B features. 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...

  • USMC | DRB | 2012_Marine | MD1201106

    Original file (MD1201106.rtf) Auto-classification: Denied

    Representation: 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. Full relief by changing the Personality Disorder narrative reason was not granted due to competent medical authority diagnosing the Applicant while in service.Summary: After a...

  • NAVY | DRB | 2010_Navy | ND1001558

    Original file (ND1001558.rtf) Auto-classification: Denied

    Therefore, the NDRBpresumesregularity in that he was recommended for expeditious administrative separation, which would not have required the Applicant to be counseled for having a personality disorder or time to overcome it.The Applicant’s post-service mental health evaluation and diagnosis of PTSD due to MST was conducted more than 14 years 9 months after being separated and has no bearing on the in-service diagnosis.The Board determined that the Narrative Reason for Separation reflects...