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USMC | DRB | 1999_Marine | MD99-00309
Original file (MD99-00309.rtf) Auto-classification: Denied


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

ex-Sgt, USMC
Docket No. MD99-00309

Applicant’s Request
The application for discharge review, received 981222, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to end of active service. The applicant requested 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 000614. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned 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/
SECRETARIAL AUTHORITY, authority: MARCORSEPMAN Par. 6214.

The NDRB did note an administrative error on the original DD Form 214. Block 18, Remarks, should contain the following statement: “CONTINUOUS HONORABLE ACTIVE SERVICE FROM 88JUN13 UNTIL 93NOV03”. The original DD Form 214 should be corrected or reissued as appropriate.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. The fact that I was trying to seek help for my problems before the incident but was receiving havack from my command in doing so.

2. The fact that the senior police officer at the incident testified that I was only a treat to myself and no one else. He also testified that he seen I was having some serious problems that my command didn't notice nor care too much about.

3. The fact that the only enlisted member on the board could see what my command, doctors, or presecution could not about my situation and the incident.

4. With the issues listed above, I feel that no misconduct was committed since no one was injured or hurt by the incident. I feel my discharge for misconduct was unjust and should be changed.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter of Circumstances Surrounding the Applicant's Administrative Discharge submitted by 1 st Sgt D.G. H_ dtd 25 Sep 98
Letter of Employment from A_ Corp. dtd Oct 6, 1998
Letter of Reference from Supervisor, J_ D_, dtd Oct 5, 1998
Applicant's Performance Evaluation for period 970906 - 980107
Psychology Consultation of 15 Sep 97
Hospitalization (Dwight David Eisenhower Army Med Cen (DDEAMC), Fort Gordon) Report of 16 Sep 97 (3 pages)
DDEAMC memo to CO, USMC Recruiting Station, Jacksonville FL dtd 15 Sep 97
Copy of DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              880613 - 931103  HON
         Inactive: USMCR(J)                871103 - 880612  COG

 Period of Service Under Review :
Date of Enlistment: 931104               Date of Discharge: 980107

 Length of Service (years, months, days):

         Active: 04 02 04
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4 (6 months extension)

 Education Level: 12                        AFQT: 51

 Highest Rank: Sgt

 Final Enlisted Performance Evaluation Averages : All performance reports were available to the Board for review.

 Military Decorations: NAM

 Unit/Campaign/Service Awards: SSDR(3), MM(4), NDSM, GCM(2), SASM(w/1 star), JMU, HSM, MCEM, NUC, COC(2), LOA (3), KLM, MUC

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: MARCORSEPMAN Par. 6210.6.

 Chronological Listing of Significant Service Events :

[ADMIN DISCHARGE PACKAGE NOT IN RECORD AND COULD NOT BE OBTAINED FROM COMMAND OR APPLICANT]
970102:  Applicant issued a Letter of Concern regarding his difficulties with recruiting duty.

970228:  Applicant issued a Letter of Caution concerning drop in his net productivity. Necessary action and assistance was provided. Advised that failure to comply with this letter would result in being placed on official probation.

970430:  Applicant issued a Letter of Probation concerning unsatisfactory performance of assigned duty as a Marine Recruiter. Necessary plan of action and assistance was provided. Advised that failure to comply would result in (1) extend length of probation or (2) initiate punitive administrative and/or disciplinary actions in conjunction with a Relief for Cause (based on lack of effort).

970511:  Applicant provided command a plan of action to correct probation.

97XXX:   Herschel Jenkins High School submitted a letter of complaint against the Applicant.

970520:  Savannah Army Recruiting Company issued a recruiter misconduct memo to the NCOIC, USMC Recruiting Office concerning applicant's misconduct at the Jenkins High School.

970805:  CG, Marine Corps Recruit Deport/Eastern Recruiting Region advised the CG, Marine Corps Recruiting Command that applicant was permanently relieved of duties as a recruiter for Good of the Service and recommended a permanent change of station orders be issued and that he be reassigned back to his original primary MOS.

970818:  CG, Marine Corps Recruiting Command advised CMC that applicant was relieved for the Good of the Service.

970902:  Medical Eval by LT R_ A. K_, Flight Surgeon: Pt is a 27 year old active duty Marine with 9½ years of continuous active duty. He was brought over by Chaplain R_ after he presented this a.m. with feelings of depression and thoughts of suicide. Current stressors include: (1) recent relief from recruiting duty for performance, (2) wife is at CAX in California and he is taking care of 2 year old daughter, (3) he found out Tuesday (week ago) that he will be transferred to 29 Palms, and his wife is being given the option to go; however, he states his wife will not go with him to California because "an Indian medicine woman" told her, her daughter will be in danger in California. He also has had dreams that something will happen to his daughter if she goes to California. Sunday p.m. it come to a head when she told him she would not go to California at this time he thought about shooting himself with his pistol; he never laid hands on the weapon; however, he currently endorses (1) sleep disturburances (2) guilty feelings about his career (3) decreased appetite, (4) decreased energy, (5) suicidal feelings; however, he states he would not do it until his family gets settled back here. Negative homicide ideation.
         Assessment: Relational/Occupational problems with depressed mood.
         Plan: (1) Spoke with Dr. T_ M_ about pt, (2) Will contract pt for safety, (3) Landlord will remove all weapons from apartment, (4) Pt will be seen 0730 a.m. with Dr. M_ tomorrow her at MCAS.

970903:  BMC/MCA Mental Health Consult (LT T_ M_, MSC): 26 year male referred by Flight surgeon for suicidal ideation. Member reported suicidal ideation for post 4 days due to wife returning home mentioning she was leaving him and taking his daughter. Pt denied suicidal intent, with clear future focus of raising daughter whether or not he had full custody. Pt reported contemplating shooting self with gun, which was while intoxicated. Since disclosing this to Flight Surgeon yesterday, guns have been secured by friends of pt. Pt reported (1) marital stress with arguments with wife of 3 years 10 months, chiefly over geographical separation, his distrust of her around others, and his fear that their intimacy may be decreased. Pt cited (2) work stressors as recruiter, from which he is being relieved for Good of Service, and not being supported by command, reporting they hold him they didn't want him from day one (3) psychosocial stress of him having dreams that 2 year old daughter would experience tragedy if she was moved to CA (member is anticipating orders to Camp Pendleton this month), and wife's best friend's consultation with "Medicine Woman" in California that the daughter would be hospitalized in ICU. Pt reported one week history of erratic sleep decreased appetite, increased drinking of alcohol.
Past psychological history: Member, age 14, held knife to heart due family problems, fearing divorce and that he would not be taken care of.
Assessment: Axis I: Partner-Relational and Occupational PNS.
Axis II: Deferred
Plan: (1) Contact command to advocate for leave so member may take care of personal business. (2) Follow-up with member until current crisis resolves, at least. (3) Per pt's request, report plan to Chaplain who originally referred pt to BMC. (4) Follow-up with this provider at 09SEP97, 1400.

 970904:  MCRD Mental Health Clinic: Member called at 0930 and left a message with the tech, saying, "thanks for all Dr. M_'s help, but it's over" and refused to say anything else. Provider called pt's residence, which is at his sister-in-law's, who reported member refused to talk on the phone and did not appear to be drunk. When told that if member did not talk on the phone that his command would be called, member said on the phone "There's only one person I want to talk to and they're not available." Member promptly hung-up the phone and, per sister-in-law's report, locked himself in the bedroom. I briefly informed the sister-in-law of the assessment yesterday, instructed her to talk with member as much as possible, and that I was going to contact the police and his command. Garden City, GA police were contacted about 0942, and they are sending an officer to investigate.
         At approximately 1200, the authorities on the scene requested my and the chaplain's assistance at the scene. We arrived at about 1400. Member had been drinking, refused to talk, and was not visible. Around 1930, member came out of the room, relinquished the weapon, and was transported via ambulance to a civilian emergency room. He was medically cleared there and sent to Eisenhower Army Medical Center, August, GA. The accepting physician is Dr. B_.

970905:  Admitted to the Dwight David Eisenhower Army Medical Center (DDEAMC): The pt is a 26 year old active duty United States Marine E5 who is stationed at Beaufort, South Carolina, who was brought in status post a suicidal gesture. The pt barricaded himself in his room at home at Beaufort, SC at 9:00 a.m. on 4 Sep 97. He had a loaded weapon and was threatening to shoot himself. At the time he was intoxicated and there was a standoff with the law enforcement officials for approximately 12 hours. In the end he emerged from his room voluntarily and peacefully and there were no injuries. He was taken to Beaufort Memorial Medical Center emergency department where he was medically cleared. While in the emergency department the pt became agitated, combative and had to be forcibly restrained. He was put in physical restraints and given 5 milligrams of Haldol intramuscularly which successfully calmed him down. The pt claims the incident occurred secondary to family stress which included marital strain, geographical isolation from spouse, and frustration when his wife's command refused to allow her to come home to be with him.
         Diagnoses: Axis I - Adjustment disorder with mixed disturbance of emotions and conduct
         Axis II - Personality disorder, not otherwise specified with obsessive/compulsive, narcissistic and histrionic features.
         Axis III - None
         Discharged from hospital on 16 SEP 97. After the evaluation was completed and the pt found to be stable he was discharged back to Parris Island to await a Marine Corps decision of whether or not to reassign or separate him from duty. He was to follow-up on 17 Sep with Dr. M_ at Parris Island.

970922:  Counseled for deficiencies in performance and conduct [personality disorder as evidenced by recent incident involving the Garden City, GA police department and by the medical officer's report which diagnosed your personality disorder]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980107:  Applicant's Fitness Report for period 970906 - 980107 stated the report submitted due to "admin separation for misconduct (commission of a serious offense) and convenience of the government (personality disorder) characterization: general under honorable conditions."

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980107 with a general (under honorable conditions) for misconduct due to the commission of a serious offense (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was not equitable (C and D).

Based on the Board’s review of the records, it appears that the applicant’s personality disorder had a direct impact on the applicant’s actions. Relief granted.
Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6210, MISCONDUCT of the Marine Corps Separation and Retirement Manual, (MCO P1900.16E), effective 18 Aug 95 until present).

B. 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.

C. 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.

D. 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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon Street SE Rm 309
                  Washington, D.C. 20374-5023     


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