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Docket No. MD02-01039

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

ex-LCpl, USMC
Docket No. MD02-01039

Applicant’s Request

The application for discharge review, received 020711, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance hearing discharge review before the board in the Washington National Capital Region.  The applicant listed Disabled American Veterans as his representative on the DD Form 293.  In the acknowledgement letter to the Applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. 

Decision

A documentary discharge review was conducted in Washington, D.C. on 030410.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did discern an inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall change.  The discharge shall change to: HONORABLE/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  My discharge is improper because I did serve my time honorably.  My command decide upon my discharge because they felt that it was best for myself and them.  Now, I am a full time college student and I need the assistance from the G.I. Bill but I can't get any with my discharge status.
Dear Chairperson:

2:  DAV's Issue: 

After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current General, Under Honorable Conditions Discharge to that of Honorable.

The FSM served on active service from September 22, 1997 to November 9, 2000 at which time he was discharged by reason of Personality Disorder.

The FSM contends the current discharge is improper because there is no evidence of bad conduct, and that he did serve his time in an honorable manner.  The record reflects that even though there were infractions by the FSM, the Command did realize that in times of stress, the psychiatric problems would increase and have a significant impact on the FSM's behavior.

This creates a need for a review of the application of the standard, for the Board to determine that the applicant's discharge was improper.  The Board will determine which reason for discharge should have been assigned based upon the facts and circumstances before the Board, including the service regulations governing the reasons for discharge at that time, to determine whether relief is warranted.  See, SECNAVIST 5420.174 (c), Par. (f) (1).

In continuance, the FSM goes onto explain that the discharge was the choice of the command, as they explained that it was in his best interest.

As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the applicant submits to the Board's discretionary authority, under SECNAVIST 5420.174C.

Under the premises of equitable relief, we believe the Board can change the discharge to reflect an Honorable discharge, and leave that to a determination by the Board

We ask for the Board's 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:

Copy of DD Form 214
Transcript from Sacramento City College
Student Registration Status Report from Sacramento City College 

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		970723 - 970921	COG

Period of Service Under Review:

Date of Enlistment:  970922		Date of Discharge:  001109

Length of Service (years, months, days):

	Active:    03  01  18
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  45

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.2 (8)			Conduct:  4.5 (8)

Military Decorations:  None

Unit/Campaign/Service Awards:  AFEM, SSDR, Rifle Sharpshooter Badge,  

Days of Unauthorized Absence:  7

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:

980605:	NJP for violation of UCMJ, Article 86: SNM did on or about 980416  absent himself from appointed place of duty to wit: G Co, 2/1 and did remain so absent until 980423 (7 days/S).
Awarded Restriction and extra duties for 30 days, reduction to E-1 (suspended for 6 months).  Not appealed.

991006:	Counseled for deficiencies in performance and conduct.  [For being UA from the appointed place of duty from 0700-1030 on 991004.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000626:	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:  Occupational Problems.
	
	AXIS II:  Personality Disorder NOS with avoidant and schizotypal features.

000810:	Counseled for deficiencies in performance and conduct.  [Personality disorder.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000814:	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.

000815:	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.

000818:	Commanding Officer recommended an honorable discharge 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 diagnosis as having a severe personality disorder.

001010:	GCMCA [Commanding General] 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 001109 under honorable conditions (general) 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 not equitable (D and E).

Issues 1 and 2.  The Veterans Administration determines eligibility for post-service benefits, not the NDRB.  The Board found that in the Applicant’s case, the characterization of service should have been the “type warranted by service record.”  A review of the Applicant’s records indicated an honorable discharge was warranted.  The Applicant’s performance and behavior marks were above the standard required for an honorable discharge and recommendations from his chain of command up to and including his regimental commander warranted an honorable characterization.  Therefore, relief is granted.

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/A9445/A9218/A9202