Search Decisions

Decision Text

USMC | DRB | 1999_Marine | MD99-00999
Original file (MD99-00999.rtf) Auto-classification: Denied


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

ex-LCPL, USMC
Docket No. MD99-00999

Applicant’s Request
The application for discharge review, received 990720, 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 American Legion as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000410. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/Erroneous Enlistment, authority: MARCORSEPMAN Par. 6204.2


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 Applicant provided a brief concerning ease issue:

1. I was physically unable to perform my duties as a Marine because of a left foot injury.

2. I was mislabeled as a malinger.

3. I was wrongly accused of being a deserter instead of being AWOL.

4. Discharge should be changed to Honorable.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
American Legion's Statement dated 15 Feb 2000
Copy of DD Form 214
Applicant’s statement
VA Hearing Officer decision dtd Dec 2,1998
VA Hearing transcript dtd 10/21/98
Dr’s note undated
Applicant’s medical record


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                940825 - 941031  COG

 Period of Service Under Review :
Date of Enlistment: 941101               Date of Discharge: 970110

 Length of Service (years, months, days):

         Active: 02 02 09
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 64

 Highest Rank: LCPL

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4                  Conduct: 3.8

 Military Decorations: None

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

Days of Unauthorized Absence: 31

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

GENERAL (UNDER HONORABLE CONDITIONS)/Erroneous enlistment, authority: MARCORSEPMAN Par. 6204.2.


Chronological Listing of Significant Service Events

 :

961021:  Medical evaluation by Qualified Medical Evaluator.
         AXIS I: Occupational Problem V62.2
        
         AXIS II: Personality Disorder, NOS with Borderline and Narcissistic Traits, EPTE, Severe, 301.90
Strongly recommend expeditious and immediate administrate separation due to unsuitability for continued service as well as his presenting a chronic and ongoing risk for harm to self or others if retained in military service.

961202:  NJP for violation of UCMJ, Article 86: UA from 0730/960907 until 0730/961008 from appointed place of duty, to wit: H&S Co, HQBN.
 Awarded forfeiture of $571.00 per month for 2 months, restriction and
extra duties for 45 days. Forfeiture suspended for 6 months unless sooner vacated. Not appealed
961208:  Commanding officer recommended General (under honorable conditions) discharge by reason of erroneous enlistment. The factual basis for the discharge is: psychiatrist concludes that applicant’s personality disorder is so severe that the applicant’s ability to function in a military environment is significantly impaired.
961212   Applicant notified of intended recommendation for discharge General (under honorable conditions) by reason of Personality Disorder prior to enlistment.
961212:          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.

970108:  GCMCA, CG, 1 st MarDiv directed the applicant's discharge General (under Honorable conditions) by reason of an erroneous enlistment (personality disorder)
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970110 under general (under honorable conditions) due to erroneous enlistment due to a personality disorder (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 proper and equitable (C and D).

The applicant alleges that a foot problem impaired his ability to serve and mitigated his misconduct of record. The Board found this not to be true.

The Board found that the applicant was discharged because of a personality disorder that was so severe that the applicant’s ability to function in a military environment was significantly impaired. Additionally, the applicant was UA for 31 days, thus being classified as a deserter (UA for 30 or more days). Clearly the applicant’s record does not warrant an upgrade. Relief denied.

Pertinent Regulation/Law (at time of discharge)

 A. MARINE CORPS SEPARATION AND RETIREMENT MANUAL, (MCO P1900.16E, par 6204.2 EFFECTIVE 950818).

 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     


Similar Decisions

  • USMC | DRB | 2002_Marine | MD02-00845

    Original file (MD02-00845.rtf) Auto-classification: Denied

    MD02-00845 Applicant’s Request The application for discharge review, received 020522, requested that the characterization of service on the discharge be changed to honorable. Chronological Listing of Significant Service Events :010516: Medical evaluation: Recommend administrative separation at the convenience of the government for failure to adapt. The Board found that in the Applicant’s case, the characterization of service should have been the “type warranted by service record.” A review...

  • USMC | DRB | 1999_Marine | MD99-01211

    Original file (MD99-01211.rtf) Auto-classification: Denied

    I completed some difficult training and was always trying to learn more and advance in the Marine Corps. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Copy of 2 MCI completion certificates Copy of Army record of certification Copy of Notification Administrative Separation Proceedings Copy of applicant’s Acknowledgement of Rights PART II - SUMMARY OF SERVICE Prior Service (component,...

  • USMC | DRB | 1999_Marine | MD99-01091

    Original file (MD99-01091.rtf) Auto-classification: Denied

    MD99-01091 Applicant’s Request The application for discharge review, received 990810, requested that the characterization of service on the discharge be changed to Honorable. 970502: Commanding officer recommended discharge General (under Honorable conditions) for the Convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychological evaluation. PART IV - INFORMATION FOR THE APPLICANT If you believe that the decision in...

  • USMC | DRB | 2002_Marine | MD02-00602

    Original file (MD02-00602.rtf) Auto-classification: Denied

    MD02-00602 Applicant’s Request The application for discharge review, received 020328, requested that the characterization of service on the discharge be changed to honorable. AXIS II: Personality disorder not otherwise specified with antisocial and schizoid features - severe.980623: 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 a...

  • USMC | DRB | 2001_Marine | MD01-01024

    Original file (MD01-01024.rtf) Auto-classification: Denied

    MD01-01024 Applicant’s Request The application for discharge review, received 010731, requested that the characterization of service on the discharge be changed to honorable. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.960624: Counseled for deficiencies in performance and conduct [violation of Article 86, on or about 960604 at 0600 you were UA for duty at the Center Magazine Area bluntly disregarding good order and...

  • USMC | DRB | 2002_Marine | MD02-00191

    Original file (MD02-00191.rtf) Auto-classification: Denied

    981118: 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 psychiatric evaluation. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 990114 with a general (under honorable conditions) for convenience of the government due to a personality disorder (A and B). A Marine’s conduct and...

  • USMC | DRB | 1999_Marine | MD99-00952

    Original file (MD99-00952.rtf) Auto-classification: Denied

    Issues Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. You should read Enclosure (5) of the Directive before submitting such a complaint. 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. 20310-1809The names, and votes of the members of the Board are recorded on the original of this...

  • USMC | DRB | 2001_Marine | MD01-00076

    Original file (MD01-00076.rtf) Auto-classification: Denied

    The applicant requested a documentary record discharge review. I have since then been diagnosed as not having a personality disorder. Accordingly, partial relief is granted.The Board carefully considered the applicant’s request for an upgrade to Honorable by reason of Convenience of the Government, and found that other than his diagnosis of Personality disorder with suicidal ideation, the applicant had no adverse marks in his service record.

  • USMC | DRB | 2002_Marine | MD02-01146

    Original file (MD02-01146.rtf) Auto-classification: Denied

    Dear Chairperson: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 the evidence assembled for review, we continue to support the contentions as set forth by the Applicant, ill her request that she be given the opportunity to change her Personality Disorder (Under Honorable Conditions) Discharge to an Medical (Under Honorable Conditions) Discharge. The FSM states that this...

  • USMC | DRB | 2001_Marine | MD01-00994

    Original file (MD01-00994.rtf) Auto-classification: Denied

    After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. (Equity Issue) This former member opines that the diagnosis of personality disorder given him in service was erroneous. 970313: Commanding officer recommended discharge honorable for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder...