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Docket No. MD02-00892

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

 ex-LCpl, USMC
Docket No. MD02-00892

Applicant’s Request

The application for discharge review, received 020605, 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 030228.  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: GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  Dear Chairperson:

After a review of the Former Service Member (FSM) DD Form 293 Application for the Naval Discharge Review Board of Discharge or Dismissal from the Armed Forces of the United States 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 be given the opportunity to upgrade his General (Under Honorable Conditions) to a Honorable Discharge.

The (FSM) entered the Marine Corps on June 16, 1998 until April 04, 2002 a period of over (4) years of highly creditable service.  During this period the (FSM) served without any Non-Judicial Punishments.  The (FSM) performed his military duties without any difficulty except for the stated reason on his narrative of discharge character of service discharge.  The (FSM) started experiencing mental problems which subsequently lead to him being diagnosed by military staff (PERSONALITY DISORDER) the reason for his separation of General (Under Honorable Conditions) Discharge.

The (FSM) desires now to have his General (Under Honorable Conditions Discharge up-graded to an Honorable Discharge from the US Marine Corp.

The (FSM) feels his military accomplishments of service are a matter of Supreme Honor and Respect he will cherish throughout his lifetime.  The (FSM) also states he had always tried to achieve Honor and Respect during his almost entire term of enlistment of military duty in the Marine Corp, but was separated for extreme medical problems. The (FSM) now seeks to correct the narrative of his discharge to medical Discharge and to be retired from military service.  The (FSM) is submitting a copy of his Veterans Affairs Rating of 30% for his service connected mental conditions.

The (FSM) now feels the mental condition was service related and aggravated by military service so due that fact he should be entitled and compensated for his mental condition.  The service connected condition is preventing the (FSM) from a stable employment future.

We respectfully request that the (FSM) be given complete and duly consideration by the board.  We also respectfully request that the board consider each reasonable explanation submitted by the (FSM) who now wishes to seek to correct the mistakes that he feels that the US States Marine Corp made when they discharged him for to Wit: Personality Disorder.

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:

Letter from Applicant dated April 18, 2002 (2 pages)
Compensation Claim Decision from Dept of Veterans Affairs dated October 16, 2000 (2) 
Copies of DD Form 214 (3)

PART II - SUMMARY OF SERVICE

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

	Active:   USMC		None
	Inactive: USMCR(J)		970625 - 980615	COG

Period of Service Under Review:

Date of Enlistment:  980616		Date of Discharge:  000404

Length of Service (years, months, days):

	Active:    01  09  19
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  55

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  3.9 (6)			Conduct:  3.9 (6)

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Marksman Badge, Pistol Marksman Badge

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:

000127:	Medical evaluation by a military psychiatrist concluded that the Applicant’s personality disorder was so severe that his ability to function safely and effectively in the military environment was significantly impaired.  Applicant poses a continuing risk of harming himself or others.  Further, it is the opinion of the attending psychologist and psychiatrist that this member has failed to adapt to the military environment and that future successful adaptation is not possible for him.  His personality disorder is not considered amenable to conventional psychiatric care, nor will it be resolved by transfer to another assignment, disciplinary action, training, or reclassification to another MOS. It is therefore strongly recommended that he be immediately processed for Expeditious Administrative Separation from the service. 

	AXIS I: 309.0 Adjustment Disorder with Depressed Mood
	
	AXIS II: 301.9 Personality Disorder Not Otherwise Specified with Borderline Traits

	AXIS III: Mild tremors

	AXIS IV: Occupational stressors

	AXIS V: GAF at Best in Past Year: 70 Some mild symptoms
   GAF at Evaluation: 50 Serious symptoms
			
000129:	Counseled for deficiencies in performance and conduct.  [Diagnosis of a severe personality disorder.  This disorder manifested itself in misconduct of self inflicted lacerations.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000207:	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.

000207:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

000207:	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 a diagnosed personality disorder.  Applicant was evaluated by the Mental Health Department, U.S. Naval Hospital, Okinawa, Japan, due to his emotional instability and aggressive behavior.  He has demonstrated by his actions that he is unable to conform to military standards and has absolutely no potential for further military service.

000215:	Counseled for having a personality disorder of such severity that his ability to function effectively in a military environment is significantly impaired, sources of assistance provided, recommended for administrative separation.

000303:	GCMCA [Commander, 3^rd Marine Division] 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 000404 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 and equitable (D and E).

Issue 1.  The Veterans Administration 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.  A characterization of service of under honorable conditions (general) is warranted when the Applicant’s conduct evaluation average is below 4.0.  The Applicant’s conduct evaluation average was below the standard required for an honorable characterization of service.  The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident during the Applicant’s enlistment.  Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service.  Relief not warranted.

The Applicant 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.  Representation at a personal appearance hearing is recommended but not required.

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/A9401/A9217/A9201/A9221