ex-PFC, 

Current Discharge and Applicant’s Request

Application Received: 20230323
Characterization of Service Received:   
Narrative Reason for Discharge:   IN LIEU OF TRIAL BY COURT MARTIAL
Authority for Discharge:   MARCORSEPMAN 6419 [IN LIEU OF TRIAL BY COURT MARTIAL] 

Applicant’s Request:	Characterization change to:	REQUESTED BUT NOT SPECIFIED
Narrative Reason change to:  REQUESTED BUT NOT SPECIFIED
Reentry Code change to:  NONE REQUESTED

Summary of Service

Prior Creditable Service:
Inactive:	 	            	Active:	 

Period of Service Under Review:
Date of Enlistment:  20140714	Age at Enlistment:  
Period of Enlistment:   Years   Extension
Date of Discharge:  20170113	Highest Rank/Rate:  LCpl
Length of Service:  02  Year(s)  06  Month(s)  00  Day(s)
Education Level:  12	AFQT:  64
Deployment/Operation: 

Evaluation Marks (# of occasions):  Performance/Proficiency: 4.0 (NFIR)   Behavior/Conduct: 3.9 (NFIR) 
Fitness Reports: 

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

Periods of UA:  NONE
Periods of CONF:  NONE
Other Time Lost per DD214:  NONE

SCM:    SPCM:    CIVIL ARREST:   CC:   

NJP:  1

- 20161003:	Article 92 (Failure to obey order, regulation), 2 specifications
	Awarded:  RESTR    Suspended:  

Retention Warning Counseling:  2

- 20160826:	For violation of Articles 134 and 112a.

- 20161004:	For violation of Article 92 and subsequent NJP. 

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.  Paragraph 6419, SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16), effective 26 November 2013 until 14 February 2019.

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 her post-traumatic stress disorder (PTSD) and military sexual trauma (MST) were mitigating factors in her misconduct.

Discussion

Date:  20230911		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 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 NDRB 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 PTSD or traumatic brain injury (TBI) was based in whole or in part on sexual trauma, intimate partner violence, or spousal abuse, the NDRB obtained a review by a psychiatrist, psychologist, or social worker with training on mental health issues associated with PTSD/TBI or other trauma.  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 92 (Failure to obey order, regulation) 

:  The Applicant contends her PTSD and MST were mitigating factors in her misconduct. 

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.  

Because the Applicant claimed mental health was a factor in their discharge, the NDRB reviewed the Applicant’s case in accordance with 10 U.S.C. § 1553, and pursuant to the Kurta Memo and other applicable regulations and guidance, including the Wilkie Memo.  Under the Kurta Memo, “[m]ental health conditions, including PTSD; sexual assault; and sexual harassment inherently affect one’s behaviors and choices causing veterans to think and behave differently than might otherwise be expected.”  Although, “[l]iberal consideration does not mandate an upgrade, [r]elief may be appropriate … for minor misconduct commonly associated with mental health conditions … and some significant misconduct sufficiently justified or outweighed by the facts and circumstances.”  Additionally, “substance seeking behavior and efforts to self-medicate symptoms of a mental health condition may warrant consideration.”  However, “[p]remeditated misconduct is not generally excused by mental health conditions, including PTSD; TBI; or by a sexual assault or sexual harassment experience.”  Therefore, “Review Boards will exercise caution in assessing the causal relationship between asserted conditions or experiences and premeditated misconduct.” See USD (P&R) Memo, “Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment” 25 August 2017 (“Kurta Memo”).

The review of discharges pursuant to the Kurta Memo and its other applicable regulations/guidance generally involves four questions: a) Did the veteran have a condition or experience that may excuse or mitigate the discharge; b) Did that condition exist/experience occur during military service; c) Does that condition or experience actually excuse or mitigate the discharge; and d) Does that condition or experience outweigh the discharge?  

In this case, the NDRB found that: a) the Applicant did have a condition/experience that may excuse or mitigate the discharge; b) the condition existed during military service; c) the condition/experience mitigated the underlying basis/misconduct for the discharge; and d) the condition/experience outweighed the Applicant’s assigned Discharge Characterization.  

MEDICAL BOARD MEMBER OPINION
1.	Does the available record reasonably support a DSM mental/behavioral health condition, PTSD, TBI, or Sexual Trauma/Abuse/IPV existed at the time of the Applicant’s military service?	Diagnosed Borderline Personality Disorder complicated by Substance Use Disorder with undiagnosed but likely component of an Adjustment Disorder with Mood Disturbance (Military).  MST claim, per se, not sufficiently documented; and prior to enlistment substance use history not fully disclosed at Enlistment MEPS processing.	
2.	A.	Were these conditions present at time of misconduct?
	Yes, likely.	
	B.	Were these conditions mitigating for the misconduct?
	Yes, but limited and not exculpatory.	
3.	Were all required mental health and/or medical evaluations conducted in accordance with regulations, prior to the administrative separation of the applicant?
	Yes	
4.	Medical Board Member comments:	HISTORY INCLUDES:

  PRIOR TO ENLISTMENT:

“Mood symptoms not assessed yet-though Veteran describes her mother as having untreated Bipolar Disorder and post-partum depression. Veteran herself notes issues with mood (need much clarification) and was previously prescribed
Lamictal [aka Lamotrigine], zoloft, and Lexapro; now on zoloft only, in addition to Suboxone

Marijuana (cannabis, pot, weed, synthetic marijuana)? started at 14 years
old

Veteran has history of polysubstance use pre-military ("experimenting,
some use") that increased heavily while in the military resulting in counseling,
rehab, time in brig, and DC from USMC Jan 2017.

Main history taken today focused on Veteran's psychosocial stressors, namely
process of Veteran's DC in the USMC (felt much gender bias-she was the only
female in the unit, bad leadership lead to worsening substance issues,
depression, suicide attempt-then MST while inpatient at the hospital by Staff
Sgt.). 

PRESERVICE DRUG WAIVER

“Suspended x 10 days in 10th grade for fighting”

“Possession of marijuana – caught by parents, who called police 201207…pretrial diversion – 4 wks of classes, jail tour; letter to court…”

MEPS: “mild facial asymmetry with hypoplasia of Maxillary bones…” 
15 Aug 2016—“Recommendation of ADSEP by…[LT/MSC/USN Psy.D.] Clinical Psychologist [endorsed by a “Ph.D., ABPP Clinical Psychologist], Naval Hospital Camp Pendleton…” included:

1. BACKGR0OND/METHODOLOGY: Recommend Routine Administrative Separation of…[service member]…(LCpl)….[the] LCpl…who has been in the Mari.De Corps for two years, has been diagnosed with a Borderline Personality Disorder, Existed Prior to Enlistment. Per…[the member’s] report… demonstrates a pervasive pattern of social and occupational deficits marked by  problematic coping strategies and pervasive pattern of instability of interpersonal, self-image, and affects, and marked impulsivity in attempts to avoid distress. Her symptoms have been present throughout the lifespan and manifest with chronic suicidal ideation, reckless impulsivity and affective instability. Prior to the military, and presently…demonstrated…history of immature emotional coping as exhibited by  multiple sexual partners, feelings of emptiness (which is why she joined the military), poor interpersonal relationships with others that alternate from extremes, ‘black and white’ thinking and affective instability often rapidly shifting from happy to sad within hours or situations. She expressed occupational and relationship stress exacerbate her symptoms of suicidal ideation resulting in two separate inpatient hospitalization on the psychiatric ward. Her initial hospitalization was from 1 Aug to 5 Aug for suicidal ideation and, more recently, 16 Aug for a serious attempt with Xanax where [the Applicant]…stated she wanted to end her life.

LCpl…will likely continue to decline in…ability to maintain personal safety if presented with difficult or emotional circumstances such as a deployment or higher responsibilities through progression of rank. In a military setting, the organizational disruptions of personality disordered behavior require extraordinary demands of unit leadership to maintain good order and discipline. [The Applicant’s]… pervasive difficulty in coping with stress is not amenable to treatment or remediation. This condition is not considered a disability. [The member’s]…personal, social, and occupational dysfunction all preceded [the member’s]…initial service enlistment based on [the member’s]…own report. [The member]…is encouraged to continue with mental health care and treatment to assist [the member]…in behavioral control and emotional regulation.

2. CONCLUSIONS: The evaluating psychologist and team of mental health professionals recommend Routine Administrative Separation for unsuitability…  This member is not considered mentally ill (legal definition) but manifests a longstanding disorder of character and behavior, which is of such severity as to render the individual incapable of serving adequately in the Marine Corp. The member does not presently require and will not benefit from hospitalization or psychiatric treatment. The member is not presently considered suicidal or homicidal. However, …is judged to be with ongoing risk of harm to self or others and performance problems will likely continue if retained in the United States Marine Corps or on, Active Duty service. Consequently, the member is deemed fit for return to duty or routine processing for administrative separation, which should be initiated by her command. There is no evidence that the service member was in a combat zone, has had no combat engagements or evidence/ history of TBI, and there is no evidence that she is suffering from combat-related P'l'SD or the effects of traumatic brain injury.

11Oct 2016—Per below Trial Counsel Memo [unfortunately date line cut off in copy]:  “[The member] informed … SNCO that [the member] had ingested amphetamine and subsequently tested positive for amphetamine at Balboa Naval Hospital…was placed in the Miramar Brig on 14 Oct 2016, and has remained in the brig [for at least 85 days and further indicating her agreement to remain in confinement until separated per SILT Agreement]…”

21 Nov 2016—RECORD SCREEN FOR PTSD noted “after reviewing the medical record and interviewing the member…” the absence of a history of “combat service or deployment…[and] does not exhibit any signs or symptoms of…PTSD or…TBI…[the Applicant] does not exhibit any signs of [PTSD or TBI] and “is medically fit for administrative separation…”  

POST SEPARATION:

01 Dec 2021—VA VVC MH CONSULT
Veteran seen via VVC for 60 min. of first part of MHBSS Comprehensive Assessment (Vet late to VVC and also requested to complete session sooner today, given level of anxiety/hyperarousal). Today's session was conducted via VVC/video modality, per Veteran's request. Veteran has verbally consented to telehealth; alternatives for obtaining care through in-person visit and right of refusal at any time have been explained.  Veteran agreed to services today.
Patient verbally consents to care via telehealth: Yes
Patient confirms location in a safe and private place: Yes

Of note, Veteran very anxious in today's assessment session which she
presented to 20 min. late as well. Vet presented pacing, moving around, at
smoking-taking VVC outside. Due to discussing her level of anxiety, building
rapport, and setting structure for VVC sessions (not smoking, in one private
room w/out others around, etc)., and Veteran's requests to ‘talk things out in
parts, I need to tell you what's going on now, then the other stuff [history]
later on,’ given her agitation/anxiety, assessment to be continued in next
session with this writer.  Mood symptoms not assessed yet-though Veteran describes her mother as having untreated Bipolar Disorder and post-partum depression. Veteran herself notes issues with mood (need much clarification) and was previously prescribed lamictal, zoloft, and Lexapro; now on zoloft only, in addition to Suboxone.
Main history taken today focused on Veteran's psychosocial stressors, namely
process of Veteran's DC in the USMC (felt much gender bias-she was the only
female in the unit, bad leadership lead to worsening substance issues,
depression, suicide attempt-then MST while inpatient at the hospital by Staff
Sgt.). Veteran has history of polysubstance use pre-military (‘experimenting,
some use’) that increased heavily while in the military resulting in counseling,
rehab, time in brig, and DC from USMC Jan 2017.”
Veteran relays the following history today:

-Moved to R, CA in August 2017
-Moved to AZ in Jan 2018
-Visited Aunt in RI April 2018
-Father got very sick-TIA's, early onset dementia Nov 2018

-Nov 2018-March 2020 - lived w/her Aunt _______, fighting about Vet's son
-Increase in ETOH use Jan-March 2020 -tried to find rehab but couldn't pay for it.
-March 2020 - Vet left for CA and left son in RI w/[Aunt]______
-April 2020-May 2020-Did 35 day inpatient/residential rehab in TX
-DCYF case started in April 2020-Aunt contacted lawyer who report. to DCYF
-Aunt tried to get grandparent rites
-Vet was in sober house in MA-1 month sobriety, was made the house manager,
-Jan 2021-kicked out of sober house and has been at Holly Charette ever since Veteran's son is 3 years old and currently in custody of Aunt and Uncle w/DCYF involvement (Aunt initiated DCYF involvement due to Veteran's substance use).  Veteran sees her son for unsupervised visits every other week; describes her Aunt as a barrier to reunification and there is much discord w/family.
6. REVIEW OF SYSTEMS/FUNCTIONAL SCREEN (for all positives describe in detail if not in HPI): …see HPI Sleep disturbance-needs further
assessment 
[X] no [ ] yes [ ] see HPI Problems with self-care/living
skills
[ ] no [ ] yes [ ] see HPI Mania-need to assess further-mother
likely was Bipolar
[X] no [ ] yes [ ] see HPI Psychosis
[ ] no [ ] yes [ ] see HPI Depression-Vet does not feel depressed
at this time, though history of mood issues needs further assessment
[ ] no [X] yes [ ] see HPI Anxiety/Panic-describes some general
anxiety-needs further assessment
[X] no [ ] yes [ ] see HPI Obsessive Compulsive Disorder
7. SUBSTANCE USE SCREENING:
Caffeine Use Pattern: [ ] Never used [ ] Past/Current Use: Not assessed today
Nicotine Use Pattern: [ ] Never used [ ] Past/Current Use: Not assessed today
Have you ever used Alcohol [ ] no [X] yes… Vet started drinking at age 13, sporadic use, describes herself as polysubstance user "I would take anything / everything" w/ETOH as part of this; 2015 ETOH more heavily while in military; feels ETOH use was highest at age 19 years old (also using cocaine and pills, then meth. and heroin at age 19/20). Went to psych. unit at Balboa Hospital for 1 week, then 3-4 weeks of rehab and relapsed in rehab facility. Was in sober house-house mgr for one month, kicked out.”

14 Jul 2022 [over 5 years post discharge]—VA letter of “decision on your VA benefits included: “Your Benefit Information:
•	Service connection for posttraumatic stress disorder with unspecified opioid-related disorder in remission is granted with an evaluation of 100 percent effective July 14, 2021.
•	The claimant is considered competent.
•	Basic eligibility to Dependents' Educational Assistance based on permanent and total disability status is established from July 14. 2021.
Your combined rating evaluation is l00%.”
 [X] Marijuana (cannabis, pot, weed, synthetic marijuana)? started at 14 years
old
[X] Sedatives and/or Tranquilizers (benzos, Valium, Xanax, Ativan,
Ambien, barbs, Phenobarbital, downers, etc.)?
[X] Cocaine and/or Crack? Started age 19 years old
[X] Other Stimulants (amphetamine, methamphetamine, Dexedrine, Ritalin,
Adderall, speed, crystal meth, ice, etc.)? Age 19-was using methamphetamine and Adderall non-stop; IV use
[X] Opiates (Heroin, Morphine, Dilaudid, Demerol, Oxycontin, oxy, codeine
(Tylenol 2,3,4), Percocet, Vicodin, Fentanyl, etc.)? Has been on Suboxone since
Dec 2020 through CODAC
[X] Inhalants (glues, adhesives, nail polish remover, paint thinner,
etc.) ‘I would snort pills as well’
[ ] Other drugs (bath salts, steroids, non-prescription sleep and diet
pills, Benadryl, Ephedra, other over-the-counter or unknown medications)?
For all checked items, briefly describe history, any related problems,
and current use:
Behavioral Addictions (e.g. Pornography, Gambling, etc.): [X] no [ ]
yes, describe:
Family history of the use of alcohol and other drugs, and other addictive
behaviors:
Consequences of Substance Use:
[ ] Physical, if checked, describe:
[ ] Legal, if checked, describe:
[X] Vocational, if checked, describe: DC from USMC
[X] Family/Social/Behavioral, if checked, describe: Discord w/family
[ ] Other, if checked, describe:
BAL/
8. TRAUMA, ABUSE, NEGLECT, EXPLOITATION AND DISCRIMINATION SCREENING
Have you ever experienced any of the following? If yes, describe:
[X]] Physical Abuse
[ ] Sexual abuse/molestation
[X] Domestic Abuse-by son's father-physical abuse (together from Jan-July
2021; broke up this summer due to his drug use)
[ ] Elder abuse
[ ] Combat/atrocity
[X] Military sexual trauma-sexual assault
[ ] Other trauma:
[ ] Neglect
[ ] Exploitation (particularly by someone in a position of power)
Veteran describes having had 3-4 unintentional overdoses due to substance abuse
("USMC treated it like a psych issue"). She endorses one suicide attempt in 2016 while in the military. No current of hx or SIB.
10. PREVIOUS PSYCHIATRIC TREATMENT (describe addictions treatments above under Section 7):
Hospitalizations: Hospital 1 week hospitalization after suicide
attempt 2016?
Outpatient treatment: Family court-ordered tx when she was younger,
military counseling around time of suicide attempt, various treatment for
substance issues - see other section
Medication trials (if applicable): Notes being previously on zoloft,
Lexapro, lamictal; currently on zoloft from prescribing clinician at Gateway doesn't think it is making a difference; does note a seasonal component to mood
Issues 
11. PAST MEDICAL HISTORY
Active Problem
Homeless single person Z59.01 11/09/2021 JOHNSON,ELIZABETH M
Neurologic Screening:
[X] no [ ] yes Have you ever had any of the following: head trauma,
12. MEDICATIONS:
Active Outpatient Medications (including Supplies):
No Medications Found
Veteran reports taking Suboxone through CODAC program in the community.
She describes being prescribed sertraline for mood sxs from Gateway prescriber.
13. ALLERGIES
No Allergy Assessment
14. FAMILY HISTORY OF PSYCHIATRIC ILLNESS (Hx of SUDs in section 7 above): States her father thought Vet's mother had Bipolar Disorder ("In
her diary it said she wanted to put her kids in the fireplace"), Vet describes
mother as having manic behaviors and post-partum sxs
Veteran also states her sister has been diagnosed with Borderline Personality
Disorder.
15. PSYCHOSOCIAL HISTORY
Family Environment: Born in RI. Moved to SC at age 9. Oldest of 5 (23 year-old brother, 22 year-old sister, 11 year-old sister, 9 year-old singer). Mother with likely untreated Bipolar Disorder-will get additional history in future
sessions.
Developmental (incl. learning disabilities, behavioral disturbances, psych. illness): Had speech tx for lisp when she was younger. Notes getting in
trouble for talking a lot when she was younger/in school. Never dx'd w/anything
in school or held back/advanced a year.
Academic: Described herself as a good student who procrastinated quite a bit.
Grades better towards later years of HS. Graduated HS. Has 7 more classes left
in paralegal studies at CCRI w/3.97 GPA in college so far.
Occupational: Went into USMC at age 17. Has worked various other jobs-rental car company, retail, fast food. Currently not employed though states she is in
process of applying for Pharmacy Tech (has license) for Walgreens. Current Source(s) of Income/Financial Concerns: Food stamps Sexual orientation: Heterosexual. Do you consent to have this documented in your record? Y
Relationship Status: Single, broke up w/b/friend this summer
Current Living Arrangements: house pacing/moving, requesting to "just get it out, what's going on with me now,"
talking rapidly re: present psychosocial stressors/situation. Agreed we would meet again to continue assessment information/process, given level of anxiety and amount of time spent clarifying Veteran's responses/ timeline. Appt. conducted via VVC while Vet at house where Veteran resides in communal living while she is working w/DCYF and MH providers at Gateway in order to gain custody of her 3 year-old son. Vet's son currently lives with Veteran's aunt and uncle (w/whom Veteran reports having a contentuous [sic] relationship).
Veteran has long history of Polysubstance Use Disorder and is being treated by CODAC and on Suboxone. She has a counselor through Gateway and takes sertraline medication from prescribing clinician there as well. Veteran notes history of childhood verbal and physical abuse, in addition to MST. Given Veteran's selfreport style, time constraints, and complex presentation/history, assessment will be a process across multiple initial appts. to continue to clarify diagnosis. She has a history of one intentional suicide attempt in 2016 (OD pills) and 3-4 unintentional overdoses w/her substance abuse. Veteran denied having any SI/HI. No plan/intent/action to harm self or others. She is future oriented to continuing to working towards custody of her son. Reviewed how to
access all emergency services, as needed.”

COMMENT:  
Against a developmental background of family and developmental behavioral difficulties, including her mother described as having untreated Bipolar Disorder and post-partum depression, having been expelled from school for fighting during her 6th Grade, resulting in transfer to an alternate school, apparent traits suggestive of a borderline personality structure, and mood difficulties of a depressive nature, including chronic suicidal ideation (no attempts), drug use resulting in parents turning her in to authorities (resulting in program including jail visitation),  getting in trouble for talking a lot when she was younger/in school (though never officially diagnosed with anything in school or held back/advanced a year and she described herself as a good student who procrastinated quite a bit with grades improving towards later years of high school.  The forgoing was accompanied by a somewhat chaotic social and romantic life.  Following high school graduation, mood/depressive and at least some behavioral symptoms persisted; and the Applicant enlisted in the Marine Corps at age 17 to gain a new start in life.  Though initially, doing quite well, with respectable pro/con marks the coincident occurrence of a couple of injuries accompanied by abiding pain for which only partial relief came from conservative therapy.  In a somewhat unclear nexus to simply pain related issues, she would appear to fall back into drug involvement (Xanax, etc) in the context of suffering pain resulting (with an unclear nexus to pain issues)  resulting in two relatively brief psychiatric hospitalizations there followed a period of  increased depression with an isolated suicidal drug overdose, eventually resulting in the diagnosis of a Borderline Personality Disorder with a recommendation for administrative separation under the administrative umbrella of a SILT agreement.  Following discharge, the Applicant reportedly suffered a Postpartum Depression, lost custody of her, then 3 year old son, and been basically homeless.  Nonetheless, she obtained enough schooling to be close to qualifying for an Associates Degree. In the above context, the Applicant’s testimony was punctuated by some unclear memories, and inconsistencies but with a compelling quality to her emotional affective display when the subject of her, unfortunately, undocumented (contemporary with her enlistment) MST occurred during a psychiatric hospitalization allegedly perpetrated by a SSGT assigned to stand watch over her due to reported suicide risk.  Despite the Applicant’s chaotic formative years with evidence suggesting both a Personality Disorder and elements of an undiagnosed, superimposed Adjustment Disorder with Depressive elements and compounded by resorting to substance abuse (Substance Use Disorder, including Alcohol Use Disorder) and suicidal ideation continuing during her enlistment and beyond combined with the compelling quality of her PAH testimony suggests a tenuously mitigating mental health related nexus with respect to her misconduct.  Combined with the Applicant’s evidence of having been a ‘good Marine’ early on in her enlistment  up until 31 July 2016 followed by NJPs for underage drinking and abusing Xanax (apparently a suicide attempt) followed by turning to amphetamine abuse apparently due to an unfortunately documented encounter followed by her persistent struggles to improve her life post discharge suggest consideration of mitigation as a matter of clemency.	

When reviewing discharges, the NDRB considers the standards for determining characterization of service where 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.  Further, an honorable discharge characterization does not require flawless military service; many veterans are separated with an honorable characterization despite some relatively minor or infrequent misconduct.  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.  An Under Other Than Honorable Conditions discharge is warranted when a member engages in conduct involving one or more acts or omissions that constitute a significant departure from the conduct expected of members of the Naval Service. 

In this case, the Board found 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 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 NJP for violation of Article 92 of the UCMJ and a retention warning counseling for violation of Article 134 and 112a of the UCMJ; this was a failure to meet the requirements of her contract honorably.  On 20161107, the Applicant submitted her request for separation in lieu of trial by court-martial (SILT).  In the request for discharge, the Applicant noted that her counsel had fully explained the elements of the offenses for which she was charged and that she was guilty of those offenses.  The Applicant certified a complete understanding of the negative consequences of her actions and that characterization of service could be Under Other Than Honorable Conditions, which might deprive her of virtually all veteran’s benefits based upon her current enlistment.

However, the Applicant contends her PTSD and MST were mitigating factors in her misconduct.  The NDRB requested the Applicant’s medical treatment records for both in-service and post-service medical treatment from the VA and conducted a thorough review.  The NDRB Medical Officer did find a mental health diagnosis of a borderline personality disorder complicated by substance use disorder with undiagnosed but a likely component of an adjustment disorder with mood disturbance.  While the NDRB was unable to substantiate the Applicant’s claim for MST or determine a correlation to the Applicant’s prior misconduct, the NDRB finds that the Applicant’s mental health condition warrants consideration for liberal guidance afforded by the Kurta, Wilkie, Hagel, and Carson memos.  However, the NDRB finds the evidence of record did not show that the Applicant’s mental health was a sufficient mitigating factor to exculpate the Applicant’s conduct or accountability concerning her actions.  The Applicant was surrounded by leadership and resources that were available to her during her service.  Further, even after NJP, the Applicant deliberately broke restriction to continue her abuse of drugs.  Thus, weighing (using the scales of liberal consideration) the Applicant’s overall performance and conduct against the standards for characterization of service, the Board held that the Applicant’s mental health issues mitigated but did not completely exonerate the misconduct and that a change in the characterization of service to General (Under Honorable Conditions) was appropriate.  

Decision

After a thorough review of the available evidence, to include the Applicant’s issues, summary of service,  record entries, and discharge process, the NDRB found .  Therefore, the awarded characterization of service shall  GENERAL (UNDER HONORABLE CONDITIONS), the narrative reason for separation shall  IN LIEU OF TRIAL BY COURT MARTIAL with a corresponding separation code of KFS1, and the reentry code shall  RE-4.  The Applicant is not eligible for further reviews by the NDRB.  The Applicant may petition the Board for Correction of Naval Records, 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 for further review using DD Form 149.  

ADDENDUM:  Information for the Applicant

Additional NDRB Reviews: After receiving a NDRB Document Review, an Applicant remains eligible for a Personal Appearance/Telephonic Hearing if the application is received by the NDRB within 15 years of the Applicant’s date of discharge.  The Applicant can provide documentation to support any claim(s) related to their discharge as well as evidence of post-service accomplishments.  Representation at a personal appearance hearing by an Attorney (or Advocate) 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.  However, if you have been discharged for more than 15 years, already had a personal appearance hearing, or otherwise exhausted your opportunity to be heard by 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.

Appeal Procedures on NDRB Decision: If you contest the NDRB’s decision in your case AND you already contested the NDRB’s previous decision at a Personal Appearance Hearing or otherwise exhausted your opportunity before the NDRB (or it has been more than 15 years since your discharge), 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.  The BCNR is the highest level of administrative review within the Department of the Navy/Marine Corps to correct errors or injustices to member’s records.

Complaint Procedures on Format: If you believe the decision in your case is ambiguous, 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 (JSRA), OUSD (P&R) PI-LP, The Pentagon, Washington, DC  20301-4000.  You should read Enclosure (5) of the DoD Instruction 1332.28 before submitting such a complaint.  This complaint procedure does not permit a challenge on the merits of the NDRB’s decision; the JSRA is designed solely to ensure that the NDRB decisional documents meet applicable requirements for clarity and responsiveness.  Therefore, if you are contesting the merits of the NDRB’s decision and already had a NDRB personal appearance hearing or otherwise exhausted your opportunities before the NDRB, the Applicant may appeal/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 [VA] Benefits: The U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB.  The NDRB has no authority to upgrade a discharge for the sole purpose of facilitating access to VA benefits.  Regulations limit the NDRB’s review solely to a determination of the propriety, equity, and clemency of a discharge.  Consequently, the Applicant should petition the VA, which determines eligibility for post-service benefits.  The VA conducts its own determination of eligibility based on service records and input from an Applicant upon their request.  (See www.va.gov/discharge-upgrade-instructions).  Therefore, if the NDRB grants a change to a discharge, the NDRB will notify the Commander, Navy Personnel Command or Commandant of the Marine Corps that the DD 214 be corrected as appropriate; however, it is the Applicant’s responsibility to ensure these changes are incorporated into the record by the respective Service Headquarters.  Further, it is the Applicant’s sole responsibility to submit these changes to the VA for a determination of eligibility for VA Benefits.  Finally, the Applicant should refer to the Veterans Administration website (https://www.va.gov/) for information regarding VA benefits and healthcare.  Additionally, Veterans in acute suicidal crisis can go to any VA or non-VA health care facility for emergency health care at no cost – including inpatient or crisis residential care for up to 30 days and outpatient care for up to 90 days.  Veterans do not need to be enrolled in the VA system to use this benefit.  In order to find the nearest VA office to receive assistance with determining VA eligibility/access, the Applicant should refer to https://www.va.gov/find-locations. 

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 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.  If the Applicant’s claim of PTSD/TBI was based in whole or in part on sexual trauma, intimate partner violence, or spousal abuse, the NDRB obtained a review by a psychiatrist, psychologist, or social worker with training on mental health issues associated with PTSD/TBI or other trauma.  

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 that 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.  Additionally, Veterans in acute suicidal crisis can go to any VA or non-VA health care facility for emergency health care at no cost; you can use this benefit regardless of your discharge status, or enrollment in VA health care.  In order to find the nearest VA office to receive assistance, see Find your nearest VA medical center.