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USMC | DRB | 2000_Marine | MD00-00893
Original file (MD00-00893.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD00-00893

Applicant’s Request
The application for discharge review, received 000707, requested that the characterization of service on the discharge be changed to honorable conditions. 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 010201. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/Condition not a physical disability, Personality Disorder (without administrative discharge board), authority: MARCORSEPMAN Par. 6203.3

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)
1. The reason I would like by discharge updated is because I would like to go into some form of Government or Law Enforcement. I have been taking exams from the United States Academy of Private Investigators and I will soon be getting by diploma from them.

 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)                901107 - 901119  COG

 Period of Service Under Review :
Date of Enlistment: 901120               Date of Discharge: 930301

 Length of Service (years, months, days):

         Active: 02 03 12
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 68

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.2 (7)                       Conduct: 4.2 (7)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 1

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/Condition not a physical disability, Personality Disorder (without administrative discharge board), authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :

920507:  NJP for violation of UCMJ, Article 92: did on board MCSFCO, NASNI, on or about 1230, 4 May 92, having knowledge of his duties, was derelict in the performance of those duties in that he negligently by culpable inefficiency violated the classified information nondisclosure agreement by compromising sensitive information to a person not authorized to receive such information via a public phone, as it was his duty not to do so.
Awarded forfeiture of $100.00 per month for 2 months, restriction and
extra duties for 14 days, pay grade reduction to E-2. Not appealed.
920814:  NJP for violation of UCMJ, Article 86: on or about 0630, 920722 to 2320, 920723 was unauthorized absence (AWOL); violation of UCMJ, Article 123a: at NEX San Diego, on or between 920711 to 920723, member did make and utter bad checks totalling $895.55 while having insufficient funds in his bank.
 Awarded forfeiture of $200.00 per month for 2 months, restriction and
extra duties for 45 days. pay grade reduction to E-1. Not appealed.
920819:  Admitted to Naval Hospital, San Diego: To rule out Psychosis, NOS, rule out Dissociative Disorder, rule out Schizotypal Personality Disorder. 22 year old was admitted after presentation at the Mental Health Unit. Pt had been sent to the CCU facility at 32 nd street 1 August 92 for writing bad checks (worth about 2,000 dollars), being UA in July, and disclosure of secret information in May. Pt reported that he could not remember writing the checks. He sought help while in the CCU because he was afraid that his alter ego "Frank Castle" would hurt somebody. Pt claimed that he was told by friends that he sometimes behaves like someone else and can be extremely violent. He reported that in Tiajuana he had badly beaten a man. He had no recollection of this event but claimed that friends told him what transpired. Pt was unable to provide the names of any corroborating witnesses. Pt also reported that in June of 92 he awoke with scratches all over his body that had been made by a nail. Pt did not remember making the scratches. Pt also related being told by friends that he flipped a playing card at a person's head and knocked him unconscious.
         Pt gave history of hearing voices both male and female that quietly asked him why he hadn't been going to church or told him that he was being a "bad boy". These voices were first noticed by the boy when he was 14. History of the onset of these symptoms was inconsistent. At times he reported that the alter first appeared in Feb 92. During the admission interview the Pt reported the onset as age 16 when he was hit on head with an iron. The patient’s reliability and truthfulness were also questioned by the psychological consultants. Pt denied alcohol and drug use. Did not drink because of religious beliefs. Pt has no past psychiatric history. In summary, based on pt's history, behavior during hospitalization, and results of psychological testing, he was felt to have a schizotypal personality disorder. Discharge Diagnosis: Axis I: No diagnosis, Axis II: Schizotypal Personality disorder, Axis III: No diagnosis.
 Recommendation: 1 - Pt is fit for duty but is unsuitable for retention due to a severe personality disorder. This personality disorder rendered pt incapable of participating in rehab in the CCU facility. Retention will most likely result in further decompensations and possibly a psychotic episode. 2 - Pt is not judged to be homicidal or suicidal at this time but may present a danger to self and others if retained in the USMC. 3 - Pt is responsible for his actions. 4 - No further need for psychiatric hospitalization at this time. 5 - Pt returned to his command for expeditious processing for admin separation for a personality disorder.
920908:  Discharged from Naval Hospital San Diego.

921020:  Battalion Surgeon: Applicant admitted to Naval Hospital San Diego 19 Aug 92 and discharged 8 Sep 92 for magical shirking, episode delusions, and claiming to have an alternative personality. Diagnosed as schizotypal personality disorder and recommended administrative separation.
921022:  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.

921022:  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.

921022:  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 and the personality disorder is so severe that member's ability to function is military environment is significantly impaired.

921105:  Counseled for deficiencies in performance and conduct: (Advised being processed for administrative separations due to diagnosed personality disorder, but due to an administrative oversight on part of previous command, you were not counseled prior to being referred to a psychiatrist). Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

921203:  CO, 1 St Marine advised CG, 1 st MARDIV that he had personally interviewed the applicant because of questions about the proper handling of the discharge package and the applicant's responses to questions support the medical recommendation for discharge. Recommend he be given a General Discharge under Honorable conditions.

930127:  GCMCA [Commander, 1 st MARDIV] 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 930301 under honorable conditions (general) 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 and equitable (D and E).

The Board found that the applicant had 2 NJPs for dereliction of duties, UA and uttering bad checks. The applicant was diagnosed with a schizotypal personality disorder on 920819, with recommendations for administrative separation due to unsuitability for further service. The applicant was then notified of his rights, but elected to waive these rights and was separated for a condition, not a physical disability for personality disorder with a general (under honorable conditions). The Board found the applicant was properly and equitably discharged taking into consideration the applicant’s service record, inclusive of two NJPs. Relief is not warranted.

 In response to the applicant’s issue 1, the Board has no obligation to change the applicant’s discharge in order to allow him to obtain employment in the government or law enforcement. No relief will be granted based on this issue.

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

 Pertinent Regulation/Law (at time of discharge)

 A. Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.
B. Table 6-1, Guide for Characterization of Service of the Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

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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