FOR
 ex-, USMC
MD06-01220

Current Discharge and Applicant’s Request:

Application Received:  				20060919
Characterization of Service:			
Narrative Reason for Separation:	PERSONALITY DISORDER 
Discharge Authority:		MARCORSEPMAN 6203.3
Last Duty Assignment/Command at Discharge:	soi, mcb, campen, ca 92055

Applicant’s Request:	
	Characterization change to:		
	Narrative Reason change to: 		HARDSHIP OR ENTRY LEVEL SEPARATION
	Review Requested:			
Representation:  				

Applicant’s Issues:
1.  Employment opportunities
2.  Unfair characterization based on record of service and personal hardship at the time of discharge. 

Decision:

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

Date of Decision:					20070816     
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:	PROPER
Regarding equity, the Board found the discharge:	EQUITABLE

Issue 1:  The Board does not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to the Addendum regarding employment benefits.  

Issue 2 (Equity):  The Applicant stated in his DD Form 293 that he requested separation due to family health and financial difficulties.  There is no evidence in the Applicant’s service record, nor in the documentation submitted with his application indicating that he requested separation.   There is clear evidence in the Applicant’s service and medical records that he was diagnosed by medical doctors as having a personality disorder that was incompatible with military service, and was recommended for immediate separation while still in an entry level status (generally the first 180 days of active duty).    Separation under these conditions generally results in characterization of service as UNCHARACTERIZED.  Although the Applicant’s family may have been experiencing some health and financial hardships during the same period, the command chose to use the diagnosed personality disorder as the basis for administrative separation per the Marine Corps Separations and Retirement Manual.  

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.

Summary of Service:

Prior Service:
Inactive: USMCR (DEP)				20010307-20010319		
Active:   

Period of Service Under Review:
Date of Enlistment:  				20010320
Years Contracted:  				; Ext None
Date of Discharge:				20020114
Length of Service
	Active:					00  Yrs  09  Mths  14  Dys  (Does not exclude lost time)
	Inactive:					00  Yrs  00  Mths  00  Dys  
Time Lost During This Period:			 
Education Level:  				
Age at this Enlistment:  				21
AFQT:  						50
MOS:						9971
Highest Rank:					
Proficiency/Conduct marks (# of occasions):		4.2(1)/4.2(1)

Awards and Decorations (as listed on the DD Form 214):	RIFLE SHARPSHOOTER BADGE  

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

20010820:	Page 11 SRB counseling: Advised deficiencies in performance related to diagnosed Personality Disorder.  Admin separation warning. 

20010830:	Notified of  recommendation for admin separation by Commanding Officer.

20011019:	Page 11 SRB counseling:  Advised of continued deficiencies in performance and conduct due to personality disorder.

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

20010717:	Applicant to sick call for depression.

20010818: 	Doctor notes depression and prescribed Paxil for 7 days.

20010806:	Applicant seen for followup treatment by Dr. B_A_D, Psychologist;   Axis I: Major Depressive Disorder,			Mild EPTE; Axis II: Deferred; Axis III, Defer to Physician; Axis IV, continuing military, financial, family			stress; Axis V, 65.Strongly recommend Entry Level Separation…..best choice for patient and the service. 

20010814:	Follow up visit with Dr. B.A.D. Patient doing OK overall.  Has begun discharge and appears to have command support for the recommended Entry Level Sep.   No change in diagnosis.  

20010821:	Seps physical at 52 Area Med Clinic; chronic depression, recommending Entry Level Sep.

Elements of Discharge:  [INVOLUNTARY]

Date Notified:					20010830
Basis for Discharge:	 due to:  
Least Favorable Characterization:			
Commanding Officer’s Intended Recommendation:	
Date Applicant Responded to Notification:		20010830
Rights Elected at Notification:
	Consult with Counsel			
	Obtain Copies of Documents		
	Submit Statement(s) (date)			
	Administrative Board			
Commanding Officer Recommendation (date):	UNCHARACTERIZED (20010830	)
SJA review (date):				NOT FOUND IN RECORD	
Separation Authority (date):	COMMANDING GENERAL, MCB CAMP PENDLETON (20011203)
Narrative Reason directed:				
Characterization directed:				
Date Applicant Discharged:			20020114

Additional Information Considered by Board

       	Document Type					#Pages
       Related to Period of Service Under Review:
	Service/Medical Record:				4
	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)			0

        Total Number of Pages:				4

Pertinent Regulation/Law

A.  Paragraph 6203.3, Personality Disorder, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 30 May 2001.

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.

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