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USMC | DRB | 2000_Marine | MD00-00612
Original file (MD00-00612.rtf) Auto-classification: Denied


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

ex-Cpl, USMC
Docket No. MD00-00612

Applicant’s Request
The application for discharge review, received 000412, 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 001214. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but found an inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change and the reason shall remain the same. The discharge shall read: HONORABLE /PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My discharge was inequitable because it was based on an incident in which I was sexually assaulted by a group of Marines at a party. However, I wasn't supposed to be at the party, due to the fact that at the time I was only a junior Marine and they were seniors. I had too much to drink at this party, and as a result. I was sexually assaulted. I had also had other family problems prior to this incident in which all of these problems put together I became severely depressed. My self-respect and self-esteem just went downhill. I really at the time didn't feel I had an identity anymore. I began to think that everyone was against me at work. I began to feel as though I was just a dumb female and no one cares. My social life, especially with other Marines suffered. Other than these problems occurring, I feel that I wasn't a bad Marine, I just let my depression and low self esteem ruin my career, always wanting to be accepted. Finally, I feel that this discharge was inequitable because it was based solely on what happened to me and the embarrassment of other Marines, but not based on my mental status, or the fact that my depression was taking a toll on my life, and no one seemed to care. Ever since I got discharged in 19990604, have strived to make a positive impact on my life and my son's life. Sure, I look back and say to myself that there were things that I could have done differently but I can't turn back the hands of time I have to move forward, and I have. I was very proud to be a Marine. No, I'm not blaming anyone for me losing or destroying my career, because I did it myself. However, all I can do is pick myself up and keep going in life. Since July of 1999, I've learned a lot yes, its a whole new world from administration, in which I did in the Marine Corps. All I'm trying to say to you all is that I have made a positive life for myself and that I don't regret a day I became a United States Marine, despite all the problems I had. Thank you

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of DD Form 215
Four pages from applicant's service record
Copy of performance evaluation dated February 6, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                960131 - 961008  COG

 Period of Service Under Review :
Date of Enlistment: 961009               Date of Discharge: 990604

 Length of Service (years, months, days):

         Active: 02 07 26
         Inactive: None

 Age at Entry: 22                          Years Contracted: 6

 Education Level: 10                        AFQT: 40

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (2)                       Conduct: 4.2 (2)

 Military Decorations: None

 Unit/Campaign/Service Awards: MUC, SMCRM, Letter of Appreciation (3), Certificate of Appreciation, Letter of Commendation

 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 :


980603:  Applicant discharged from outpatient treatment as a treatment failure.
980804:  Counseled for deficiencies in performance and conduct. [Failure to meet financial responsibilities, failure to be at the appointed places of duty, i.e. medical appointments, and not complying with regulations regarding the up keep of government quarters and dependant conduct.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

980811:  Counseled for deficiencies in performance and conduct. [Continued failure to meet financial responsibilities, noncompliance with regulations regarding the up keep of government quarters, failure to complete assigned tasks in a timely manner, and disobeying lawful orders of superiors.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990127:  Counseled for deficiencies in performance and conduct. [Lapse in judgment and use of alcohol in such a manner that your actions resulted in an alcohol related domestic dispute in military housing on 990111.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990303:  Counseled for deficiencies in performance and conduct. [My failure to conform to prescribed weight standards as established by MCO 6100.10B.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
990518:  Medical evaluation by a military psychiatrist concluded that the applicant’s personality disorder was so severe that her ability to function effectively in the military environment was significantly impaired.

         AXIS I: Adjustment disorder with depressed mood
        
         AXIS II: Personality disorder NOS

 990524:  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 and adjustment disorder with depressed mood as evidenced by psychiatric evaluation.

990525:          Applicant advised of his rights and having consulted 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.

990525:  SJA review determined the case sufficient in law and fact.

990525:  GCMCA, Commander, Marine Forces Reserve, directed the applicant's discharge general (under honorable conditions) for convenience of the government due to a personality disorder.

990526:  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 diagnosed with adjustment disorder with depressed mood and personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990604 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 proper but inequitable (D and E).

The NDRB found the applicant’s issue non decisional. The applicant presented issues relating to the circumstances surrounding her discharge as matters of extenuation and mitigation. Relief based on this issue is not warranted.

The Board, however, reviewed the applicant’s service record and found, based on her proficiency and conduct marks that her overall service warranted an Honorable discharge. Relief is 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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