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Docket No. MD06-00627

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

FOR OFFICIAL USE ONLY

ex-PFC, USMC
Docket No. MD06-00627

Applicant’s Request

The application for discharge review was received on 20060403.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record discharge review.  The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20070125.  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 of the discharge shall not change.  The discharge shall remain General (Under Honorable Conditions) by reason of convenience of the government due to a personality disorder.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues:

	No decisional issues.

Documentation

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

Applicant’s DD Form 214 (Member 4)
Letter from V_ M. H_, MD, Department of Veterans Affairs, dated September 27, 2005
Letter from E_ H_, Associate Professor, College of Aeronautics, dated January 10, 2004
Letter from T_ A_, P.E., Professor, College of Aeronautics, dated December 22, 2003
Letter from S_ O_, Director - Trio Programs, College of Aeronautics, dated December 22, 2003

PART II - SUMMARY OF SERVICE

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

	Inactive:  USMCR (DEP)	19990407 - 19990711	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19990712		Date of Discharge:  20010330

Length of Service (years, months, days):

Active:    01  08  19
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  18

Years Contracted:  5

Education Level:  12				AFQT:  92

Highest Rank:  LCpl				MOS:  9972 (Aircrew Trainee)

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.1 (4)				Conduct:  3.7 (4)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  Rifle Marksman Badge.

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:

010112:	NJP for violation of UCMJ Article 92 (2 specs):
	Specification 1:  On 001214 SNM violated the UCMJ BEQ Campaign Plan by consuming alcoholic beverages under the age of 21.
	Specification 2: On 001214 SNM violated OPNAV 3710.7Q by consuming alcohol less than 12 hours prior to flight planning.
Violation of UCMJ Article 86: On 001214 SNM failed to go his appointed place of duty.
Violation of UCMJ Article 134: Drunkenness - incapacitation for performance of duties.
	Award:  Forfeiture of $500.00 per month for 1 month, reduction to E-2.  Forfeiture suspended for 6 months.  Not appealed.

010112:	Counseling:  Advised of deficiencies in performance and conduct (Being late for preflight showtimes, consuming alcohol under the legal age, and violating the 12 hour bottle to flight planning rule.), necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

010221:	Applicant has been evaluated and diagnosed with a severe personality disorder.  Although not imminently suicidal or homicidal, the member may pose a continuing risk to do harm to self or others and negatively impact unit effectiveness and morale if retained in naval service.  Therefore, it is strongly recommended that a 6105 entry be waived and that the member be processed expeditiously for an administrative discharge in accordance with MARCORSEPMAN paragraph 6203.3 by reason of unsuitability.

010228:	Applicant notified of intended recommendation for discharge as general (under honorable conditions) by reason of a personality disorder.  The factual basis for this recommendation was your inability to adjust to the demands of military life.  Applicant informed the least favorable character of service possible was as general (under honorable conditions).

010301:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

010301:	Commanding Officer recommended Applicant’s discharge with a general (under honorable conditions) by reason of a personality disorder.

010302:	Applicant completed the Alcohol IMPACT course conducted from Feb 26-March 2, 2001.

010323:	SJA review determined the case sufficient in law and fact.

010323:	GCMCA, Commanding General, 2d Marine Aircraft Wing, directed the Applicant's discharge with a general (under honorable conditions) by reason of convenience of the government due to a personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010330 by reason of convenience of the government due to a personality disorder (A) with a service characterization of general (under honorable conditions).  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 (B and C).  The Board presumed regularity in the conduct of governmental affairs (D).

The Applicant contends his discharge should be honorable.  Under applicable regulations, separations based on a personality disorder should be either honorable or general (under honorable conditions) as determined by the Marine's service record unless the Marine is in an entry level status.  Service will be uncharacterized for a Marine in an entry level status.  A general discharge may be warranted if the Applicant’s service contains records of nonjudicial punishments, disciplinary actions, or if other significant negative aspects existed, which outweighed the positive aspects of the member’s period of service.  The Applicant’s record contains an NJP for violation of UCMJ Article 86 (Unauthorized absence); Article 92 (Failure to obey order, regulation – 2 specifications); and Article 134 (Drunkeness).  In light of this evidence, the NDRB unanimously concluded that the Applicant’s discharge characterization of general (under honorable conditions) was proper and equitable.  Relief denied.

The Applicant is advised that there is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits or enhancing employment and educational opportunities.  Additionally, the Board has no jurisdiction over reenlistment, reentry, or reinstatement into any of the Armed Forces.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  Since these issues do not provide a foundation upon which the Board can grant relief, relief on this basis is not warranted.

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 post-service accomplishments or any other evidence related to the 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 31 August 2001.

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.  

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 1332.28 and other Decisional Documents by going online at “http://Boards.law.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:

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