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USMC | DRB | 2000_Marine | MD00-00618
Original file (MD00-00618.rtf) Auto-classification: Denied


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


ex-SSgt, USMC
Docket No. MD00-00618

Applicant’s Request
The application for discharge review, received 000418, 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 001102. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did discern inequity 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


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. My discharge was not properly reviewed according to my service record rather than by the opinion of NCOIC and OIC.
2. I was discharged because of a medical condition and was given an explanation for denial of seperation pay.
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 215 (2 copies)
 Copy of Memorandum for Record dated June 24, 1998
Statement from applicant
Thirty-six pages from applicant's service record
Letter from Disabled American Veterans to Commandant of the Marine Corps dated June 12, 1998
Statement from applicant's wife dated August 6, 1998

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              840703 - 880407  HON
                  USMC             880408 - 930702  HON
                   USMC             930703 - 970406  HON
          Inactive: USMCR(J)                830909 - 840702  COG

 Period of Service Under Review :
Date of Enlistment: 970407               Date of Discharge: 980330

 Length of Service (years, months, days):
         Active: 00 11 24
          Inactive: None
Age at Entry: 31                          Years Contracted: 4

 Education Level: 12                        AFQT: 78
Highest Rank: SSgt

 Final Enlisted Performance Evaluation Averages: All enlisted performance reports were available to the Board for review.
Military Decorations: None

 Unit/Campaign/Service Awards: Letter of Appreciation (5), GCM with 3 Stars, NDSM, SSDR with 1 Star, Letter of Commendation (2), SASM with 2 Stars, Certificate of Commendation, KLM, KLM (K)

 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 :


980116:  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 I: Adjustment disorder with depressed mood.
        
         AXIS II: Dependent personality traits.
980130:  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. He expresses homicidal ideation toward his Command Sergeant Major and Lieutenant Colonel; and suicidal ideation with plan if returned to duty. SSGT____(applicant) will not be an effective Marine and it is strongly recommended that he be administratively separated from the Marine Corps.
         AXIS I: Major depression.
         Partner relational problem.
         AXIS II: Dependent and antisocial personality traits.
980205:  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. He is adamant that he will not remain on active-duty and he will harm himself and others if his wish to be separated from the service is not fulfilled.
         AXIS I: Major depression.
          Partner relational problem
        
         AXIS II: Personality disorder, not otherwise specified, with dependent and antisocial features.

 980226:  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 psychiatric evaluation.


980226:          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.

980226:  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 a personality disorder.

980311:  SJA review determined the case sufficient in law and fact.

980311:  GCMCA [Commanding General, 2d Marine Aircraft Wing] 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 980330 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).
In response to applicant’s issues 1 and 2, the Board, after a thorough review of the applicant’s service record, performance evaluations and other evidence presented to the NDRB, determined that relief is warranted under equitable grounds. The Board voted to grant relief in the form of an upgrade in characterization of service to fully honorable in light of the applicant’s outstanding military service.
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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