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USMC | DRB | 1999_Marine | MD99-01211
Original file (MD99-01211.rtf) Auto-classification: Denied


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

ex-LCPL, USMC
Docket No. MD99-01211

Applicant’s Request
The application for discharge review, received 990909, requested that the characterization of service on the discharge be changed to. 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 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)/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.       Request my discharge be upgraded from General to Honorable. I believe I deserve an honorable discharge because I feel I was discharged for a medical condition not any type of misconduct. I was discharged because of a what was diagnosed as a personality disorder. I believe this is a medical condition and I am seeking treatment for it. Since my service was honorable I don’t think I should be penalized for a medical condition with a general discharge.
2.       I have attached evidence which I think show I was a good Marine. I completed some difficult training and was always trying to learn more and advance in the Marine Corps. The fact that I advanced to the rank of Lance Corporal is a good indication that I had no discipline or training problems just a medical condition which is no fault of my own.
3.       The fact that this discharge is a bar to my education benefits is making it more difficult for me to get on with my life. Please upgrade my discharge to Honorable.
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, dates of service, type of discharge):
         Active:                            None
         Inactive: USMCR(J)                960724 - 960825  COG

 Period of Service Under Review :
Date of Enlistment: 960826               Date of Discharge: 980901

 Length of Service (years, months, days):

         Active: 02 00 06
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 69

 Highest Rank: LCPL

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.0 (2)              Conduct: 3.5 (2)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

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 :

980127:  Counseled for deficiencies in performance and conduct, specifically UA on 980114 and 980116. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
980610:  NJP for violation of UCMJ, Article 86 (2 specs):
 Specification 1: Failure to go to appointed place of duty, to wit: 0730 980505, Platoon Formation
Specification 2: Failure to go to appointed place of duty, to wit: 0730 980519, Platoon Formation.
Awarded forfeiture of $269.00 per month for 1 month, restriction and
extra duties for 14 days. No indication of appeal.
980630:  Counseled for deficiencies in performance and conduct, specifically the NJP on 980610 for being UA on 980505 and 9800519. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
980629:  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: Alcohol Abuse
                  Occupational Problems  
        
         AXIS II: Personality Disorder NOS with Borderline Personality Traits

 980709:  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 psychiatric evaluation and recent admission to the Naval Hospital.

980714:          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.

980810:  GCMCA [CG, III MEF] 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 980901 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 found that the discharge was proper and equitable (D and E).

In the applicant’s issues, the Board found that he was correctly discharged for a personality disorder. The characterization was based on the type warranted by service record. The applicant’s average conduct marks for this enlistment was 3.5, not high enough for an honorable discharge. To qualify for an honorable discharge the average conduct mark must be no lower than 4.0. Relief denied.

The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E). The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.


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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