ex-, USMC

Current Discharge and Applicant’s Request

Application Received:  20080211
Characterization of Service Received:  
Narrative Reason for Discharge:  
Authority for Discharge:  MARCORSEPMAN , Personality disorder

Applicant’s Request:	Characterization change to:  
			Narrative Reason change to: 

Summary of Service

Prior Service:
Inactive: USMCR (DEP)	NONE			Active:   	
Period of Service Under Review:
Date of Enlistment: 20040628		   Period of enlistment:   Years   Months		Date of Discharge:  20051023
Length of Service:    Yrs    Mths  12  Dys	Education Level:  	Age at Enlistment:  	AFQT:  NFIR
MOS:  0300  Highest Rank:   			Fitness reports:  
Proficiency/Conduct marks (# of occasions):	 ()/ ()
Awards and Decorations (per DD 214): Rifle  Pistol    

Periods of UA/CONF:  

NJPs:	  

SCMs:	

SPCMs:	

CC:	

6105 Counseling: 1  
	20050601  For Major Depressive Disorder/associated prescribed medications.

Types of Documents Submitted

Related to Military Service:	DD 214:  	Service and/or Medical Record:  		Other Records:  

Related to Post-Service Period:	
	Employment:  			Finances:  			Education/Training:	
	Health/Medical Records:		Substance Abuse:			Criminal Records:	
	Family/Personal Status: 		Community Service:  		References:  		
	
Additional Statements From Applicant:  		From Representation:  		From Member of Congress:  
Other Documentation (Describe)   A total of three letters: One letter from a civilian doctor who treated the Applicant before and during his stint in the Marine Corps; a letter from a family friend who has known him since he was 13-years old; a thrid letter from his high school teacher addressing his character when he was in high school.  No letters addressed or hinted at depression, anexity, or any emotional issues.    

DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

1.  Unfairly misrepresented with characterization of “Personality Disorder”.

Decision

Date:  20080404		Location:  Washington D.C	 Representation:  

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

Discussion

:  (Equity).  In reviewing discharges, the Naval Discharge Review Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut this presumption, to include evidence submitted by the Applicant.   There was credible evidence in the record indicating the Applicant had psychiatric issues of depression and poor concentration as far back as October 2002 which resulted in being diagnosed with Major Depressive Disorder.  As a result, medications were prescribed by a licensed Psychiatrist to include psychostimulants, anxiolytic (benzodiazepines) and antidepressants.  There is evidence that the Applicant was on prescription medications for his psychiatric condition from 2002 until at least 2004.  The Applicant, in February 2005, admits in writing before he left for boot camp he was very depressed and suffered from severe anxiety attacks.  He also admits seeing more than one psychiatrist concerning this condition and was diagnosed with depression, anxiety, and attention deficit disorder.  

A review of the Applicant’s Medical History dated 20040528 (DD Form 2807-1), specifically Section 17: e, f, g, and Section 24, indicates the Applicant withheld information from military doctors during his pre-enlistment medical screening concerning his history of nervous trouble, counseling, depression, being evaluated and treated for mental conditions and having been treated within the past 5 years for other than minor illnesses.   Additionally, the Applicant withheld information concerning the multitude and severity of prescription medications he was issued by his civilian doctors to combat his psychiatric condition.  Had this information been made known to both recruitment officials and medical personnel the Applicant may not have been permitted to enlist for military service.  This withholding of information could have lead to the Applicant being charged with a violation of UCMJ, Article 83 (Fraudulent enlistment) and made subject to a court-martial.  However, the Applicant’s command did not pursue this and he was administratively processed based on a clinically diagnosed Major Depressive Disorder which allows for a General Discharge (Under Honorable Conditions).   

After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record, Discharge Process and evidence submitted by the Applicant, the Board found that    

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.

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 83.’

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