ex-, USMC
MD07-00231

Current Discharge and Applicant’s Request

Application Received:  20061213 	Characterization Received:  
Narrative Reason:  PERSONALITY DISORDER 		Authority:  MARCORSEPMAN 6203.3

Applicant’s Request:	Characterization change to:    
			Narrative Reason change to: 
Applicant’s Issues:	1. Misconduct due to mental abuse from NCO
			2. Post-service conduct

Decision

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

Date:  20070920  				        Location:  Washington D.C.  

Discussion

Issue 1 ().  The Applicant provides no direct evidence of abuse, and his unsupported claims do not overcome the presumption of regularity in the conduct of government affairs.  The Board noted that the Applicant described in great detail to a civilian mental health care provider alleged hazing and/or maltreatment directed towards himself; however, apparently failed to acknowledge his own misconduct towards another Marine.  The Board found no evidence in the record indicating that the Applicant was not responsible for his misconduct.  

Issue 2 (). 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 the service.  The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate and that the evidence of post-service conduct was found not to mitigate the conduct which precipitated the discharge.

Athough not raised by the Applicant, the Board noted that the mental health recommendation for administrative separation due to a personality disorder did not unambiguously indicate that the Applicant constituted an immediate threat to himself or others.  Except in such circumstances, a personality disorder itself is not a bar to further service.  Normally, a servicemember must be properly counseled, and subsequently engage in inappropriate behavior as a result, before initiating separation proceedings.  In the Applicant’s case, the Board determined that under all the facts and circumstances of the case, the underlying basis for expeditious separation was factually supported, separation was warranted, and the Applicant was not prejudiced in any way. 

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, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that  

Summary of Service

Prior Service:
Inactive: USMCR (DEP)	19970624 - 19971019  		Active:   

Period of Service Under Review:
Date of Enlistment: 19971020		Years Contracted:    		Date of Discharge:  19991126
Length of Service:  02  Yrs  01  Mths  07  Dys	Lost Time:  Days UA:    Days Confined:  
Education Level:  	Age at Enlistment:  	AFQT:  61	MOS:  0331  Highest Rank:  
Proficiency/Conduct marks (# of occasions):	4.0(5)/4.0(5)	Fitness reports:   
Awards and Decorations (per DD 214):  ARMED FORCES EXPEDITIONARY MEDAL, LETTER OF APPRECIATION, MERITIROUS MAST, OVERSEAS SERVICE RIBBON, RIFLE EXPERT BADGE, RIFLE SHARPSHOOTER BADGE

Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge

19980517:	Briefed on Marine Corps policy against hazing.

UNDATED:	Counseling for violation of Article 107, did on or about 19990703 at 0030 make a false official statement to 1st Lt P_; violation of Article 117, did on or about 19990702 at 2345 wrongfully use provoking words to PFC K_; violation of Article 134, on or about 19990702 at 2345 wrongfully communicate a threat to injure LCpl M_ person by assisting LCpl K_ in committing a battery.  Advised command intended judicial action.

19990705:	CO's NJP -- Viol UCMJ Art. 107 - False official statement, Art. 117 - Wrongfully use provoking words, Art. 134 - Wrongfully communicate a threat.
	Awarded - - FOP ($538.00) for (2 months); RIR (E-2); Restr for (45 days); Extra duties (45 days), oral reprimand.  FOP, Restr, Extra duties suspended for 6 months.

19990705:	Transferred to CG, 1st Marine Division (Fwd), 29 Palms, CA with report NLT date of 1990809.

19990810:	Applicant to unauthorized absence.  Failed to report.

19991102:	Applicant self-refers VA hospital, Medford, Oregon.

19991110:	Applicant from unauthorized absence.  Admitted to Naval Medical Center, San Diego due to intrusive thoughts of violently harming other people and himself.

19991118:	Applicant discharged from Naval Medical Center, San Diego.  
	Diagnosis:  Axis I:  Major depressive disorder, single episode, severe, with psychotic features. 
	Axis II: Schizotypal personality disorder.
	Recommendation:  Both suicidal and homicidal…In need of outpatient care….although no longer a danger to himself and to others, there is a high probability that he will regress and act on his suicidal and homicidal thoughts if he is not immediately and continuously engaged in treatment.

19991122:	Counseling for Mental Health recommendation for administrative separation due to personality disorder.

Discharge Process

Date Notified:	UNDATED
Basis for Discharge:	 DUE TO:  
Least Favorable Characterization:	
Commanding Officer’s Intended Recommendation:	

Date Applicant Responded to Notification:		UNDATED
Rights Elected at Notification:
	Consult with Counsel			
	Obtain Copies of Documents		
	Submit Statement(s) (date)			
	Administrative Board			

Commanding Officer Recommendation (date):	 (19991122)
SJA review (date):	
Separation Authority (date):	CG, 1ST MARINE DIVISION (REIN) (19991123)
              Basis for discharge directed:	 DUE TO:  
              Characterization directed:	
Date Applicant Discharged:	19991126

Types of Documents Submitted by Applicant and Considered By Board

Related to Military Service:	Service and/or Medical Record:  		Other Records:  

Related to Post-Service Period:  	
	Employment:  			Finances:  			Education: 		
	Health/Medical Records:  		Substance Abuse:			Criminal Records:  	
	Family/Personal Status: 		Community Service:  		References:  		
	
Additional Statements From Applicant:  	From Representative:    Other Documentation (Describe)       

Pertinent Regulation/Law

A.  Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 August 1995 until 31 August 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 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:  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