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USMC | DRB | 1999_Marine | MD99-00367
Original file (MD99-00367.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD99-00367

Applicant’s Request
The application for discharge review, received 990114, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed the AMVETS as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000118. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety in the characterization of the applicant’s service, however the Board opined the characterization of the applicant’s service was not equitable. The Board’s vote was unanimous in its decision to upgrade the characterization of the discharge to honorable. The discharge shall be changed to read: HONORABLE, Convenience of the Government/Condition not a physical disability, Personality Disorder (without administrative discharge board), authority: MARCORSEPMAN Par. 6203.3

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. Statements from the officers and NCO's in my chain of command are inconsistent and in some cases markedly opposed to the documented facts. My Company Commander (Doc. 1) stated that I suffered from depression, poor mental state, and several physical disabilities that prevented me from accomplishing the most basic of my duties. (I believe this to be a true and accurate appraisal of my condition). Lt. D_, my Platoon Commander, makes a number of statements that he does not substantiate or are based on his dislike of me as a slacker and weakling (Doc. 2). Sgt H_ (Doc. 3) also focuses his reasons for my discharge on my physical condition. However, it is the statements of SSgt. W_ (Doc. 4), my Platoon Sergeant, that are the most damning and inaccurate. He comments on my marriage as a sign of my immaturity and states I had only known her (my wife) by correspondence. This is incorrect and the board should be aware I am still married to that same woman and the proud father of three children. SSgt W_ makes me out to be a troublemaker and disciplinary problem from day one of my enlistment. His statements are not substantiated by the facts. (Please refer to Command Chaplain T_'s letter (Doc. 5) and Corporal C_'s letter (Doc. 6). His statements about my military dress and appearance are in direct contrast to the statement of former Marine Corporal E_ (Doc. 7)) and Dr. B_'s remarks on page 2 of the undated narrative summary (Doc. 8) under Mental Status: "Revealed an alert, oriented male in NAD. He was attired appropriately in the uniform of the day." My proficiency/conduct marks were good up to the time of my discharge (Doc. 9). I was awarded the Rifle Expert Badge and the SEA Service Deployment Ribbon. My promotion to E-3 showed that I was a good service member. I have no record of Article 15, Non-Judicial Punishment, or any Letters of Reprimand. The only counseling I ever received was right before my discharge (form Undated) for non-adaptability to military service/personality disorder (Doc. 10). I also had no arrests or convictions by civil authorities during my military service.

 2. In his 23 June 1990 letter (Doc. 11), LCDR T_, Division Psychiatrist, states findings of Borderline Personality Disorder and Alcohol Abuse as reasons for my unsuitability for further military service. There is nothing in my military record to indicate alcohol abuse contributed in any fashion to my medical problems or affected my duty performance. In my discussion with Capt. B_ (Doc 8), Head of Psychiatry at Rota, I admitted to being a heavy drinker in high school and having a drink or two daily up until a year before. I was never treated for alcohol abuse while in the service and there is no alcohol-related incident in my service record. I believe reference to alcohol abuse and even drug abuse (before enlistment) was efforts to justify the character of my service as less than honorable.

3. My medical problems began in July 1989 when a Dragon weapon was fired in close proximity to me. Up until this time and as late as December 1989, I had no chronic medical problems (Doc. 12). As a result of the weapon firing, I suffered ringing in both ears with blood drainage from my right ear (Doc. 13). Damage to my ears was substantiated in a 1/9/90 medical report (Doc. 14). This episode led to subsequent headaches and dizziness. I was also suffering from depression during this period because of these medical problems and the second separation from my wife of only nine months. These problems led to my air evac from the USS Saipan to Rota, Spain and my subsequent return to the states. The true epitomology of my medical problems could not be ascertained so I was labeled a slacker and discipline problem. However, although some of my medical problems could be contributed to a personality disorder I feel that there are sufficient grounds to substantiate that not all my problems were in my head. Besides my ear problem, the medical report of December 21, 1989 (Doc. 15) attest to me suffering from tendinitis and depicts clear evidence of hypertension due to my anxiety.

4. I also draw you attention to the December 7, 1990 letter (Doc. 16) signed by K. D. S_, Commanding Officer, 2d Marine Division (Rear), FMFLant. I quote, "...However, I do not concur with his (Commanding Officer 2d Battalion, 4th Marines) recommendation that it be with an honorable condition (General) discharge in light of the absence of any serious disciplinary infractions upon the part of the respondent. Accordingly, I recommend that Lance Corporal (applicant) be separated with an Honorable conditions discharge by reason of convenience of the government due to a personally disorder."

5. The board should also be aware that I have been a model husband and citizen since my discharge. There is no longer a hint of the immaturity so frequently mentioned in the reports of my supervisors. Please refer to letters from my pastor and the pastor of the church where I serve as Youth Pastor (Doc. 17 & 18, respectively).
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Statement of immediate supervisor dated November 8, 1990
Statement of immediate supervisor dated November 7, 1990
Statement of immediate supervisor dated November 7, 1990
Statement of immediate supervisor dated November 8, 1990
Letter from Office of the Chaplain, Command Chaplain dated August 1, 1998
Letter from Corporal dated June 17, 1998
Letter from former Corporal dated June 8, 1998
Dr. B_'s undated narrative summary (3 pages)
Fourteen pages from applicant's service/medical record
Third Endorsement on CO, 2ndBn, 4thMarDiv letter 1910 59 of December 7, 1990
Letter from Antioch Church reverend dated December 9, 1998
Letter from Pastor of Pentecostal Free Will Baptist Church dated September 9, 1998

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                870626 - 871111  COG

 Period of Service Under Review :
Date of Enlistment: 871112               Date of Discharge: 910129

 Length of Service (years, months, days):

         Active: 03 02 18
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 59

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (7)                       Conduct: 4.4 (7)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Condition not a physical disability, Personality Disorder (without administrative discharge board), authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :

900623:  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: Borderline personality disorder
        
         AXIS II: Alcohol abuse

 901024:  Counseled for deficiencies in performance and conduct. [Non-adaptability to military service/personality disorder.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

901207:  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 and inability to function effectively in a military environment.

901207:          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.

901207:  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 diagnosed personality disorder and inability to function effectively in a military environment.

UNDATED:         Third Endorsement on CO, 2dBn, 4thMar, 2dMarDiv ltr 1910 59 of Dec 07 1990: Commanding officer 2d Marine Division (Rear), FMFLant concurs with the recommendation of the Commanding Officer 2d Battalion, 4 th Marines that the respondent be discharged. However, does not concur with recommendation that it be under honorable conditions (General) in light of the absence of any serious disciplinary infractions. Accordingly, I recommend applicant be separated with an Honorable conditions discharge by reason of convenience of the government due to a personality disorder.

910116:  SJA review determined the case sufficient in law and fact.

910122:  GCMCA [Commanding General, Marine Corps Base, Camp Lejeune] 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 910129 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).

The applicant had no adverse page 11 entries prior to his being notified of his discharge and had no disciplinary action (nonjudicial punishments). His average proficiency and conduct marks were 4.4 and 4.4 respectively. The acting Commanding Officer had recommended an Honorable discharge because of the applicant’s record. The Board also reviewed the applicant’s medical record and the statements provided by his Battalion Chaplain.

The Board’s vote was unanimous in its decision to upgrade the characterization of the discharge to honorable. The reason for the discharge would be Convenience of the Government/Condition not a physical disability, Personality Disorder (without administrative discharge board).

 Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.
B. Table 6-1, Guide for Characterization of Service of the Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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 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 St SE Rm 309
                  Washington, D.C. 20374-5023     


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