ex-, USMC
MD07-00294

Current Discharge and Applicant’s Request

Application Received:  20061228	Characterization Received:  
Narrative Reason:  PERSONALITY DISORDER 		Authority:  MARCORSEPMAN 6203.3

Applicant’s Request:	Characterization change to:  
			Narrative Reason change to: 
Applicant’s Issues:	1. VA Benefits
			2. Improper discharge based on no Personality Disorder

Decision

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

Date:  20071004       					Location:  Washington D.C.  

Discussion

Issue1 :   either  which the Board cannot form the basis of relief for the Applicant, or  the Board does not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to the Addendum regarding .  

Issue 2: ().  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, nor the medical treatment given to the Applicant to be of sufficient nature to exculpate the Applicant’s narrative reason for discharge.  The Applicant was seen by competent medical authority on numerous occasions resulting in his diagnosis of personality disorder.  Further, competent medical authority stated that the Applicant was not medically ill and was responsible for his behavior.   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 three retention warning and two nonjudicial punishments (NJP), Article 91 (Insubordinate conduct toward NCO), Article 92 (Failure to obey and order or regulation), Article 108 (Damage military property), and Article 115 (Malingering).  Violation of UCMJ Articles 92 and 115 is considered serious offenses for which a punitive discharge is authorized if adjudged by a Special or General Courts Martial.  An upgrade to honorable would be inappropriate.

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)	19991019 - 20000613  		Active:   	
Period of Service Under Review:
Date of Enlistment: 20000614		Years Contracted:  ; Extension:    	Date of Discharge:  20031021
Length of Service:  03  Yrs  04  Mths  07  Dys	Lost Time:  Days UA:    Days Confined:  
Education Level:  	Age at Enlistment:  	AFQT:  68	MOS:  1161  Highest Rank:  
Proficiency/Conduct marks (# of occasions):	4.4(7)/4.1(7)	Fitness reports:   
Awards and Decorations (per DD 214):  NATIONAL DEFENSE SERVICE MEDAL, SEA SERVICE DEPLOYMENT RIBBON, RIFLE QUALIFICATION BADGE (MARKSMAN)

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

20010723:	MARCORSEPMAN 6105 counseling for your recent alcohol related incident.  At 2230 on 20010720 you were approached by GDO at Camp Hansen, Okinawa, Japan for being under the influence of alcohol after verifying your I. D. you were under the legal age to consume alcohol this is in direct violation of MARCORBASEJAPAN ORDER 1600.1B since you had consumed alcohol under the age of 21.

20020909:	MARCORSEPMAN 6105 counseling for violation of Article 92, failure to obey an order or regulation, by traveling beyond the Labor Day holiday limits without an out of bounds chit.

20020913: 	Medical Record: Hospitalized for suicide statement.

20021202:	NJP -- Viol UCMJ Art. 91 – (3 specs), Insubordinate conduct toward Warrant Officer, NCO, or Petty Officer; viol UCMJ Art. 108 – Damage military property. 
	Awarded - FOP ($619.00) for (1 month); RIR (E-2); 30 days CCU suspended for 3 months.

20021209:	Medical Record: Follow-up: Alcohol Abuse-passive/aggressive personality traits.

20030213:	Medical Record: Mild suicide gesture with motrin.

20030215:	MARCORSEPMAN 6105 counseling for diagnosis of a severe personality disorder.

20030221:	Medical Record:  Reason for visit:  Follow-up.  Remains on suicide watch in duty hut.  Denies any suicidal/homicidal ideation since discharge from the ward.  Appetite normal; sleeping well.  He is hopeful that administrative separation will go through.  Denies any further disciplinary problems.
	Diagnosis:  Alcohol Abuse, Personality Disorder NOS, with passive/aggressive features. 
	Recommendation:  It is strongly recommended that member be administratively separated from the USMC.  From a mental health standpoint, it is recommended that the suicide watch could safely be discontinued.  Patient may return to clinic for supportive follow-up while pending administrative separation. 

20030311:	NJP -- Viol UCMJ Art. 115 – Malingering, did take approximately (14) 800 mg Ibuprofen tablets so that he would not deploy with his unit.
	Awarded - FOP (1/2 pay) for (2 months); RIR (E-1); Restr for (45 days); Extra duties (45 days).

20030414:	CO, Naval Hospital Camp Lejeune: Applicant not medically ill and is responsible for his behavior…long standing disorder of character and behavior which is of such severity as to interferer with his ability to function effectively in the military environment.  Strongly recommend the 6105 entry be waived and the member be expeditiously process for an administrative discharge in accordance the MARCORPSEPMAN 6203.3 by reason of unsuitability.

Discharge Process

Date Notified:	20030718
Basis for Discharge:	 DUE TO:  
	
Least Favorable Characterization:	
Commanding Officer’s Intended Recommendation:	

Date Applicant Responded to Notification:		20030718
Rights Elected at Notification:
	Consult with Counsel			
	Obtain Copies of Documents		
	Submit Statement(s) (date)			
	Administrative Board			

Commanding Officer Recommendation (date):	 (20030721)
SJA review (date):	 (20031007)
Separation Authority (date):	COMMANDING GENERAL, 2D MARINE AIRCRAFT WING (20031007)
              Basis for discharge directed:	 DUE TO:  
              Characterization directed:	
Date Applicant Discharged:	20031021

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 P1900.16F), effective 02 Sep 01 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.

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, Articles 92 and 115.

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