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USMC | DRB | 2000_Marine | MD00-00920
Original file (MD00-00920.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD00-00920

Applicant’s Request
The application for discharge review, received 000719, 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 010502. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned both impropriety and inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character and basis of the discharge shall change to: HONORABLE/SECRETARIAL AUTHORITY (SPD JFF1) authority: MARCORSEPMAN Par. 6214

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. On my behalf I would like to ask that section 24 of Document DD 214 be changed to honorable, and section 28 be removed from my DD 214 also. I understand that I left the Marines early because of personal problems, but believe it should not reflect me the rest of my life. I believe that my time served was honorable and to my fullest extent of ability. I am currently pursuing a career in law enforcement and believe my DD 214 would help if it looked better. I do not have a personality disorder and would apprieciate your understanding in this matter.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (3 copies)
Letter from applicant dated September 25, 2000
Employment reference dated August 11, 2000
Character reference dated September 21, 2000
Copy of criminal record check dated September 21, 2000
Character reference, undated
Character reference, undated
Copy of High School Equivalence Diploma dated February 28, 1996
Copy of certificate for completion of firearms training dated January 27, 2000
Copy of certificate for completion of basic autopistol seminar dated January 27, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                940121 - 940123  COG

 Period of Service Under Review :
Date of Enlistment: 940124               Date of Discharge: 950310

 Length of Service (years, months, days):

         Active: 01 01 17
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 62

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.1 (2)                       Conduct: 4.1 (2)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/INVOL DIS (PERSONALITY DISORDER), authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :


941202:  Division Psychiatry: Assessment: Axis I: Adjustment disorder with depressed mood. Axis II: Borderline personality disorder. Division Psychiatrist Notes: Would hold off on admin sep recommendation at this time, as above. RTC 2 wks. No weapons/ammo in interim.

941214:  Medical evaluation by division psychiatrist as borderline personality disorder referred to in notice of intent (personality disorder) not found in service or medical records.

 950123:  Applicant notified of intended recommendation for honorable discharge for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric evaluation.

950124:          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.

950124:  Commanding officer recommended Honorable discharge 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 psychiatric evaluation by the Division Psychiatrist.

950221   SJA review determined the case sufficient in law and fact.

950222:  GCMCA [Commander, 2d Marine Division, MarForLant] 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 950310 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 both improper and inequitable (D and E).

In considering the applicant’s issue, that the characterization of his discharge be changed to Honorable, the Board found that the record shows no adverse page 11 entries, no NJP, and average proficiency and conduct markings of 4.2. The Board also noted the applicant’s commanding officer recommended he receive an Honorable discharge. The General Court-martial convening authority, CG 2DMARDIV, however, directed award of General (under Honorable conditions). The Board unanimously finds the applicant’s service was faithful and unmarred by deficiencies in conduct and proficiency and therefore is appropriately recognized by award of an Honorable discharge. Full relief on this issue is granted.

The applicant request that section 28 be removed from his DD 214. The contention that the personality disorder no longer exists or has been overcome, does not provide a legitimate basis to alter history. However, according to the Marine Corps Separations and Retirement Manual, s eparation for personality disorder is authorized only if a diagnosis by a psychiatrist or psychologist concludes that the disorder is so severe that the Marine's ability to function effectively in the military environment is significantly impaired. In addition to the medical diagnosis there must be non-medical evidence showing specific examples of how the Marine is unable to function in the Marine Corps. In addition to the procedures required in this Manual, commanders must comply with SECNAVINST 6320.24 and DoD Directive 6409.1 when referring a Marine to a mental health evaluation. Separation processing may not be initiated until the Marine has been counseled in accordance with paragraph 6105. However, such counseling is not required if a qualified medical officer has concluded that the Marine is self-destructive (suicidal) or dangerous to self or others. In such cases, administrative separation processing may be initiated immediately, without prior counseling under paragraph 6105. This does not imply mandatory separation processing or automatic approval of separation, only expeditious considerations. There is no evidence to demonstrate that the above procedures were followed. However, there is evidence that the applicant was not self-destructive nor a danger to others. Based on this evidence and an issue of propriety, t he Board’s vote was unanimous that the reason for discharge shall change to Secretarial Authority, SPD code JFF1.

The Board extends its best regards to the applicant, thanks him for his service and wishes him well in his future endeavors.

 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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