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USMC | DRB | 2000_Marine | MD00-00064
Original file (MD00-00064.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD00-00064

Applicant’s Request
The application for discharge review, received 991012, requested that the characterization of service on the discharge be changed to honorable. 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 000614. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change. The discharge shall change to : HONORABLE /PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3

The NDRB did note an administrative error on the original DD Form 214. Block 28, Narrative Reason for Separation should read: “Involuntary discharge, condition not a physical disability, Personality Disorder (Board waived)” vice “INVOLUNTARY DISCHARGED, PERSONALITY DISORDER (BOARD WAIVED)”. The original DD Form 214 should be corrected or reissued as appropriate.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. (EQUITY ISSUE) This former member avers that he achieved acceptable standards of performance and conduct under current U.S. Marine Corps regulatory guidelines and merits a fully honorable discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copies of DD Form 214 (2)
Copy of Compensation Claim (2pgs)
Copy of Notification Proceedings (2pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                970818 - 971019  COG

 Period of Service Under Review :
Date of Enlistment: 971020               Date of Discharge: 981223

 Length of Service (years, months, days):

         Active: 01 02 04
         Inactive: None

 Age at Entry: 20                          Years Contracted: 5

Education Level: 12                        AFQT: 66

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.6                  Conduct: 4.0

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Sharpshooter Badge

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 :

980514:  Counseled for deficiencies in performance and conduct. [Failure to maintain weight standards in accordance with MC06100.10B] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

981110:  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 II: (301.9) Personality Disorder Not Otherwise Specified with Borderline Narcissistic and Histrionic Features.
        
         AXIS IV: Occupational problems, problems related to the social environment, problems with primary support group.
        
981202:  Applicant notified of intended recommendation for discharge under honorable conditions (general) for the convenience of the government due to a personality disorder. The factual basis for this recommendation is your personality traits which are of such severity as to render you unsuitable for further service as reflected by Naval Medical Center, Mental Health Services in San Diego.

981202:          Applicant advised of his rights and having elected 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.

981202:  Commanding Officer, Personnel Support Detachment 13 recommended discharge honorable for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by Staff Psychiatrist's evaluation.

981203:  Commanding Officer, Marine Aircraft Group 13 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 Staff Psychiatrist's evaluation. This marine has not served enough of his enlistment to rate an honorable discharge.

990104:  GCMCA [CG, 3d 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 981223 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 not proper (D and E).

The Board found that the applicant’s discharge was not based on the type warranted by service record. The discharge was based on the CO, MAG 13’s comment that he has not served enough of his enlistment to rate an honorable discharge. That has no bearing on the discharge issued. The applicant’s average proficiency and conduct marks were 4.6/4.0 respectively. He had no NJP’s and 1 counseling entry for weight control. Clearly he warranted an honorable discharge. Relief granted.
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 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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