ex-LCPL, USMC
MD06-01046

Current Discharge and Applicant’s Request:

Application Received:  				20060614
Narrative Reason for Separation:			
Character of Service:				
Discharge Authority:				MARCORSEPMAN 6203.3
Last Duty Assignment/Command at Discharge:	2DTSBN 2DFSSG USMARFORLANT

Applicant’s Request:
	Narrative Reason change to: 		NONE REQUESTED
	Characterization change to:		
	Review Requested:			
Representation:  					

Decision:

Date of Decision:					20070614
Location of Board:				Washington D.C.
Complete Service Record:				YES
Complete Medical Record:			YES
Complete Discharge Package:			YES
Regarding propriety, the Board found the discharge:	
Regarding equity, the Board found the discharge:	EQUITABLE

By a vote of  the Characterization shall  GENERAL (UNDER HONORABLE CONDITIONS)
By a vote of  the Narrative Reason shall  PERSONALITY DISORDER

Summary of Service:

Prior Service:
Inactive: USMCR (DEP)				20011002 - 20011216 
Active:   NONE
Period of Service Under Review:
Date of Enlistment:  				20011217
Years Contracted:  				;   
Date of Discharge:				20030214
Length of Service:				01  Yrs  01  Mos  28  Days
Time Lost During This Period:			

Education Level:  				
Age at this Enlistment:  				
AFQT:  						36
MOS:						3112
Highest Rate/Rank:				LCPL

Performance Evaluation Averages (number of marks):
Proficiency:					4.2
Conduct:					4.2

Awards and Decorations (as listed on the DD Form 214):
NATIONAL DEFENSE SERVICE MEDAL, RIFLE EXPERT BADGE

Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

20020613:	NJP for violation(s) of UCMJ:
	Article 121:  At or about 1935, 20020601, you were caught stealing money from a table at Ft. Eustis Bowling Alley that was left behind by an Army Solider as a tip.
	Award:  Forfeiture of $289 for 1 month, restriction for 7 days, extra duty for 14 days, reduction to E-1.  Reduction suspended for 2 months.
	Not appealed.

20021127:	Counseling:  Advised of deficiencies in performance and conduct (Personality disorder).  Based on your demonstrated deficiencies and an evaluation by competent medical personnel, you have been diagnosed as having a personality disorder that significantly impairs your ability to function effectively in the military environment.  Necessary corrective actions explained, sources of assistance provided, and advised being recommended for administrative separation.

20021219:	Counseling:  Advised of deficiencies in performance and conduct (Severe personality disorder).  Based on your demonstrated deficiencies and an evaluation by competent medical personnel, you have been diagnosed as having a personality disorder that significantly impairs your ability to function effectively in the military environment.  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

20021227:	Counseling:  Advised of deficiencies in performance and conduct (Severe personality disorder).  Based on your demonstrated deficiencies and an evaluation by competent medical personnel, you have been diagnosed as having a personality disorder that significantly impairs your ability to function effectively in the military environment.  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation
[Briefers complete for medical related d/c only (PD, Condition ND, etc.)

20021025:	Mental Health Clinic visit:  Applicant referred to Emergency Room for continued treatment of depression which initiated at his previous command.
	Diagnosis:
	AXIS I: Depressive disorder, not otherwise specified versus dysthmic disorder versus adjustment disorder with depression.
	AXIS II: Borderline traits, rule-out personality disorder.
	AXIS III: None.
	AXIS IV: Active duty military service and history of emotional abuse.
	AXIS V: Global assessment of functioning:  65 at present time.
	Recommendations:
	1. Informed consent was obtained to continue with Zoloft at higher dose of 200 mg PO q day.  Risks, benefits and side effects discussed with the applicant.  The applicant currently has no side effects from Zoloft.
	2. Informed consent was also obtained to start the applicant on Wellbutrin SR 150 mg PO q morning for one week which was to be increased to b.i.d. as tolerated.  There are no contraindications to start this applicant on Wellbutrin including no history of seizure disorder or electrolyte abnormalities.
	3. Abstain from alcohol use.
	4. Continue with individual counseling which the Applicant has started at the Community Counseling Center.
	5. Also recommend marital counseling.
	6. Fitness for duty.  Currently the Applicant is considered Fit for Full Duty although discussed with Applicant it would be in his best interest not to have any access to weapons until next follow-up where the Applicant will be assessed for response to antidepressants and full recommendation for his access to weapons will be discussed at that time.
	7. Applicant was in agreement with the current treatment plan.
	8. Emergency precautions in place.
	9. Follow-up in four weeks or sooner as needed.

20021113:	Mental Health Clinic visit: Applicant seen on walk in basis regarding Fitness for Duty evaluation per Doctor H_.  Applicant’s command was consulted regarding the Applicant’s current occupational functioning.  According to the Applicant’s command, the applicant has not been able to function well due to his significant mood swings and low motivation for continued active duty service.  As a result the Applicant was informed that he will be recommended for administrative separation based on his personality disorder.  The Applicant was in agreement to be discharged from the military, however, feels that the Marine Corps contributed to his depression and therefore he should receive medical benefits.  However, the Applicant was informed that the personality disorder is long standing pattern of behavior which has been present since early childhood especially in the context of significant childhood abuse that he has suffered and as a result he would not receive any medical benefits through the military.  However, the Applicant was encouraged to follow up with the Veteran’s Administration upon discharge from the military and request medical follow-up treatment.  The Applicant was in agreement with this recommendation and agreed to follow-up with the Mental Health Clinic for medication management until his discharge from the military.
	Impression:
	AXIS I:  Depression, not otherwise specified, existing prior to enlistment, partner relationship problems, occupational problems.
	AXIS II:  Personality disorder, not otherwise specified, with borderline and antisocial features.
	AXIS III:  None.
	AXIS IV:  None.
	AXIS V:  None.
	Recommendation:  Reassignment to administrative duties without access to firearms over the next 30 days pending further assessment and counseling.

20021113:	Commanding Officer, Naval Hospital, Camp Lejeune, NC concluded Applicant suffers from a personality disorder that is so severe that the Marine’s ability to function effectively in the military is significantly impaired.  Applicant is not mentally ill and is responsible for his behavior, however does manifest a long-standing disorder of character and behavior which is of such severity as to interfere with his ability to function effectively in the military environment.  The Applicant poses an imminent risk to do harm to self or others and negatively impact unit effectiveness and morale if retained.  Therefore, it is strongly recommended that a 6105 entry be waived and the Applicant be expeditiously processed for an administrative discharge.

Elements of Discharge:  [INVOLUNTARY]

Discharge Process:				
Date Notified:					20021217
Basis for Discharge:				

Least Favorable Characterization:			
Commanding Officer’s Intended Recommendation:	
Record Supports Narrative Reason:			YES
Date Applicant Responded to Notification:		20021217
Rights Elected at Notification:
Consult with Counsel			
Administrative Board			
Obtain Copies	  			
Submit Statement(s) (date)			  

Recommendation of Commanding Officer (date):	 (UNDER HONORABLE CONDITIONS) (20030206)
SJA review (date):				  (20030210)
Discharge directed by (date):			COMMANDER, 2D FORCE SERVICE SUPPORT GROUP (20030211)
Narrative reason directed:				
Characterization directed:				 (UNDER HONORABLE CONDITIONS)
Date Applicant Discharged:			20030214 

Additional Information Considered by Board

Type of documentation submitted by the Applicant and considered by the Board
       
       	Document Type					#Pages
       Related to Period of Service Under Review:
	Service/Medical Record:				1
	Other Period of Service:				0
       Related to Post-Service Period:
	Community Service:				0
	Education:					0
	Employment:					0
	Health/Medical:					0
	Character Statements:				0
	Criminal Records Checks:				0
	Additional Statements from Applicant:		0
        Other Documentation	 (Describe Below)		1

        Total Number of Pages:				2

       Description of Other Documentation:
       Department of Veterans Affairs decision on claim for dependency, dated June 8, 2006

Applicant’s Issues, as summarized by the Board:
1.  Post service diagnosis now entitles me to 100% VA disability rating.  

Decisional Issues:
The Board accepted Issue 1 for consideration.

Issue 1 (Equity).  When reviewing a discharge, the NDRB does consider the extent to which a medical problem might affect an Applicant’s performance and ability to conform to the military’s standards of conduct and discipline.  The NDRB generally does not consider the circumstances surrounding the Applicant’s stated condition, the implied incorrect diagnosis, the medical treatment given to the Applicant, or the VA’s disability rating to be of sufficient nature to exculpate the Applicant’s misconduct.  When a Marine’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions.  A general (under honorable conditions) discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record.  The Applicant’s service was marred by the award of nonjudicial punishment (NJP) on one occasion for a violation of the Uniform Code of Military Justice (UCMJ) Article 121 and three retention warnings.  An upgrade to honorable would be inappropriate.  Relief denied

In reviewing discharges, the Board 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.  After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

Minority Opinion

None

Pertinent Regulation/Law

A.  The Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 01 Sep 2001 until Present, Paragraph 6203.3, PERSONALITY DISORDER.

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.

C.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 121, Larceny.

ADDENDUM:  Information for the Applicant

Complaint Procedures:  If you believe that 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.  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:  Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the 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.  If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits:  The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board.  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 Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’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 Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  Additionally, the Board 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 subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended.  The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct, 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 “PTSD.”  Only the Board for Correction of Naval Records can grant this type of narrative reason change.  

Automatic Upgrades -  There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge 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.  Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  

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 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.  

Board Membership:  The names and votes of the members of the 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