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USMC | DRB | 1999_Marine | MD99-01082
Original file (MD99-01082.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD99-01082

Applicant’s Request
The application for discharge review, received 990803, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000512. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned impropriety 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 (PERSONALITY DISORDER), authority: MARCORSEPMAN Par. 6203.3

The NDRB did note an administrative error on the original DD Form 214. Block 26, Separation Code should read: “JFV7” vice “HFX-1”. The original DD Form 214 should be corrected or reissued as appropriate.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I firmly believe that my discharge be changed by the board from General/under Honorable conditions to Honorable. The documents I have included for this review support my request. In 4 out of the 5 documents provided the recommendations for discharge are Honorable. In only 1 out of the 5 is the recommendation General/under Honorable conditions. I am confident the board will respond in favor of changing the discharge to Honorable. Thank you for your consideration.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Staff Judge Advocate recommendation and action brief and personal data dated July 3, 1995
Character reference dated March 31, 1995
Character reference dated March 31, 1995
Copy of DD Form 214
PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                911015 - 921005  COG

 Period of Service Under Review :
Date of Enlistment: 921006               Date of Discharge: 950811

 Length of Service (years, months, days):

         Active: 02 10 06
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

 Education Level: 12                        AFQT: 45

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (11)             Conduct: 4.5 (11)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, NUC, SSDR

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/INVOL DIS (PERSONALITY DISORDER), authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :

940817:  Counseled for deficiencies in performance and conduct. [Failure to report to appointed place of duty (remedial PT) on 0600, 10Aug94. Second incident.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950324:  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 I: Partner relational problem
         AXIS II: Personality disorder NOS with borderline and antisocial traits
         AXIS III: Ingrown toe nail

 950410:  Counseled for deficiencies in performance and conduct. [Your long standing disorder of character and behavior.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

950628:  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 as evidenced by psychological.

960628:          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.

950629:  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 a diagnosed personality disorder.

950630:  SJA review determined the case sufficient in law and fact. Recommended honorable discharge.

950630:  GCMCA [Commander, Marine Corps Base Hawaii] 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 950811 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 characterization of the discharge was not proper
(D and E).

The Board found that the applicant’s discharge was not based on the type warranted by his service record. The applicant was a 4.5/4.5 Marine with no disciplinary infractions or NJP’s. The applicant should have been issued an honorable discharge. Relief granted.
 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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