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Docket No. MD01-00076

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

ex-LCpl, USMC
Docket No. MD01-00076

Applicant’s Request

The application for discharge review, received 001017, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to COG.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010406.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did find inequity in the characterization of the applicant’s service.  Accordingly, the Board grants partial relief.  The Board’s vote was unanimous that the character of the discharge shall change to: HONORABLE/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  From 1998 June 08 to 1999 May 26, My service record reflects that I served without disciplinary incident.

2.  Had I been allowed to recieve therapy, I would have most likely not been discharged.

3.  I did not have depression before I enlisted.  It is unjustly that I have been discharged by reason of convience of the government.

4.  I was diagnosed with personality disorder NOS.  NOS meas there was not enough conclusive information to make a diagnosis.  Therefore my diagnosis was improper.

5.  I have since then been diagnosed as not having a personality disorder.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214
Statement from applicant dated August 11, 2000
Copy of psyschosocial evaluation dated August 10, 2000
Three pages from applicant's medical record
Copy of Beck Depression Inventory (4 pages)
Articles on Cluster C Personality Disorders (8 pages)

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive: USMCR(J)		970818 - 980607	COG

Period of Service Under Review:

Date of Enlistment:  980608		Date of Discharge:  990526

Length of Service (years, months, days):

	Active:    00  11  19
	Inactive:  None

Age at Entry:  17			Years Contracted:  4

Education Level:  12			AFQT:  53

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.1 (3)			Conduct:  4.1 (3)

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority:  MARCORSEPMAN Par. 6203.3.

Chronological Listing of Significant Service Events:

990408:	Medical evaluation by a military psychiatrist concluded that the applicant’s personality disorder was so severe that his ability to function effectively in the military environment was significantly impaired.

	AXIS I: Adjustment disorder with disturbances of emotions.
	
	AXIS II: Personality disorder NOS with avoidant and dependent features.

990409:	Counseled for deficiencies in performance and conduct.  [Diagnosed with a personality disorder which hinders your ability to continue training.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990413:	Applicant notified of intended recommendation for discharge under honorable conditions (general) for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric evaluation.

990413:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

990413:	Commanding officer recommended discharge under honorable conditions (general) for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychological evaluation.  The factual basis for this recommendation was applicant's suicidal ideations. 

990505:	GCMCA [Commanding General, Marine Corps Base, Camp Pendleton, CA] directed the applicant's discharge under honorable conditions (general) for convenience of the government due to a personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990526 general (under honorable conditions) for convenience of the government due to a personality disorder (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper but inequitable (D and E).  Accordingly, partial relief is granted.

The Board carefully considered the applicant’s request for an upgrade to Honorable by reason of Convenience of the Government, and found that other than his diagnosis of  Personality disorder with suicidal ideation, the applicant had no adverse marks in his service record.

 The applicant was diagnosed with " Assessment: 18 year old male unable to cope with apparent rejection by another Marine; Axis I: Adjustment Disorder with disturbance of the emotions; Axis II: Personality Disorder NOS with dependent and avoidant traits; Axis III: RAD.  He is considered a danger to self and others if retained in USMC.”, by competent medical authority at the Mental Health Clinic, Naval Hospital, Camp Pendleton, CA, and was recommended for expeditious administrative separation from the Marine Corps (A, Part IV) pertains.  The mere presence of a personality disorder is not a bar to Naval Service.  Members may be separated for personality disorders provided (1) a medical diagnosis is made by competent military medical authority which concludes that member's disorder is of such severity as to render member incapable of serving adequately in the Naval Service; (2) there is documented interference with performance of duty; and (3) counseling in accordance with paragraph 6105 of the MARCORSEPMAN is completed.  The only exception is in cases where the military medical authority has evaluated the member as being self-destructive and/or a continuing danger to him or herself and others.  In these cases, immediate processing for administrative separation may be initiated.  Thus, the Board finds that the Reason for Discharge reflects the applicant's mental health status at the time of his discharge, and was proper and equitable at the time of issuance.  "Personality Disorder" is an accurate narrative description of the reason for the applicant's discharge.  The contention that the personality disorder no longer exists or has been overcome does not provide a legitimate basis to alter history.  Relief on this basis is denied.

The Board separately considered the applicant’s request for upgrade of his discharge from General (under honorable conditions) to Honorable.  The record revealed no NJP offenses, no adverse counseling entries and proficiency and conduct marks which reflected honorable service.  The Board unanimously finds the nature of the applicant’s service Honorable and directs his discharge be changed to Honorable/Personality Disorder.

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 until Present.

B.  Table 6-1, Guide for Characterization of Service, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 until Present.

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

E.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT

If you believe that 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 Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive 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 Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.af.mil”.  

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A8600/A9456/A9322