ex-, USMC

Current Discharge and Applicant’s Request

Application Received:  20091027
Characterization of Service Received:  
Narrative Reason for Discharge:  
Authority for Discharge:  MARCORSEPMAN 

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

Summary of Service

Prior Service:
Inactive:	USMCR (DEP)	20070831 - 20080323  	Active:	

Period of Service Under Review:
Date of Current Enlistment:  20080324	Age at Enlistment:  
Period of Enlistment:   Years   Months
Date of Discharge:  20090506	Highest Rank:  
Length of Service:    Year(s)    Month(s)  13  Day(s)
Education Level:  	AFQT:  53
MOS:  0331
Proficiency/Conduct Marks (# of occasions):  / 	Fitness Reports:  

Awards and Decorations (per DD 214):	Rifle   

Periods of UA/CONF:  

NJP:  

- 20090107:	Article  (Disrespectful behavior toward Commissioned Officer) 
	Awarded:    Suspended:  

SCM:  

SPCM:  

CC:  

Retention Warning Counseling:  

- 20090107:	For recent NJP on 20090107 for violation of Article 89, insubordinate conduct toward your superiors  

- 20090115:	For Personality Disorder 

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

	  “GENERAL (UNDER HONORABLE CONDITIONS)”

The NDRB will recommend to the Commandant of the Marine Corps that the DD 214 be corrected as appropriate.

Types of Documents Submitted/reviewed

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

Related to Post-Service Period:
	Employment:		Finances:		Education/Training:	
	Health/Medical Records:		Rehabilitation/Treatment:		Criminal Records:	
	Personal Documentation:		Community Service:		References:	
	Department of VA letter:		Other Documentation:	
		Additional Statements:
	From Applicant:		From/To Representation:		From/To Congress member:	

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.

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

Applicant’s Issues

1.	Nondecisional issues:  Applicant contends that he was diagnosed with Hypothyroidism and should have been medically discharged for this diagnosis, not Convenience of the Government - Personality Disorder.    

2.	Decisional issues: (Propriety) Applicant contends that his diagnosis of Personality Disorder was a result of outward manifestations of his Hypothyroidism, not the result of any long-standing character disorder.      

Decision

Date:  20101220		Location: Washington D.C.     Representation: Veterans of FOREIGN 
						                          wars

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

Discussion

The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.  In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  The Applicant identified one decisional issue to the Board.  In support of the Applicant’s contention, the Board completed a thorough review of the circumstances that led to the discharge, and the discharge process, to ensure his discharge met the pertinent standards of equity and propriety.

The Applicant’s record of service included two 6105 retention-counseling warnings and one  for  of the Uniform Code of Military Justice (UCMJ): Article 89 (Disrespect toward a superior commissioned officer).  

Upon completion of Recruit Training and his infantry military occupational specialty school, the Applicant was assigned to a deployable infantry battalion.  The Applicant was seen by his Battalion Aid Station and was further consulted to an endocrinologist who diagnosed the Applicant with Hypothyroidism.  The Applicant was placed on a regimen of medications to treat the Hypothyroidism.  While being treated for the physical medical condition, the Applicant was taken to the Naval Hospital emergency room by his roommate for making suicidal threats.  The Applicant was referred for follow-up with mental health care providers.  The Applicant was treated by an appropriately credentialed civilian mental health care provider and was also seen by Naval Hospital mental healthcare providers and the Division Psychiatrist.  The Division Psychiatrist recommended a routine administrative separation of the Applicant pursuant to paragraph 6203.3 of the Marine Corps Separation and Retirement Manual (MARCORSEPMAN) – Convenience of the Government, Personality Disorder.  The Division Psychiatrist’s primary diagnosis was Personality Disorder with Immature Traits as manifested by clinically significant distress or impairment in one or more important areas of functioning socially or occupationally.  The mental health care provider further determined that the disorder and behavior is of such severity that the Applicant’s ability to function effectively in the military is significantly impaired.

The NDRB reviewed the Applicant’s administrative separation package to verify that the Applicant was afforded the opportunity to exercise his rights as required by the MARCORSEPMAN.  When notified of the administrative separation processing using the notification procedure, the Applicant waived  rights to consult with a qualified counsel and declined to submit a written statement to the Separation Authority.

The Applicant provided no post-service documentation for the NDRB’s consideration.  The Applicant should be aware that submission of documentation regarding post-service conduct alone does not guarantee an upgrade from an unfavorable discharge as the Board reviews each discharge on a case-by-case basis.  In doing this, the NDRB considers post-service conduct in order to determine if any misconduct committed during the period of active duty in question was indicative of the Applicant's overall character or if it was an aberration.

:  (Non-Decisional).  The Applicant contends that he was diagnosed with Hypothyroidism and should have been medically discharged for this diagnosis, not Convenience of the Government - Personality Disorder.  The Applicant’s medical record clearly documents the diagnosis of Hypothyroidism and that the diagnosed medical condition was being monitored and treated with a prescribed regimen of medication.  Moreover, there is no indication in his service or medical record to indicate that the Applicant was being considered for a medical board to determine eligibility to remain on active duty or medical disability separation.  Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or other medical-related reason; only the Board for Correction of Naval Records can grant this type of narrative reason change.

:  (Decisional) () - .  The Applicant contends that his diagnosis of Personality Disorder was a result of outward manifestations of his Hypothyroidism, not the result of any long-standing character disorder, as such he warrants consideration for any upgrade in his characterization of service at discharge.

(Propriety)  Pursuant to paragraph 6203.3 of the MARCORSEPMAN, members may be processed for separation based on a Mental Healthcare Professional's clinical diagnosis of a personality disorder when that disorder is so severe that one's ability to function effectively and perform their duties is significantly impaired, and the individual poses a threat to the safety or well being of themselves or others.  Separation for personality disorder is not appropriate when separation is warranted for any other reason (e.g., member meets minimum criteria for misconduct processing).  The record of evidence reflects the Applicant met the requirements for processing by reason of Convenience of the Government - Personality Disorder.  Though Hyporthyroidism can manifest some outward signs of depression and other symptoms, it was the determination of the Naval Hospital mental health staff, as well as the Division Psychiatrist, that the Applicant’s current manifestations, coupled with his past mental health issues and expressed desire to separate, were not related to the Hypothyroidism.  As such, the NDRB did not discern any impropriety; relief not warranted.

(Equity)  A General (Under Honorable Conditions) characterization of service is appropriate if the member’s service has been honest and faithful but significant negative aspects of the member’s conduct or performance outweighs positive aspects of the member’s military record.  A review of the Applicant’s service record reflects a nonjudicial punishment for disrespect to a superior commissioned officer and a retention counseling warning for the same.  Violation of Article 89 of the UCMJ is a serious offense, punishable by a Bad Conduct discharge and up to one year of confinement if adjudicated by a special or general court-martial.  The command did not pursue a punitive discharge, or an administrative discharge with an Under Other Than Honorable Conditions characterization, even though the record of evidence shows that either was warranted.  

The Applicant openly expressed his desire for separation, stating that he was “wasting his time here” and that he “would be fine once he left North Carolina.”  Moreover, the Applicant fraudulently enlisted in the Marine Corps when he failed to identify previous prior service mental health treatment for anger issues as a teenager, assault, and arson/open burning, which the Applicant openly admitted during his evaluations with the Division Psychiatrist.  Despite the documented misconduct and the Applicant’s stated desires for early separation, the command recommended a General (Under Honorable Conditions) characterization of service.  It was the determination of the NDRB, by a vote of 5-0, that the command was justified in awarding the Applicant a General (Under Honorable Conditions) discharge.  The Board determined an upgrade to an Honorable characterization of service would be inappropriate; accordingly, relief denied.

Summary:  After a thorough review of the available evidence, to include the Applicant’s summary of service,  record entries, and discharge process, the Board found   Therefore, the awarded characterization of service shall   and the narrative reason for separation shall remain .

The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of  discharge.  The Applicant is directed to the Addendum, specifically the paragraphs titled Additional Reviews and Post-Service Conduct.

ADDENDUM:  Information for the Applicant

Complaint Procedures:  If you believe 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:  After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s 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.  There are veterans organizations such as the American Legion and the Disabled American Veterans that are willing to provide guidance to former service members in their efforts to obtain a discharge upgrade.  If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted their 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 U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB.  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 NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the NDRB’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 BCNR can make changes to reenlistment codes.  Additionally, the NDRB 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 is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct or for any basis wherein an Other Than Honorable discharge is authorized, 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 other medical related reasons.  Only the BCNR can grant this type of narrative reason change.

Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct subsequent to leaving naval service.

Post-Service Conduct:  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.  Outstanding post-service conduct, 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, is considered during Board reviews.  Documentation to support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificates (if applicable); character witness statements; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card companies, or other financial institutions; attendance at or completion of higher education (official transcripts); and documentation of a drug-free lifestyle.   The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate  in-service misconduct was an aberration and not indicative of the member’s overall character.

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 special 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.  The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

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