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USMC | DRB | 2000_Marine | MD00-00145
Original file (MD00-00145.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD00-00145

Applicant’s Request
The application for discharge review, received 991104, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing before the board in the Washington National Capital Region. The applicant listed the Disabled American Veterans as his representative on the DD Form 293. In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000720. 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 3 to 2 that the character of the discharge shall change. The discharge shall change to: HONORABLE/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I feel that because of my honorable discharge from the US Army, an the fact that I recieved only one Article 15 non-judicial punishment, I should be given a honorable discharge up grade from my service in the Marine Corps. I have served my country for eight years, an should not be punished with a lesser discharge, because of one isolated incident. Since a less than Honorable Discharge may negatively affect my ability to seek civilian employment and continue to serve my country in a capacity other than the US Military.

 2. The FSM contends the General discharge which he received will prevent him from obtaining and maintaining favorable. employment. The FSM had one incident on June 16, 1998, wherein he assaulted another military member. This was an isolated incident contained in the FSM's record.

The FSM was found to have a personality disorder while in service. Besides the above mentioned occurrence while in service, the FSM's record lacks any identifying reasons for deserving a discharge that would be any less than Honorable.

We continue to support the FSM in his contentions and we ask for the boards careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the applicant. Respectfully,

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
Copy of DD Form 214 from Army (2 copies)
Seventeen pages from applicant's medical record (some duplicates)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USA                        860729 - 930428  HON
         Inactive: USMCR(J)                970224 - 970519  COG

 Period of Service Under Review :
Date of Enlistment: 970520               Date of Discharge: 980826

 Length of Service (years, months, days):

         Active: 01 03 07
         Inactive: None

 Age at Entry: 28                          Years Contracted: 4

 Education Level: 15                        AFQT: 67

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.9 (4)                       Conduct: 3.9 (4)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

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 :


980605:  Evaluation: Diagnostic impression: alcohol abuse. Recommendations: Outpatient treatment.

 980610:  NJP for violation of UCMJ, Article 128:
 Specification: Assaulted LCpl with a knife on 2215, 16May98.
Violation of UCMJ, Article 134:
Specification: Drunk and disorderly on 2215, 16May98.
Awarded forfeiture of $519.00 per month for 2 months, restriction and extra duties for 45 days, reduction to PFC. Not appealed.
980713:  Counseled for deficiencies in performance and conduct. [Diagnosed personality disorder, wants to harm other personnel and himself, drinking excessively, periods of weeping.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980721:  Medical evaluation by a military psychologist 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 dependence, early full remission, posttraumatic stress disorder, EPTE, nicotine dependence
        
         AXIS II: Antisocial personality disorder

         AXIS IV: Stressors: Lack of support system and financial concerns

980728:  OIC recommends honorable discharge.

 980805:  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 psychological evaluation.

980805:          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.

980805:  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 as evidenced by psychological evaluation. The factual basis for this recommendation was having an antisocial personality disorder.

980813:  SJA review determined the case sufficient in law and fact.

980814:  GCMCA [Commander, Marine Corps Base Hawaii] 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 980826 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, by a vote of 3 to 2, found that the discharge was not proper (D and E).

The Board agrees with the applicant’s issue that his service, while in the Marine Corps, warrants an honorable discharge. After discussions with competent medical authorities, the Board determined that the applicant’s personality disorder was a major contributor to his violation of the UCMJ and that that should have been taken into account when the command issued his reduction marks. It was obvious to the Board, that this was not the case. The marks issued dropped his average conduct mark to 3.9, not qualifying him for an honorable discharge. Had his mental condition been taken into account, the Board feels certain that his conduct marks would have been higher. This increase would have increased the average of the mark to a 4.0, which would have entitled him to 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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