ex-, USMC

Current Discharge and Applicant’s Request

Application Received:  20100409
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)	20050713 - 20060618  	Active:	

Period of Service Under Review:
Date of Current Enlistment:  20060619	Age at Enlistment:  
Period of Enlistment:   Years   Months
Date of Discharge:  20080822	Highest Rank:  
Length of Service:    Year(s)    Month(s)  04  Day(s)
Education Level:  	AFQT:  60
MOS:  3043 (Supply Administration and Operations Specialist)
Proficiency/Conduct Marks (# of occasions):   () /  ()	Fitness Reports:  

Awards and Decorations (per DD 214):	Rifle , , 

Periods of UA/CONF:  

NJP:  	SCM:  	SPCM:  	  CC:   

Retention Warning Counseling:  1

- 20080815:	For failing the July-December semi-annual period Physical Fitness Test.  Assigned to company remedial PT program and Semper-Fit back on track program.  Advised that failure to take corrective action may result in administrative separation or limitation of further service.   

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

Decisional issues: The Applicant seeks an upgrade in the characterization of her service at discharge from General (Under Honorable Conditions) to Honorable, contending that her personality disorder was related to post-partum depression and emotional stressors during an isolated period, further compounded by her diagnosis of hypothyroidism, and was not reflective of her stellar conduct and performance of duties.

Decision

Date:  20110429		Location: Washington D.C.	 Representation: 

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

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 NDRB 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 issue for consideration by the NDRB; additionally, the NDRB completed a thorough review of the circumstances that led to the discharge, and the discharge process, to ensure the discharge met the pertinent standards of both equity and propriety.  The Applicant’s record of service documents stellar performance and conduct with average proficiency and conduct markings of 4.7/4.7 over two years and two months of service.  The Applicant’s record of service contains no non-judicial or judicial punishments and one 6105 retention-warning counseling regarding her failure of the second period, semi-annual physical fitness test in August 2008.  

The Applicant’s record of service and medical records document that appropriately credentialed mental health care providers and medical health care providers diagnosed and treated the Applicant.  The Applicant’s medical records indicate that she was diagnosed with a Major Depressive Disorder, Adjustment Disorder with anxiety and depression, and Borderline Personality Disorder.  Additionally, the Applicant was being treated for post-partum depression and hypothyroidism while also receiving marital counseling.  She was receiving continued counseling and medication regimens for treatment.  The Applicant’s medical record further documents that her hypothyroidism could be contributing to the depression.  The mental health care provider recommended expeditious separation due to a pre-existing medical condition aggravated by active duty service.    

On 16 May 2008, the Applicant was recommend for administrative separation from the Naval Service by her command pursuant to the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), paragraph 6203.3 (Convenience of the Government - Personality Disorder) and paragraph 6204.3a (Fraudulent Entry into the Marine Corps).  The specific basis for the recommendation was the mental health care provider’s diagnosis of Major Depressive Disorder and Borderline Personality Disorder - a condition that she was aware of prior to enlistment and which she did not disclose.  The Applicant was further recommended for expeditious processing, which waived the requirement for retention warning counseling.  The Command recommended she receive a characterization of her service at discharge of General (Under Honorable Conditions).  The Applicant waived her right to consult with qualified legal counsel and to submit written matters to the Separation Authority; she did not warrant an administrative discharge hearing board due to the characterization of service proposed.  The discharge recommendation was endorsed by her chain of command and on 08 Aug 2008, it was approved.  The Separation Authority designated the primary basis for separation as Convenience of the Government - Personality Disorder pursuant to paragraph 6203.3 of the MARCORSEPMAN.
   
Decisional Issue: () - RELIEF WARRANTED.  The Applicant seeks an upgrade in the characterization of her service at discharge from General (Under Honorable Conditions) to Honorable, contending that her personality disorder was related to post-partum depression and emotional stressors during an isolated period, further compounded by her diagnosis of hypothyroidism, and was not reflective of her stellar conduct and performance of duties.

(Propriety) Pursuant to paragraph 6203.3 of the MARCORSEPMAN, members may be processed for separation based on a Mental Health Care 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.  The record of evidence reflects the Applicant met the basic requirement for administrative separation by reason of Convenience of the Government - Personality Disorder.  However, the Applicant’s medical record also documents a diagnosis and treatment of hypothyroidism, which the medical doctors identified as possibly contributing to the Applicant’s depression, coupled with post-partum depression and marital infidelity by the Applicant’s spouse.  Additionally, throughout the periods of treatment by both medical and mental health care providers, the Applicant displayed no misconduct and received proficiency and conduct markings of 4.6/4.6 and 4.5/4.6.  The NDRB reviewed all of the available records, supporting documents, facts, and elements of the discharge, evidence submitted by the Applicant, and the circumstances unique to this case.  By a vote of 5-0, the NDRB determined impropriety in the discharge action and determined that relief was warranted.  The NDRB determined that the narrative reason for discharge - Personality Disorder - was not warranted; as such, the Narrative Reason for Separation shall change to SECRETARIAL AUTHORITY.  
  
(Equity)  Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of discipline of the Naval Service.  An Honorable characterization of service is warranted when the quality of a member’s service meets the standard of acceptable conduct and performance for naval personnel, or is otherwise so meritorious that any other characterization of service would be clearly inappropriate.  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 of duty outweighed the positive aspects of his record.  A particular circumstance of interest in the Applicant’s characterization of service was the lack of any negative information in the 26 months of service that would otherwise prevent characterization of her service as Honorable.  A review of the Applicant’s official service record reveals only one retention warning for failure of the semi-annual physical fitness test; given the medical diagnosis of hypothyroidism and post-partum depression along with the medication treatment regimen prescribed, the NDRB determined this counseling was not indicative of her overall characterization of service.  Furthermore, the Applicant’s service record reflects overall proficiency and conduct markings of 4.7/4.7, which are characteristic of excellent to outstanding performance of duties and conduct in service.  The NDRB concluded that there was an inequity in the Applicant’s discharge action, is convinced that this was prejudicial to the Applicant, and therefore an inequity in the characterization did occur.  A preponderance of the evidence reviewed supports the conclusion that the Applicant’s service was honest and faithful; as such, the NDRB determined an upgrade to an Honorable characterization of service appropriate.  Relief as requested is warranted.

Summary:  After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and service record entries, additional supporting documentation submitted by the Applicant, and the discharge process, the Board found   Therefore, the awarded characterization of service shall  HONORABLE and the narrative reason for separation shall change to SECRETARIAL AUTHORITY.  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