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USMC | DRB | 1999_Marine | MD99-01091
Original file (MD99-01091.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. 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. 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 000424. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned the characterization of the applicant’s discharge was inequitable but the reason for discharge was correct. The Board’s vote was unanimous that the discharge shall change to: HONORABLE/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. The discharge I received is improper due to my last set of pros & cons lacking supporting reasons.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Statement from applicant dated June 11, 1999
Statement from applicant dated October 1, 1997
Thirty-seven pages from applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                930922 - 940828  COG

 Period of Service Under Review :
Date of Enlistment: 940829               Date of Discharge: 970725

 Length of Service (years, months, days):

         Active: 02 10 27
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 73

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (6)                       Conduct: 4.5 (6)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, Letter of Appreciation, Certificate of Appreciation

 Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

950929:  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: Personality disorder NOS with narcissistic and immature traits
970402:  Counseled for deficiencies in performance and conduct. [On 27Sep95 you allegedly considered ingesting half a bottle of 800 mg Motrin because you were despondent over legal and financial problems. As evidenced by your medical record, a Navy Medical Officer has diagnosed you with a Personality Disorder, NOS with narcissistic and immature traits. Also identified is your inability to cope with stress and your dissatisfaction with the Marine Corps. Be advised, it is the intent of this command to process you for an Administrative Discharge by reason of a Personality Disorder. Your present medical condition has precluded you from executing a six month shipboard deployment and has resulted in your reassignment to this command.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

 970422:  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: Occupational problem
 AXIS II: Personality disorder NOS with narcissistic and passive-aggressive features
970502:  Applicant notified of intended recommendation for 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 psychiatric evaluation.

970502:          Applicant advised of his rights and having consulted 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.

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. The factual basis for this recommendation was inability to cope with stress, which precludes you from performing in your primary MOS of 6112, CH-46E Helicopter Mechanic.

970710:  GCMCA [Commanding General, 3d Marine Aircraft Wing] directed the applicant's discharge General (under Honorable conditions) 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 970725 General (under Honorable conditions) 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 determined that the discharge was proper but inequitable (D and E). Based on the applicant’s PRO/CON marks (4.5/4.5) and the fact that there was no misconduct during his entire career (no past or pending NJPs), with exception of counseling for attempted suicide during the manifestation of his personality disorder, his request for relief will be approved.

 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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