ex- LCpl, USMC

Current Discharge and Applicant’s Request

Application Received: 20200806
Characterization of Service Received:   
Narrative Reason for Discharge:   COMPLETION OF REQUIRED ACTIVE SERVICE
Authority for Discharge:   MARCORSEPMAN 1005 [COMPLETION OF SERVICE OBLIGATION] 

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:  20080114	Age at Enlistment:  18
Period of Enlistment:  4 Years   Extension
Date of Discharge:  20120305	Highest Rank/Rate:  LCpl
Length of Service:  04  Year(s)  00  Month(s)  00  Day(s)
Education Level:  12	AFQT:  51
Deployment/Operation: 

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

Awards and Decorations (per DD 214):	Rifle SS SSDR GWOTEM HSM GWOTSM NDSM LoA

Periods of UA:  20080712 - 20080901, 52 days
Periods of CONF:  NONE
Other Time Lost per DD214:  NONE

SCM:     SPCM:     CIVIL ARREST:     CC:  

NJP:  2

- 20080912:	Article 86 (Absence without leave, etc.) 
	Article 112a (Wrongful use, possession, manufacture or introduction of controlled substance)
	Awarded: RIR FOP RESR   Suspended:      

- 20090819:	Article 86 (Absence without leave, etc.) 
	Article 91 (Insubordinate conduct toward warrant, noncommissioned, petty officer)
	Awarded: FOP RESTR EPD   Suspended:      

Retention Warning Counseling:  2

- 20081216:	For involuntary administrative separation with an Under Other Than Honorable discharge by reason of Misconduct due to Drug Abuse.  Your separation was suspended by the Commanding General for a period of 12 months beginning on 2008126, unless the separation is vacated sooner.

- 20110127:	For your lack of maturity and judgment in that on 20110121, you absented yourself from your appointed place of duty.  Specifically, you absented yourself from Sports Medicine without authority.

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 ch2), effective 26 November 2013 until present, Paragraph 1005, DISCHARGE FOR EXPIRATION OF ENLISTMENT OR FULFILLMENT OF SERVICE OBLIGATION.

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 contends his Mental Health condition was a contributing factor in his misconduct.
2.	The Applicant contends his post-service conduct and achievement warrants consideration for an upgrade.

Discussion

Date:  20210323		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.) 
Article 112a (Wrongful use, possession, manufacture or introduction of controlled substance)

Article 86 (Absence without leave, etc.)
Article 91 (Insubordinate conduct toward warrant, noncommissioned, petty officer)

Issue 1:  The Applicant contends his Mental Health condition was a contributing factor in his misconduct.

In support of this issue, the Applicant provided a statement in which he discussed his service, Mental Health condition, and misconduct.  Early into service, the Applicant stated that he incurred injuries to his shoulder and knees.  Because of these injuries, he was dropped from entry level training and he developed undiagnosed Depression and Anxiety.  The Applicant dealt with these injuries on his own by electing to go to Unauthorized Absence and by abusing Adderall, a controlled medication that was not prescribed to him.  After being arrested for his Unauthorized Absence, the Applicant indicated he had a desire to continue training and he fought through his Mental Health symptoms.  The Applicant asserted that during the remainder of his service, he was exposed to various in-service stressors and second-hand trauma.  Due to his personal injuries and these stressors, he developed Post-Traumatic Stress Disorder (PTSD) with Adjustment Disorder.  The Applicant is of the opinion that had he been treated for his in-service Mental Health, he would have received an Honorable discharge.  From the documentation provided by the Applicant, the NDRB noted the Department of Veterans Affairs granted him a 70% service connected rating.  This rating includes a diagnosis of PTSD with Adjustment Disorder with Mixed Emotional Features.

In review of the evidence of record, the NDRB found the Applicant completed his required active service and full four-year service obligation.  While in entry level training, the Applicant engaged in a 52-day period of Unauthorized Absence and following his apprehension and return to his command, he tested positive on a urinalysis for Dextroamphetamine.  Given this misconduct, the Applicant was subject to and found guilty at NJP for violation of Articles 86 and 112a.  During Administrative Separation (ADSEP) proceedings, the Applicant expressed a desire to be retained and he took responsibility for his selfish mistakes.  Following this statement, the Applicant’s Commanding Officer recommended the Applicant’s separation be suspended for a period of 12 months and the Separation Authority concurred with this recommendation.  Nearly one year following the Applicant’s first NJP, he was subject to and found guilty at his second NJP for violation of Articles 86 and 91.  Specifically, the Applicant displayed insubordinate conduct to a Staff Non-Commissioned Officer and he provide statements regarding his wife’s hospitalization that were totally false.  The Applicant additionally has a subsequent Retention Warning Counseling for his lack of maturity and judgment in which he absented himself from his appointed place of duty.  Upon review of the Applicant’s medical record, the NDRB found he was initially seen by a medical authority following his initial lengthy period of Unauthorized Absence.  During this evaluation, he reported some depressive symptoms that were attributed to a recent break up with his girlfriend and his minor injuries.  The NDRB did not find any other evidence of a Mental Health evaluation or diagnosis contained in his in-service record.

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.  

An Honorable characterization of service is warranted when the quality of a member’s service generally meets the standard of acceptable conduct and performance for naval personnel.  A General (Under Honorable Conditions) discharge is warranted when the quality of 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 the member’s service record.  

In determining discharge characterization of service, the Applicant’s conduct forms the primary basis for consideration.  The Applicant’s in-service conduct included one Retention Warning Counseling and two NJPs for significant misconduct, and this was a willful failure to meet the requirements of his contract honorably.  However, the Applicant contends his Mental Health condition was a contributing factor in his misconduct and had he received the proper treatment for his condition, his service would have been Honorable.  The Applicant’s medical record cited an early, singular report of depressive symptoms that did not meet the criteria for a Mental Health diagnosis or require a referral for Mental Health treatment.   Following this evaluation, the Separation Authority fully considered the Applicant’s condition and statement of remorse while retaining him in service.  Subsequent to the retention decision, the Applicant continued to engage in misconduct that involved disrespect to a superior, Unauthorized Absences, and other circumstances that involved false statements.  Given the varied accounts of deliberate misconduct, the NDRB did not find that his in-service Mental Health and post-service Mental Health diagnosis were sufficient contributing or mitigating factors.  Furthermore, the NDRB found the actions taken by his command and the service were proper with respect to his medical, Mental Health, and substance abuse evaluation and associated treatment.  Upon full review of this case, the NDRB determined the Applicant’s service was honest and faithful, but significant negative aspects of his conduct or performance of duty outweighed the positive aspects of his service record, and the discharge will remain as issued.   Relief denied.     

Issue 2:  The Applicant contends his post-service conduct and achievement warrants consideration for an upgrade.

In support of this issue, the Applicant stated that he is a Federal Law Enforcement Officer and has bought his own home.  With his petition, the Applicant provided a commendation letter from a police department that recognized his specific actions as a patrol officer.

The NDRB considers 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.  However, post-service conduct does not guarantee an upgrade from an unfavorable discharge as each discharge is reviewed by the NDRB on a case by case basis to determine if post-service conduct provides a basis for a more thorough understanding of the performance of the Applicant during the period of service that is the subject of the discharge review.  While considering the Applicant’s full record of service and the matters provided for post-service consideration, the NDRB determined that the characterization of service received was equitable.  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  COMPLETION OF REQUIRED ACTIVE SERVICE with a corresponding separation code of KBK1, and the reentry code shall  RE-4B.  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.