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USMC | DRB | 1999_Marine | MD99-01061
Original file (MD99-01061.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD99-01061

Applicant’s Request
The application for discharge review, received 990730, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing. The applicant listed the Department of Military and Veterans Affairs as his representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.


Decision

A documentary discharge review was conducted in Washington, D.C. on 000424. 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: UNCHARACTERIZED/ PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. Side effects of Medication "Noted in P.D.R. 1994 Edition". Copy enclosed "Barbiturate with Codine" Rx. M207919.

2. Post Concusion Syndrome noted Dr. M_ statement not properly diagnosed in Medical Records. USMC

3. Naval psychologist not properly diagnosed condition and unfairly reason for discharge. Younger medical diagnosis, visit lasted a approximately ten minutes. Practicing medicine without a license. (Counseling for parents divorce) Lasted a short period of time.

4. Inadequate care after injury, with the medication.

5. Ordered to sign Discharge information by superior Enlistedmen Naval Petty Officer M_, Camp Geigher BAS if I did not appear to see Commander H_ S_, I would receive an Article #86.

6. Bell Atlantic phone bills Oct. 1997 - Dec. 1997


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Memorandum from Dr J_ L_ S_ M.D., Colonel, U.S. Army, Medical Corps Psychiatrist (2 copies)
Letter from the Honorable Mr. P_ to Board of Correction of Naval Records dated May 12, 1999
Letter from Dr. S_ A. M_, M.D recommending overturning discharge to honorable dated October 15, 1998
USMC Medical Records (23 pages).
Capt. J_ P_, Assistant Professor/ROTC Instr. Rutgers
Dr. B_ M_, M.D., Board Chief Neurology and Neurophyscology.
Copy of billing information dated March 23, 1999
Copy of psychiatric evaluation dated October 2, 1998
Letters from and to Member of Congress dated March 2, 1998 (2), January 14, 1998, January 9, 1998
Copies of phone bills
Letter to applicant's mother dated March 2, 1998 from Member of Congress

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                960730 - 970630  COG

 Period of Service Under Review :
Date of Enlistment: 970701               Date of Discharge: 971222

 Length of Service (years, months, days):

         Active: 00 05 22
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 32

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.6 (2)                       Conduct: 4.1 (2)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

UNCHARACTERIZED/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :

971030:  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.

         AXIS II: Personality disorder NOS with schizoid features
        
         AXIS III: Complains of back pain

 971121:  Counseled for deficiencies in performance and conduct. [Your diagnosed personality disorder which is so severe it adversely affects your ability to function effectively in a military environment and your unsatisfactory performance and conduct which is evident by your inability to adapt to the Marine Corps.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

971203:  Applicant notified of intended recommendation for discharge uncharacterized for the convenience of the government due to a personality disorder, based upon your personality disorder which is so severe that your ability to function effectively in the military environment is significantly impaired.

971203:          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.

971205:  Commanding officer recommended discharge uncharacterized 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 your personality disorder which is so severe that the ability to function effectively in the military environment is significantly impaired.

971219:  GCMCA [Commanding General, Marine Corps Base, Camp Lejeune] directed the applicant's discharge uncharacterized for convenience of the government due to a physical condition, not a disability, which interferes with the performance of duties.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 971222 uncharacterized 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).

In the applicant’s issues the Board determined the issues had no bearing on the applicant’s discharge. At the time of discharge, the applicant was diagnosed with a personality disorder NOS with schizoid features. The applicant had stated to the psychiatrist, that “How would I go about receiving a medical Board? I don’t know what I want.” At the time, the applicant indicated that he wanted out of the Marine Corps to go home and care for his mother. The doctor comments “I strongly recommend that you separate him as soon as possible. SNM is not mentally ill and is responsible for his behavior. However, SNM does have a personality disorder….Persons with this personality type are continually in crisis and often consume considerable command attention and resources with little return. He is utterly unmotivated for continued service…SNM has made this poor adjustment to the demands of military service…”

In order to qualify for an Honorable discharge, one must serve a minimum of 180 days at the notification of pending discharge proceedings. The applicant had served a total of 152 days on the date that he was notified of these proceedings. The applicant’s total service was 172 days. The applicant does not meet the required minimum days of service to rate any other discharge. Relief denied.


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 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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