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USMC | DRB | 1999_Marine | MD99-01222
Original file (MD99-01222.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD99-01222

Applicant’s Request
The application for discharge review, received 990920, requested that the characterization of service on the discharge be changed to Honorable and the reason for the discharge be changed to Convenience of the Government. The applicant requested a personal appearance hearing before the board in the Washington National Capital Region. The applicant listed a civilian counsel as his representative on the DD Form 293.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 000504. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB discerned no impropriety but the characterization of the applicant’s service was inequitable. The Board’s vote was unanimous that the character of the discharge shall change to HONORABLE, but the reason shall remain Condition not a physical disability, Personality Disorder (without administrative discharge board), authority: MARCORSEPMAN Par. 6203.3


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. The Personality Disorder Reason for Discharge Is Improper and Inequitable, and Should Be Changed to "For the Convenience of the Government", for the Following Reasons:

a. Inadequate psychological evaluation resulted in inaccurate diagnosis of personality disorder;
b. Applicant suffered from a temporary adjustment disorder, rather than a personality disorder which is necessarily permanent;
c Applicant is unjustly stigmatized by incorrect reason for discharge; and
d. Other reasons discussed in the Applicant's brief, presented at hearing, or determined by the Board. Brief In Support Of Application, pages 13-16 in case folder.

 2. The General Discharge Characterization Is Improper and Inequitable, and Should Be Changed to "Honorable", for the Following Reasons:

a. Inadequate psychological evaluation resulted in inaccurate diagnosis of personality disorder;
b. Once incorrectly diagnosed with personality disorder, Applicant received poor leadership, inadequate counseling, and was deprived opportunity to correct any behavioral deficiency because no instance of misbehavior was ever pointed out to him;
c. Applicant never received either judicial or nonjudicial punishment of any kind;
d. Applicant's proficiency / conduct marks satisfy honorable discharge characterization requirements;
e. Applicant was recommended for honorable discharge by immediate super-visor;
f. Applicant was recommended for retention in Marine Corps by Sgt. M_
g. Applicant's commendable post-service conduct;
h. Applicant's youth and immaturity at the time;
i. Applicant suffered from temporary adjustment disorder at the time;
j. Other reasons discussed in the Applicant's brief, presented at hearing, or determined by the Board. Brief In Support Of Application, pages 16-18 in case folder.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Brief in Support of Application for review of discharge
Four pages from applicant's service record
Letter from Board for Correction of Naval Records dated 13 November 1995
Pages from Chapter 1 and 6 Marine Corps Separation and Retirement Manual
Job/character reference from Associate Executive Director dated October 1, 1997
Character reference from Health and Fitness Director dated October 6, 1997
Character reference from Forsyth County Sheriff's Office dated January 7, 1998
Copy of Certificate of Completion of Basic Law Enforcement Training dated April 11, 1995
Copy of criminal record check dated October 1, 1997
Copy of Winston-Salem/Forsyth County Schools student record
Applicant's affidavit
Letter to applicant's attorney from Clinical Psychologist dated December 10, 1997
Letter to applicant's attorney from Clinical Psychologist dated February 20, 1998
Three medical pages from Forsyth Memorial Hospital dated November 15, 1992
Character reference from Father of Annunciation Greek Orthodox Church dated October 8, 1997
Letter from Sgt, USMC dated August 4, 1998
Thirteen prior military review and correction board opinions
Diagnostic and statistical manual of mental disorders (Third Edition-Revised), DSM-III-R: Adjustment disorder, pp. 329-331 and DSM-III-R: Personality Disorders, pp. 335-337, 356-358.
Diagnostic and statistical manual of mental disorders (Fourth Edition), DSM-IV:
Adjustment disorders, pp. 623-627, DSM-IV: Personality disorders, pp. 629-634, 673.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                920109 - 920322  COG

 Period of Service Under Review :
Date of Enlistment: 920323               Date of Discharge: 930401

 Length of Service (years, months, days):

         Active: 01 00 09
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 76

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (3)                       Conduct: 4.2 (3)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

 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 :

921120:  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 immature and passive-aggressive features, EPTE.
921211:  Counseled for deficiencies in performance and conduct. [Personality disorder, NOS with immature and passive aggressive features, EPTE.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930111:  Counseled for deficiencies in performance and conduct. [Inability to adapt to military service and that I cannot be reasonably be rehabilitated. Because of my chronic behavior pattern which is a result of my personality disorder, NOS, with immature and passive-aggressive features, EPTE.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930218:  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.

930218:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

 930225:  Marine Aircraft Group 31 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, based upon a diagnosed personality disorder as evidenced by psychological evaluation. The factual basis for this recommendation was diagnosis of personality disorder and two counseling. Concurred with CO, MALs-31 recommendation.
930303:  Marine Aircraft Wing, FMF, Atlantic forwarded, concurring with commanding officer, Marine Aircraft Group 31 recommended discharge under Honorable conditions (General) for the Convenience of the government due to a personality disorder

930322:  SJA review determined the case sufficient in law and fact.

930322:  GCMCA [Commanding General, 2d Marine Aircraft Wing, Cherry Point, NC] directed the applicant's discharge under Honorable conditions (General) for Convenience of the government due to a personality disorder.

 950110:  NDRB documentary record review Docket Number MD94-00384 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930401 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 but the characterization of discharge was equitable (D and E). The applicant was diagnosed with a personality disorder by competent medical authority, for attempted suicide. The characterization of service should have been based on the applicant’s service record. His Pro/Con marks were 4.1/4.2, overall, which warrant an Honorable discharge. The NDRB grants relief to upgrade the applicant’s discharge to Honorable. However, the Board determined there was insufficient creditable evidence to overture the diagnosis of the medical officer and the reason for discharge shall remain for the Convenience of the government, Personality disorder. If the applicant feels compelled to have the reason for discharge changed, he must present this issue to the Board of Correction of Naval Records (BCNR).

 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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