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USMC | DRB | 1999_Marine | MD99-01236
Original file (MD99-01236.rtf) Auto-classification: Denied


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

ex-PVT, USMC
Docket No. MD99-01236

Applicant’s Request
The application for discharge review, received 990921, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a documentary record discharge review. The applicant listed AMERICAN LEGION as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000604. 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 OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. (EQUITY ISSUE) This former member opines that a diagnosed personality disorder contributed to and sufficiently mitigated his misconduct of record to warrant upgrade of his characterization of service to under honorable conditions.

2. (EQUITY ISSUE) This former member further requests that the Board include provision of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application.

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: USMC              None
         Inactive: USMCR(J)                920615 - 920615  COG

 Period of Service Under Review :
Date of Enlistment: 920616               Date of Discharge: 930804

 Length of Service (years, months, days):

         Active: 01 01 19
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 58

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.1 (4)              Conduct: 3.1 (4)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Sharpshooter Badge, NDSM

Days of Unauthorized Absence: 29

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

 Chronological Listing of Significant Service Events :

921217:  Counseled for deficiencies in performance and conduct. [Poor judgement, immaturity, lack of initiative and motivation, Article 86.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued

921217:  NJP for violation of UCMJ, Article 86: UA from 1800, 921115 to 1950, 921213.
         Award: Restriction and extra duty for 14 days. Not appealed.

930420:  Consultant to Psych: 19 y/o UM states he is tired of the military. Went AWOL, Please eval. Note – no show for appointment.

930423:  Report of medical doctor: 19y/o WM AD USMC brought in for eval 2_ to 2 nd episode of AWOL since entry into USMC. Pt does not like the military way of life and simply “got tired of the military” He denies suicidal/homicidal.

930429:  NJP for violation of UCMJ, Article 86: (2 Specifications), Spec 1:UA 0530-1120, 930419, Spec 2: UA 0530-1045, 930426.
         Award: Forfeiture of $407.00 per month for 2 months, restriction and extra duty for 45 days. Not appealed.
930506:  Report of Mental Status Evaluation indicates applicant diagnostic impression is that of a Passive-Aggressive Personality Disorder, which is a type of Personality Disorder within the meaning of AR 40-501, AR 636-200, and the Diagnostic and Statistical Manual (DSM-III-R). This service member's present maladjustment to military service reflects a life-long pattern of recurrent and immature behavior, as well as and inability to relate effectively with others. Problems presented by this service member are not amenable to hospitalization, brief treatment, a rehabilitative transfer, disciplinary action, retaining or MOS reclassification. It is unlikely that any rehabilitative measures will produce an effective soldier out of him. Further retention of this service member will likely create additional management problems for the Commander. Recommended administrative separation. Future suicide gestures remain a possibility because of this service member's immaturity, impulsivity and poor coping capacity. Appropriate Command measures are recommended as the preferred course of action rather than corrective measure through medical channels.

930511:  NJP for violation of UCMJ, Article 134: Break restriction by drinking alcoholic beverages without proper authority.
         Award: Restriction and extra duty for 45 days (suspended for 6 months), reduction to E-1. Not appealed.

930618:  Counseled for deficiencies in performance and conduct. [Your diagnosed personality disorder with suicidal ideations, unstable mental disposition, in which you are at risk to yourself and others.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
930622:  Counseled for deficiencies in performance and conduct. [Company NJP on 930429 for UA, and Company NJP on 930518 for breaking battalion restrictions.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued
930624:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
930624:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

930624:  Commanding Officer, recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. The factual basis for this recommendation was respondent's derogatory counseling entry and three non-judicial punishments.

930712:  SJA review determined the case sufficient in law and fact.

930716:  GCMCA [CG 1 st MEB] directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

 PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930804 under other than honorable conditions for misconduct due to a pattern of misconduct (A). The Board presumed regularity in the conduct of governmental affairs (B). 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 (C and D).

The applicant’s representative submitted that the diagnosed personality disorder contributed to his misconduct. The Board determined that the applicant received 3 NJP’s for violations of the UCMJ. One of the NJP’s was for being UA for 29 days. The Board failed to see the connection between the applicant’s personality disorder and his blatant disregard for rules and regulations. The applicant willingly disregarded those regulations. Relief denied.

The applicant’s representative submitted the following as issue 2: (EQUITY ISSUE) This former member further requests that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (B, Part IV). However, 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, is considered. He is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Relief denied.




Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6210, Misconduct , of the Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

B. 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.

C. 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.

D. 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 view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.af.mil ”.

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
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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