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USMC | DRB | 2000_Marine | MD00-00066
Original file (MD00-00066.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD00-00066

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 did not list any 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/ 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 reason for applying for a discharge upgrade is that I wish to use my educational benefits. I payed for those benefits for the first year of service. I was instructed by the VA to use these benefits I must have a straight honorable. In the Marines I have learned a lot about discipline and hard work which you need to succeed in life. Those values have helped me gain control of my life. I now want to increase my education with the help of the government. I have submitted the attached documents from commanding officers that I served under stating that they recommended that I be discharged with an honorable discharge. I would greatly appreciate the upgrade to continue to better my life. Thank you.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Discharge Information (7pgs)
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)                891129 - 900430  COG

 Period of Service Under Review :
Date of Enlistment: 900501               Date of Discharge: 921125

 Length of Service (years, months, days):

         Active: 02 06 25
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

 Education Level: 13                        AFQT: 76

 Highest Rank: LCPL

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (5)              Conduct: 4.0 (5)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Sharpshooter Badge, NDSM, Meritorious Mast, Certificate of Commendation,

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 :

920305:  Not recommended for promotion to CPL because of PFT failure.

920324:  Not recommended for promotion to CPL because of PFT failure.

920409:  Not recommended for promotion to CPL because of overweight.

920416:  Counseled for deficiencies in performance and conduct. [Failure to conform to Marine Corps weight standards] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
920519:  Not recommended for promotion to CPL because of weight control.

 920729:  Not recommended for promotion to CPL because of being on weight control.

 920824:  Not recommended for promotion to CPL because of weight control.

 920903:  Counseled for deficiencies in performance and conduct. [Concerning my borderline personality disorder which resulted in recommendation for an expeditious administration separation due to an ongoing risk of harm to myself and other.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920921:  Medical evaluation by a military psychiatrist indicates individual is responsible for his behavior and possesses sufficient mental capacity to understand and cooperate intelligently as a respondent in any administrative or judicial proceedings which might involve him, if necessary. Based on this evaluation, the diagnostic impression is that of a Borderline 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).
921007:  Commanding Officer, 1 st Battalion, 12 th Marines Expeditionary Brigade, recommended honorable discharge for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric evaluation. The factual basis for this recommendation was the respondent's diagnosed personality disorder.

921007:  Applicant notified of intended recommendation for honorable discharge for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric evaluation.

921008:          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.

921103:  Commanding Officer, 3d Marines (REIN) recommended discharge under honorable conditions (general) for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder.

921105:  SJA review determined the case sufficient in law and fact.

921106:  GCMCA [Commanding General, 1 st Marine Expeditionary Brigade] 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 921125 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 not proper (D and E).

The Board found that the discharge was not based on the type warranted by service record. The applicant’s average proficiency and conduct marks were 4.5/4.0 respectively, which warrants an honorable discharge. Relief warranted.


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 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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