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USMC | DRB | 1999_Marine | MD99-01209
Original file (MD99-01209.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD99-01209

Applicant’s Request
The application for discharge review, received 990909, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000525. 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: UNDER HONORABLE CONDITIONS (GENERAL)/Condition not a physical disability, Personality Disorder (without administrative discharge board), authority: MARCORSEPMAN Par. 6203.3

The NDRB did note an administrative error on the original DD Form 214. Block 12a, Date Entered AD This Period, should read: "87 10 08" vice "87 10 09" and Block 12c, Net Active Service This Period, should read: "03 5 13" vice "03 15 12". The original DD Form 214 should be corrected or reissued as appropriate. Block 26, Separation Code, should read “JFV7” vice “GFV7”.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                870820 - 871007  COG

 Period of Service Under Review :
Date of Enlistment: 871008               Date of Discharge: 910320

 Length of Service (years, months, days):

         Active: 03 05 13
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 36

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (8)              Conduct: 4.1 (8)

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, NDSM, Marksmanship Badge

Days of Unauthorized Absence: 12

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 :

880229:  NJP for violation of UCMJ, Article 86: unauthorized absence 0001, 880214 to 880227 from MATSG NTTC, NAS Meridian, MS.
 Awarded forfeiture of $100.00 per month for 2 months (suspended for 3 months), restriction and extra duties for 45 days. Not appealed.
900711:  Medical evaluation by a military psychiatrist concluded that the applicant’s is not considered to be dangerous to himself or other at the current time. He is technically fit for full duty. He does have a character disorder with a pervasive pattern of impairment in his occupational and social functioning. For this reason it is recommended that the member be processed for an administrative separation by his local command in accordance with paragraph 6203.3 of the Marine Corps Separation Manual.
         Discharge Diagnoses:
         AXIS I: Adjustment Disorder with Depressed Mood, Marital Problem
         AXIS II: Personality disorder Not Otherwise Specified With Mixed Type with Passive Aggressive and Anti-Social Features
         AXIS III: Iritis of the Right Eye, Resolving

901130:  NADSAP Facilitator provided the following statement to applicant's commanding officer: "Applicant was disenrolled at my request for MADSAP class CP2-91 on Wednesday, 28 th Nov 90 at 0900 hrs. Applicant was non-cooperative, did not participate, failed to complete numerous assignments and was extremely disruptive in the classroom. Applicant made some very serious statements during the course of the class that caused me much concern and that I think should be brought to your attention. The statements are as follows and are quotes: 'There ain't no mother f---- way I'm going to Saudi, I ain't going to fight my brothers. Ain't no mother f---- way I'm fighting for this mother f---- country.' 'I am Muslim. Muslims don’t' fight their brothers, man. My religion comes first.' 'Leave Saddam Hussein the f-- alone man. That's my brother your talking about'. 'If Saddam Hussein was taking over America, I'd join up with him. I'm telling you, if you put me in a war with Saddam Hussein, I'm going to join up with him, man.' 'You don't know nothin 'bout my mother f---- religion, man, so shut the f--- up. You ain't never read the book.... You're a mother f----- stupid ass.' 'Bush is nothing but a f---- jerk. He don't know what the f__ he's doing. He was over there for one day. Big deal. He ain't nothing.' I though you should be aware of the attitude of this Marine and what sort of statements he has made."

 901203:  Counseled for deficiencies in performance and conduct (lack of attention to duty, lack of responsibility in completing work, bringing personal problems to work and always having reasons to be absent from place of duty). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

901212:  Counseled for deficiencies in performance and conduct (disenrolled from NADSAP class because of disruptive behavior). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

910109:  Counseled for deficiencies in performance and conduct (content of psychiatric eval on 900716). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

910111:  Counseled for deficiencies in performance and conduct (using poor judgement in knowingly misusing a Government computer with unauthorized game software and denying such knowledge in a belligerent tone to a Field Grade Officer). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

910124:  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 evaluation and your demonstrated inability to function effectively in the military environment.

910124:  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.
910125:  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 your diagnosed disorder coupled with your demonstrated inability to function effectively in the military environment.

910312:  SJA reviewed proceedings and found sufficient in law and fact.

910312:  GCMCA [CMDR, 2D MAW] 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 910320 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 and equitable (D and E).

The applicant introduced no decisional issues for consideration by the 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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