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Docket No. MD02-00030

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

 ex-PFC, USMC
Docket No. MD02-00030

Applicant’s Request

The application for discharge review, received 010926, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.  Subsequent to the application, the applicant obtained representation by the Disabled American Veterans.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020529.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNCHARACTERIZED/ PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  Dear Chairperson:

After review of the Former Service Members (FSM) DD Form 293 Application for Discharge Review and all of the evidence assembled for review, we continue to support the contentions as set forth by the applicant, in his request that he given the opportunity to re-enlist to enable him to receive a Honorable Discharge. (FSM) joined the United States Marine Corp on June 07, 1999 until December 12, 1999 where he served without any misconduct or need for non-judicial punishment.  The only unusual notation on his Recommendation For Administration Separation is on the narrative reason for Discharge noted as a Personality Disorder.  He was subsequently diagnosed by medical authorities as suffering from dependent and passive aggressive features.  They further stated that through his actions and inability to adapt to military life (FSM) had demonstrated he is incapable of continued service in the United States Marine Corps.
The (FSM) seeks to re-enlist in an effort to serve his country in hope of being granted An Honorable Discharge.  He further stated that an Honorable Discharge from the USMC is a matter of Honor.  We respectfully request that the (FSM) be given complete consideration by the Board.  We also request you consider each reasonable explanation submitted by the (FSM) who wishes now to correct his youthful and immature behavior he demonstrated in prior service.  During the (FSM) entire military service of over (6) months with no infraction or acts of misconduct is otherwise noted by the authority.
This (FSM) served a period of nearly (6) months without incident or any other action to warrant any corrective respond to be taken by his superiors.  The only basic for the Uncharacterized Discharge to note is for him being referred to, as narrative a reason for discharge is Personality Disorder with specific explanations.  This narrative reason should not be used as a basic to warrant such a separation according to its merit.
We ask for the Boards careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision.  These issues do not supersede any issues previously submitted by the applicant.

Documentation

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

Statement from applicant's mother dated June 20, 2001
Character reference dated March 2001
Character reference dated February 24, 2001
Copy of DD Form 214
Copy of separation/travel pay certificate dated December 17, 1999
Two pages from applicant's service record
Character reference from Brookings County Sheriff's Office
Character reference dated May 19, 2001
Memorandum (character reference) dated April 18, 2001
Character reference dated April 25, 2001

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		980623 - 990606	COG

Period of Service Under Review:

Date of Enlistment:  990607		Date of Discharge:  991217

Length of Service (years, months, days):

	Active:    00  06  11
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  35

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.2 (1)			Conduct:  4.2 (1)

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

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

UNCHARACTERIZED/PERSONALITY DISORDER, authority:  MARCORSEPMAN Par. 6203.3.

Chronological Listing of Significant Service Events:

991015:	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: Personality disorder NOS with dependent and passive aggressive traits.
	
991020:	Counseled for deficiencies in performance and conduct.  [Diagnosed with a personality disorder that hinders your ability to train].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

991026:	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.

991026:	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.

991026:	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 psychiatric evaluation.  The factual basis for this recommendation was applicant's personality disorder.  Applicant was subsequently diagnosed by medical authorities as suffering from dependent and passive aggressive features.  Though applicant's actions and inability to adapt to military life, applicant has demonstrated that he is incapable of continued service in the United States Marine Corps.  

991124:	GCMCA [Commanding General, Marine Corps Base, Camp Pendleton, CA] directed the applicant's discharge uncharacterized 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 991217 uncharacterized 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 and equitable (D and E).

Issue 1.  Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  Relief is therefore denied.

The Board found that the applicant’s age, education level, and test scores qualified him for enlistment.  While he may feel that his immaturity and youth was a factor that contributed to his actions, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service.  The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.
  
The fact that the applicant served for six months and eleven days with no misconduct documented in page 11 or page 12 of his service record book does not provide a basis for changing an uncharacterized discharge [B].  The applicant’s discharge characterization accurately reflects his service to his country.  By regulation, members processed for discharge within the first 180 days of enlistment are given characterization of service as “Entry Level Separation” unless there were unusual circumstances regarding performance or conduct which would merit an “honorable” characterization.  The applicant’s service record did not contain any unusual circumstances during his six months in the military to warrant a change of discharge to “honorable.” The discharge was proper and equitable.  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the applicant’s enlistment. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  The applicant can provide additional documentation to support any claims at that time.  Legal representation at a personal appearance hearing is highly recommended but not required.  Relief denied.

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 “afls10.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:  A2900/A9241/A9301/A2901