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Last saved by: shirley.robertson
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Docket No. MD04-00234

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

ex-PFC, USMC
Docket No. MD04-00234

Applicant’s Request

The application for discharge review was received on 20031119.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to “Hardship and change of RE-Code to 
RE-1.”  The Applicant requests 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 20040812.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character and narrative reason 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 stated

Applicant’s issues, as stated on the application:

1.  “I was told that I had a Personality Disorder and that I was going to be discharged.  A evaluation from a independent psych consult agency has shown clearly that I was improperly diagnosed.  There evaluation showed that I am in perfect mental health.

I hold a job as a Director of Sleep Medicine.  This type of separation, Narrative of seperation; and Re-Entry Code has caused major detrement to my career as well as my standing in the medical community.

I am an active member of my church and community, I have a wife and two children with a third on the way, I have a great career, All of these things have been over shadowed by this seperation.”

Documentation

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

Applicant’s DD Form 214
Psychological evaluation, dated October 1, 2003 (7 pages)
Letter from psychological professional, dated October 1, 2003
Letter of recommendation from supervisor, dated November 7, 2003

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USMCR(J)		971219 - 980525	COG

Period of Service Under Review:

Date of Enlistment:  980526			Date of Discharge:  990721

Length of Service (years, months, days):

	Active:    01  01  26
	Inactive:  None

Age at Entry:  17 Parental Consent		Years Contracted:  4

Education Level:  12			AFQT:  53

Highest Rank:  PFC

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.2 (3)			Conduct:  4.2 (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:

990322:	Medical evaluation by a military psychologist.

	AXIS I: Adjustment disorder (Unspecified).
	AXIS II: Deferred.
	
990406:	Medical evaluation by a military psychologist concluded that the Applicant’s personality disorder was so severe that his ability to function effectively in the military environment was significantly impaired.  Applicant is not mentally ill.

	AXIS I: Adjustment disorder (unspecified)
	AXIS II: Personality disorder not otherwise specified with Cluster B features.
	
990411:	Applicant placed on sick in quarters for one day.  No duty, confined to quarters except for mess facilities.  Diagnosis: Depression, suicidal ideation.  Applicant to return to mental health on 990412.

990412:	Counseled for deficiencies in performance and conduct.  [My inability to appropriately handle my personal problems and stress.  I am further counseled on my inappropriate destructive thoughts of harming myself.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990506:	Applicant informed battalion surgeon that he would commit suicide if not discharged [extracted from CO’s letter of 99510].

990507:	Company Commander’s Comments: [Since arriving to this unit, [Applicant] has adequately performed his duties as a rifleman for 4 months.  However, since his threatening UA, destructive thoughts and suicidal ideation, we have been required to de-issue his military weapon and reassign him to the company office and provide 24 hour supervision on more than one occasion].

990510:	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 psychological

990510:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

990510:	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 based on your diagnosed personality disorder by the Naval Medical Center Psychiatrist.  

990614:	DD Form 2697, Applicant indicates a history of:  Suicide attempts or plans, dizziness or fainting spells, eye trouble, high or low blood pressure, cramps in legs, skin diseases, tumor growth, cyst or cancer, recent gain or loss of weight, trouble sleeping, depression or excessive worry, nervous trouble and periods of unconsciousness.  Applicant’s statement: [My personality disorder hinders my performance as a rifleman.]

990712:	GCMCA [Commanding General, 1^st Marine Division (Rein), 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 19990721 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 documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder.  The Applicant was diagnosed with a personality disorder by a competent medical authority on 6 April 1999.  The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  Relief denied.

The applicant was diagnosed with "Personality disorder, not otherwise specified with Cluster B features" by competent medical authority and was recommended for expeditious administrative separation.  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 revise official records that were accurate at the time of issuance.  Relief denied.

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.  The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that his discharge was appropriate and that his evidence of post-service conduct was found not to mitigate the conduct for which he was discharged.  Relief denied.

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.  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.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time.  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.