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USMC | DRB | 2000_Marine | MD00-00765
Original file (MD00-00765.rtf) Auto-classification: Denied


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


ex-LCpl, USMC
Docket No. MD00-00765

Applicant’s Request
The application for discharge review, received 000526, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed the Disabled American Veterans as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010116. 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. . I feel my discharge should be changed because I was not released from service because of my performance or due to criminal behavior. I was released from service because of a mental issue, specifically dissimilar or chronic depression. When asked if I thought something was wrong with me my answer was always no. This conclusion was drowned by a naval psychiatrist and I had no say in the matter. After that I was put on a suicide watch and my rifle was taken from me. At that point my career was ruined and when I was informed I would be discharged it made no since to argue, my CO's mind was mad up. An honorable discharge would help me straiten out my life by allowing me to apply for government jobs and school programs.

2. After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to set forth the request as established by the FSM's application as follows; change of discharge from General, Under Honorable Conditions to Honorable.

A review of the records reflects the the FSM served in the United States Marine Corp. from 7-22-97 to 10-30-98, until his discharge which resulted from a personality disorder.

As noted by Mr. (applicant), he requests his discharge be changed because he was not released due to bad performance or criminal behavior, but due to ill mental health, and was not in the proper frame of mind to make good decisions.

He seeks equitable relief in the form of an honorable discharge, so he may obtain better employment and apply for government educational programs, so he may continue to better himself and be a productive member of the community.

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.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                961024 - 970721  COG
Period of Service Under Review :
Date of Enlistment: 970722               Date of Discharge: 981030

 Length of Service (years, months, days):
         Active: 01 03 09
         Inactive: None
Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 78
Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.3 (3)                       Conduct: 4.2 (3)

 Military Decorations: None
Unit/Campaign/Service Awards: Certificate of Achievement

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 :


UNDATED:         Counseled for deficiencies in performance and conduct. [Underage possession of alcohol, a violation of MCO 1700.22D.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
980616:  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, Alcohol abuse
        
         AXIS II: Personality disorder NOS with avoidant and depressive traits

 980722:  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.

980722:          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.

980722:  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.

981005:  SJA review determined the case sufficient in law and fact.

981005:  GCMCA [Commanding General, 1 st Force Service Support Group] 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 981030 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).
After reviewing the applicant’s issues, the Board determined that the applicant rated an honorable discharge based on his average proficiency and conduct marks which were 4.3/4.2 respectively. The applicant had no NJP’s and one counseling entry. 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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