ex-, USMC

Current Discharge and Applicant’s Request

Applicant’s Request:     Characterization change to:     
         Narrative Reason change to:      MEDICALLY RETIRED AND/OR POST-TRAUMATIC STRESS DISORDER

Summary of Service

Prior Service:
Inactive:        USMCR (DEP)      20030623 - 20040613     Active: 

Period of Service Under Review:
Date of Current Enlistment: 20040614    Age at Enlistment:
Period of Enlistment: Years Months
Date of Discharge: 20060623     Highest Rank:
Length of Service: Year(s) Month(s) 10 Day(s)
Education Level:        AFQT: 65
MOS: 1371
Proficiency/Conduct Marks (# of occasions): () / ()   Fitness Reports:

Awards and Decorations (per DD 214):     Rifle

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:                  Other Documentation:    
                  Additional Statements:
         From Applicant:           From/To Representation:           From/To Congress member:        

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 an upgrade in order to receive service benefits and enhance employment opportunities.
2.       The Applicant contends that the he was discharged due to Post-Traumatic Stress Disorder and not Personality Disorder as annotated on his DD Form 214.
3.       The Applicant contends his discharge was improper as he was too hastily discharged to properly prepare for his transition to civilian life.
4.       (Board Issue) The Applicant’s record of service does not contain any documentation of misconduct that would warrant a General (Under Honorable Conditions) discharge.

Decision


Date: 20141204           Location: Washington D.C.        Representation:

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 stated that he was diagnosed with PTSD related to his combat service in Iraq. The Applicant’s service record documents completion of a deployment to Fallujah, Iraq from September 2005 to March 2006, conducting combat service 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 governmental affairs 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 standards of equity and propriety. The Applicant’s record of service included no 6105 counseling warnings and no misconduct resulting in nonjudicial punishment or court-martial. Based on the Applicant’s diagnosis of personality disorder by competent medical authority, command administratively processed for separation. When notified of administrative separation processing using the procedure, the Applicant rights to consult with a qualified counsel.

: (Nondecisional) The Applicant seeks an upgrade in order to receive service benefits and enhance 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. 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.

: (Decisional) () . The Applicant contends that the he was discharged due to Post-Traumatic Stress Disorder and not Personality Disorder as annotated on his DD Form 214. The NDRB requested all records of medical treatment, both active duty and post-service, from the VA. The records received from the VA documented mental health issues beginning during his deployment to Fallujah, Iraq. The Applicant’s in-service medical record shows that while deployed he reported feelings of depression, suicidal ideations, and homicidal ideations towards members of his unit. Psychological notes dated 4 May 2006 state he was initially diagnosed and provided treatment for Adjustment Disorder and Depressed Mood, that he still maintained homicidal ideations towards members of his command but denied having a plan to carry out any homicidal actions, and reported a pre-service history of being expelled from school four times for fighting, a history of adolescent stealing, running away from home once, and arson to include setting “a house on fire to get rid of people he ‘hates’.” Qualified medical personnel provided him treatment from the onset of his symptoms until his return to Camp Lejeune and modified his Axis I from Adjustment Disorder to Combat Stress Reaction on 4 May 2006. Medical provider notes in theater document his diagnosis reverting back to Adjustment Disorder with Mixed Disturbance of Emotions and Conduct before departing Iraq noting his discontinuance of his prescribed medication after stating “I believe in doing the stuff on my own.”

Post-deployment the Applicant was referred to mental health and combat stress for continued treatment and evaluation. During the Applicant’s post-deployment treatment the Division Psychologist diagnosed him with Personality Disorder, Not Otherwise Specified, with Cluster B Traits due to his continued threats of harming both himself and others. The Division Psychologist noted that the Applicant posed an immediate danger to himself and others and recommended an expeditious separation due to his Personality Disorder. His command followed the advice of the Division Psychologist and processed the Applicant for immediate separation.

Post-service mental health documentation shows the Applicant has received services from the Department of Veterans Affairs (VA) since his discharge in 2006 with a noted two year period without treatment ending in 2009. While the NDRB notes that VA records show treatment for PTSD by VA providers starting in November 2009 there is an inconsistency in his VA treatment ratings in that he has never been rated as having service connected PTSD during an official VA rating. The Applicant’s 14 August 2013 VA rating, the most current rating available to the NDRB, shows his mental health diagnosis and rating as Depression, with symptoms of anxiety, fatigue, sleeplessness, and memory loss. The NDRB determined that personality disorder was an accurate narrative description of the reason for the Applicant’s discharge. There is no evidence that the Applicant was improperly diagnosed. 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 Board for Correction of Naval Records can grant this type of narrative reason change. Relief denied.

: (Decisional) () . The Applicant contends his discharge was improper as he was too hastily discharged to properly prepare for his transition to civilian life. Pursuant to Marine Corps Separation and Retirement Manual (MARCORSEPMAN) 6203.3, members may be processed for separation based on a mental health professional’s clinical diagnosis of 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 06 June 2006, the 2d Marine Division, Division Psychologist conducted a mental health evaluation on the Applicant, diagnosed him with Personality Disorder, Not Otherwise Specified, with Cluster B Traits and recommended expeditious separation from the Marine Corps. It was determined that he manifests a longstanding disorder of character, behavior, and adaptability. Due to the severity of his condition, immediate separation, vice long-term treatment, was warranted since his continuation on active duty represented a risk to himself and others. The NDRB concluded that relief based on this issue was not warranted. Relief denied.

4: (Decisional) (Board Issue) () . The Applicant’s record of service does not contain any documentation of misconduct that would warrant a General (Under Honorable Conditions) discharge. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant’s service. By majority rule, the NDRB voted to upgrade the Applicant’s discharge; by unanimous vote, the narrative reason for the discharge, Personality Disorder, shall remain as issued. Partial 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 change to HONORABLE 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