ex- PFC, 

Current Discharge and Applicant’s Request

Application Received: 20200901
Characterization of Service Received:   
Narrative Reason for Discharge:   CONDITION, NOT A DISABILITY
Authority for Discharge:   MARCORSEPMAN 6203.2 [CONDITION NOT A DISABILITY] 

Applicant’s Request:	Characterization change to:	
Narrative Reason change to: NONE REQUESTED
Reentry Code change to: NONE REQUESTED

Summary of Service

Prior Creditable Service:
Inactive:			Active:	 

Period of Service Under Review:
Date of Enlistment:  20190715	Age at Enlistment:  
Period of Enlistment:   Years   Extension
Date of Discharge:  20200608	Highest Rank/Rate:  PFC
Length of Service:    Year(s)    Month(s)  24  Day(s)
Education Level:  	AFQT:  41
Deployment/Operation: 

Evaluation Marks (# of occasions):  Performance/Proficiency: 4.2 (2)   Behavior/Conduct: 4.2 (2)   
Fitness Reports: 

Awards and Decorations (per DD 214):	Rifle  NDSM GWOTSM 

Periods of UA: 20200330 - 20200331, 1 day  
Periods of CONF:  NONE
Other Time Lost per DD214:  NONE

SCM:   SPCM:   CIVIL ARREST:   CC:  

NJP:  

- 20200416:	Article 86 (Absence without leave, etc.) 
	Awarded:  	Suspended:   

Retention Warning Counseling:  

- 20200416:	For your Battalion NJP on 20200416 for violation of Article 86 of the UCMJ.  Specifically, you absent yourself from a section accountability on 20200330.

- 20200514:	For you being recommended for Administrative Separation due to being diagnosed with a Condition Not a Disability.  Specifically, Adjustment Disorder with Depressed Mood.

- 20200605:	For you being informed by your Commanding Officer that you are not eligible for reenlistment and being assigned with a reenlistment code of RE-3P. 

Types of Documents Submitted/reviewed

	DD 214:		Service/Medical Record:		Other Records:	
	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:	
 
Types of Witnesses Who Testified

	Expert:  			Character:    

	Witness E-1:			Witness C-1:	
	Witness E-2:			Witness C-2:

Pertinent Regulation/Law

A.  Marine Corps Separation and Retirement Manual, (MCO P1900.16F), effective 26 November 2013 until present, paragraph 6203, CONVENIENCE OF THE GOVERNMENT.

B.  Secretary of the Navy Manual 5420.1 of 29 September 2020 (Standards for the execution of the Naval Discharge Review Board).

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

Applicant’s Issues

1.	The Applicant seeks an upgrade in order to receive service benefits.
2.	The Applicant contends his discharge is inequitable because he was separated for a mental health condition.

Discussion

Date:  20210506		Location:  WASHINGTON D.C.	Representation:  

The Naval Discharge Review Board (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 Board completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the pertinent standards of equity and propriety were met.

As a result of the Applicant’s claim of a mental health condition, including PTSD, TBI, or Military Sexual Trauma, and in accordance with 10 U.S.C. § 1553, the NDRB included a member who is a physician, clinical psychologist, or psychiatrist.  
Additionally, and pursuant to § 1553, the NDRB reviewed the case with liberal consideration that a mental health condition, including PTSD, TBI, or Military Sexual Trauma potentially contributed to the circumstances resulting in the discharge of a lesser characterization.  A review of the record revealed that the Applicant did not deploy in support of a contingency operation, and so this case did not warrant an expedited review in accordance with § 1553.

The Applicant's record of service included:

  for  of the Uniform Code of Military Justice (UCMJ): 
Article 86 (Absence without leave, etc.) 

Issue 1:  The Applicant seeks an upgrade in order to receive service benefits.

The NDRB has no authority to upgrade a discharge for the sole purpose of facilitating access to service benefits.  Regulations limit the NDRB’s review solely to a determination of the propriety and the equity of a discharge.  As such, this issue does not serve as a basis upon which the NDRB can grant relief.  

The Applicant is directed to the Addendum, specifically, the paragraph regarding the U.S. Department of Veterans Affairs (VA), who determine eligibility for post-service benefits, not the NDRB.  The VA conducts its own determination of eligibility based on service records and input from an Applicant upon their request.  The Applicant should refer to the VA website (http://www1.va.gov/opa/Is1/1.asp) for additional assistance regarding a benefit determination review.

Issue 2:  The Applicant contends his discharge is inequitable because he was separated for a mental health condition.

In support of this issue, the Applicant stated he was separated for a mental health condition and an upgrade will help him display pride in his service and give him assurance that his time in service was not wasted.

In review of the evidence of record, the NDRB found the Applicant served for a period of 11 months.  During this period, the Applicant was subject to and found guilty at NJP for violation of Article 86.  Specifically, the Applicant was found to be in an Unauthorized Absence status during an accountability formation and for this offense, he was provided a Retention Warning Counseling.  Shortly after this violation, the Applicant had experienced suicidal ideations and he was referred to a mental health evaluation.  A competent military mental health authority diagnosed the Applicant with Adjustment Disorder with Depressed Mood.  During this mental health evaluation, the Applicant reported a history of suicidal ideations and four suicide attempts since he was a freshmen in high school.  These pre-service sucicide attempts resulted in inpatient psychiatric admission.  On review of the Applicant’s enlistment DD Form 2807-1, Report of Medical History, the Applicant reported “No” to the following questions: Have you ever had or do you have now, Attempted suicide; Have you ever had or do you have now, Received counseling of any type; Have you ever had or do you have now, Depression or Excessive Worry; Have you ever had or do you have now, Been evaluated or treated for a mental health condition.  From this form and the reported information associated with the in-service mental health diagnosis, the NDRB reasoned the Applicant deliberately misrepresented his condition and medical history during the enlistment process, including the omission or concealment of facts which, if known at the time would have reasonably been expected to preclude, postpone, or otherwise affect the his eligibility for enlistment or induction.  Given the Applicant’s in-service diagnosis, he was recommended for administrative separation based on Condition Not a Disability.  Ultimately, the Applicant’s entire chain of command recommended a General (Under Honorable Conditions) characterization of service and the Separation Authority concurred on this characterization.

The NDRB reviews the propriety and equity of an Applicant’s discharge individually, on a case-by-case basis.  If such a review reveals an impropriety or inequity, relief is in order.  Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of discipline of the Naval Service.  

Whenever a Marine’s Command suspects a physical condition interferes with the Marine’s effective performance of duty, the Marine should be referred to the appropriate medical authority.  If examination by a medical officer confirms the Marine is suffering from a physical condition apparently beyond the individual’s control and indicates that the condition is not a disability, a command should initiate separation proceedings.  In this case, the Applicant was diagnosed with a condition that was found to be incompatible for military service and he was recommended for administrative separation for the convenience of the government.  

Based on his condition, the NDRB determined the Applicant met the requirements for separation by reason of Convenience of the Government – Physical or Mental Conditions.  However, the characterization for this reason is Honorable unless an Uncharacterized or General (Under Honorable Conditions) is warranted.  Following a thorough review of this case, the NDRB determined the Applicant’s service was honest and faithful, but significant negative aspects of the member’s conduct or performance of duty outweighed the positive aspects of his service record and the assigned characterization of service will remain as issued.  Relief denied.

Decision

After a thorough review of the available evidence, to include the Applicant’s issues, summary of service,  record entries, and discharge process, the Board found  .  Therefore, the awarded characterization of service shall  GENERAL (UNDER HONORABLE CONDITIONS), the narrative reason for separation shall  CONDITION, NOT A DISABILITY with a corresponding separation code of JFV1, and the reentry code shall  RE-3P.  The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of the discharge.  The Applicant is directed to the Addendum for additional information.

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/.  More information is available at http://www.secnav.navy.mil/mra/CORB/pages/ndrb/default.aspx.

Additional Reviews: After a document review has been conducted, former members are eligible for a personal appearance or telephonic 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), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490, or http://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx 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: The NDRB is authorized to change a NDRB Applicant’s Reenlistment Code if related to an accompanying change in discharge characterization or narrative, but this authority is strictly limited to those cases where an applicant’s narrative reason or characterization of discharge is changed and that change warrants revision of the previously issued reenlistment code.  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-Traumatic Stress Disorder and/or Traumatic Brain Injury: For all claims involving PTSD and/or TBI, the NDRB’s review implemented the guidance set forth in the SECDEF Memorandum of 3 September 2014 (Supplemental guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder).  In accordance with U.S. Code, Title X, Section 1553 (d)(1) & d(2), the NDRB included a member who is a physician, clinical psychologist, or psychiatrist and accorded the case sufficient priority to achieve an expedited resolution and a final decision.

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.

Military Sexual Trauma: The Department of Veterans Affairs (VA) uses the term "military sexual trauma" (MST) to refer to experiences of sexual assault or repeated, threatening sexual harassment experienced while on federal active duty, active duty for training, or inactive duty training.  To get confidential one-on-one help please contact the MST Coordinator at your nearest VA Medical Center or Call Safe Helpline at 1-877-995-5247 or visit www.mentalhealth.va.gov/msthome.asp.

Reporting Military Sexual Trauma: To report a military sexual trauma, you can make an anonymous report to the Naval Criminal Investigative Service (NCIS) by Text or Online.  The NCIS Tip Line provides service members, veterans and civilians a safe, discreet and ANONYMOUS option to report criminal and force protection threats within the USN and USMC without concerns of retaliation.  To report a crime by Text: Text  274637 (CRIMES); Type “NCIS” at the top of the message; and include as much detail as possible to ensure your tip can effectively be investigated.  To send your ANONYMOUS Tip via the online, go to https://www.tipsubmit.com/webtipsNAV.aspx?AgencyID=840.

Suicide Prevention: Veterans in emotional crisis or their loved ones can call the free and confidential Veterans Crisis Line at 1-800-273-8255 (then press 1); or chat online at http://www.veteranscrisisline.net, or send a text message to 838255 to connect with a caring, qualified Veteran Affairs Responder who can deal with any immediate crisis.