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USMC | DRB | 2000_Marine | MD00-00696
Original file (MD00-00696.rtf) Auto-classification: Denied


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

ex-Cpl, USMC
Docket No. MD00-00696

Applicant’s Request
The application for discharge review, received 000508, requested that the characterization of service on the discharge be changed to honorable conditions and the reason for the discharge be changed to convenience of the government. 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 001206. 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

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. Clemency is warranted because it is an injustice for me to continue to suffer the adverse consequences of a bad discharge.

2. My average conduct and efficiency rating/behavior and proficiency marks were good [or pretty good].

3. I received awards and decorations.

4. I received letter of commendations.

5. My record of promotion showed I was generally a good service member.

6. There were other acts of merit.

7. I have been a good citizen since my discharge.

8. My record of NJP's/Article 15s indicates only isolated or minor offenses.

9. My record of AWOL/UA indicates only minor or isolated offenses.

10. My ability to serve was impaired by my deprived background.

11. My ability to serve was impaired because of marital and family and child care problems.

12. Personal problems impaired my ability to serve.

13. Psychiatric problems I had impaired my ability to serve.

14. Certain other problems impaired my ability to serve.

15. I tried to serve and wanted to, but just couldn't or wasn't able to.

16. My enlistment option was not satisfied or waived.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of Meritorious Mast Recommendation
Copy of Reference Letter
Copy of Meritorious Mast Certificate
Copy of Sergeant Nonresident Program Certificate
Copy of Certificate of Appreciation
Copy of Letter of Appreciation
Copy of Certificate of Appreciation Letter
Copy of Letter of Recommendation
Copy of MCTFS Record of Service
Copy of MCTFS Basic Training Record (2pgs)
Copy of Permanent Change of Station Orders
Claim from Lane County Veterans Service Office

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                951222 - 960324  COG

 Period of Service Under Review :
Date of Enlistment: 960325               Date of Discharge: 990406

 Length of Service (years, months, days):

         Active: 03 00 12
         Inactive: None

 Age at Entry: 18                          Years Contracted: 6

Education Level: 12                        AFQT: 85

 Highest Rank: Cpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.5 (8)              Conduct: 4.5 (8)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Sharpshooter Badge, Meritorious Mast, COA, LOA

 Days of Unauthorized Absence: 3

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 :

981223:  NJP for violation of UCMJ, Article 86: UA from 0801, 981212 to 0800, 981215.
 Awarded: Restriction for 30 days (15 days suspended for 3 months),
extra duties for 30 days (15 days suspended for 3 months), reduction to E-3 (suspended for 3 months). Not appealed.
981223:  Counseled for deficiencies in performance and conduct. [Concerning misconduct for your violation of Article 86, which resulted in NJP] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990217:  Counseled for deficiencies in performance and conduct. [Concerning results of your medical evaluation conducted on 990216] Advised that he will immediately be processed for Administrative Separation by reason of convenience of the government for a personality disorder, sources of assistance provided, disciplinary and discharge warning issued.

990219:  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: Occupational Problem Bereavement
        
         AXIS II: Personality Disorder NOS with dependent and borderline personality features.

 990222:  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.

990222:          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.

990222:  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. The factual basis for this recommendation was the respondent's diagnosis of having a personality disorder NOS with dependent and borderline personality features.

990308:  SJA review determined the case sufficient in law and fact.

990326:  GCMCA [CG, MCB, 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 990406 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 over a three year period of active duty the applicant had one NJP for being UA for 3 days and one page 11 counseling entry for that incident. Furthermore he had average proficiency and conduct marks of 4.5/4.5 respectively. The discharge issued was not based on type warranted by service record. Although not a stellar performer, the applicant was a good Marine, with only one small blemish in his career. The Board grants relief.


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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