Search Decisions

Decision Text

USMC | DRB | 2000_Marine | MD00-01074
Original file (MD00-01074.rtf) Auto-classification: Denied


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


ex-PFC, USMC
Docket No. MD00-01074

Applicant’s Request
The application for discharge review, received 000920, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed American Legion as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010906. 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 three to two 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. (Equity Issue) The former member opines that despite his weight and personality problems, he was able to maintain his conduct and performance levels high enough to satisfy Marine Corps standards for an honorable discharge. On this basis, he petitions the Board’s relief.

2. (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application.
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)                970513 - 970721  COG
Period of Service Under Review :
Date of Enlistment: 970722               Date of Discharge: 980818

 Length of Service (years, months, days):
         Active: 01 00 27
          Inactive: None
Age at Entry: 21                          Years Contracted: 4

 Education Level: 14                        AFQT: 32
Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.0 (1)                       Conduct: 4.0 (1)

 Military Decorations: None
Unit/Campaign/Service Awards: None

 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 :

980420:  Applicant's weight does not meet acceptable Marine Corps standards. Weight: 182. Body Fat: 20%. Applicant's physical appearance is not due to a pathological disorder.
980422:  Applicant placed on weight control/distribution program. Applicant directed to meet weight reduction goal of 2 percent body fat or 4 pounds per month for a total of 24 pounds.
980512:  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: Personality disorder not otherwise specified with antisocial and borderline traits.

 980628:  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.

980629:  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.

980629:  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 your diagnosed personality disorder.

980730:  SJA review determined the case sufficient in law and fact.

980730:  GCMCA [Commanding General, Marine Corps Recruit Depot/Eastern Recruiting Region, Parris Island] 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 980818 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 not equitable (D and E).
Issues 1-2. In considering the applicant’s issues, the Board found that the record shows no adverse page 11 entries, no NJP, and average proficiency and conduct markings of 4.0 / 4.0 respectively. The Board also noted the applicants Battalion and Regimental Commanders recommended he receive an Honorable discharge. The Board 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. Relief is 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 “ afls10.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      


Similar Decisions

  • USMC | DRB | 2000_Marine | MD00-00668

    Original file (MD00-00668.rtf) Auto-classification: Denied

    I had a problem with weight control, and was discharged because of it.To begin with, I had a weight problem when I went into the Marine Corps, and had to go on a delayed enlistment program to give me time to loose some weight. I request that you look into this situation and assist in getting the discharge upgraded, so that I may receive my VA Education Assistance benefit.your assistance Documentation In addition to the service record, the following additional documentation, submitted by the...

  • NAVY | DRB | 2004 Marine | MD04-00597

    Original file (MD04-00597.rtf) Auto-classification: Denied

    Applicant ’s second assignment.020515: Counseled concerning deficiency, specifically, unsatisfactory performance while assigned to the Marine Corps weight control program as evidenced by continued weight gain and only minimal weight loss, failure to adhere to my diet and weight loss plan, advise of assistance available and corrective actions. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was...

  • USMC | DRB | 2000_Marine | MD00-00064

    Original file (MD00-00064.rtf) Auto-classification: Denied

    Block 28, Narrative Reason for Separation should read: “Involuntary discharge, condition not a physical disability, Personality Disorder (Board waived)” vice “INVOLUNTARY DISCHARGED, PERSONALITY DISORDER (BOARD WAIVED)”. 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. You should read Enclosure (5) of the Directive before submitting...

  • USMC | DRB | 2000_Marine | MD00-00066

    Original file (MD00-00066.rtf) Auto-classification: Denied

    st Marine Expeditionary Brigade] directed the applicant's discharge under honorable conditions (general) for convenience of the government due to a personality disorder. Discussion The applicant was discharged on 921125 under honorable conditions (general) for convenience of the government due to a personality disorder (A and B). 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...

  • USMC | DRB | 2002_Marine | MD02-01179

    Original file (MD02-01179.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Handwritten statement from Applicant, dated June 26, 2002 Appointment of Veterans Service Organization as claimant's representative, dated July 1, 2002 (3 copies) Applicant's DD Form 214 (2 copies) Eighty pages from Applicant's service record PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive:...

  • USMC | DRB | 1999_Marine | MD99-01211

    Original file (MD99-01211.rtf) Auto-classification: Denied

    I completed some difficult training and was always trying to learn more and advance in the Marine Corps. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Copy of 2 MCI completion certificates Copy of Army record of certification Copy of Notification Administrative Separation Proceedings Copy of applicant’s Acknowledgement of Rights PART II - SUMMARY OF SERVICE Prior Service (component,...

  • USMC | DRB | 2003_Marine | MD03-00573

    Original file (MD03-00573.rtf) Auto-classification: Denied

    “I received a general under honorable conditions discharge for a personality disorder. As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174C. 020131: Commanding Officer recommended discharge under honorable conditions (general) for...

  • USMC | DRB | 2003_Marine | MD03-00017

    Original file (MD03-00017.rtf) Auto-classification: Denied

    MD03-00017 Applicant’s Request The application for discharge review, received 20021001, requested that the characterization of service on the discharge be changed to honorable. 990924: Credentialed Health Care Provider, NavHosp, Camp Lejeune, medical eval: Current HT – 70 inches, WT – 231 pounds, Body Fat – 27%. Advised of being overweight and in excess of allowable body fat standard.

  • USMC | DRB | 2001_Marine | MD01-00139

    Original file (MD01-00139.rtf) Auto-classification: Denied

    970221: Applicant assigned to weight control program due to determination to be overweight and are directed to meet the following weight reduction goal: 45 pounds per month. 970225: Weight: 222, Body Fat: 29.9% 970303: Weight: 220, Body Fat: 29.9% 970311: Applicant informed eligible but not recommended for promotion to Corporal due to assignment to weight control IAW MCO P1400.3 paragraph 3F through 3N. 971209 Applicant notified of intended recommendation for discharge with a General...

  • USMC | DRB | 2002_Marine | MD02-00643

    Original file (MD02-00643.rtf) Auto-classification: Denied

    It would also decrease the amount of Federal Un/Subsidized Loans taken in the pursuit of my education and career goals.In light of the fact that I am currently a Disabled Veteran receiving V A Disability Compensation for Service Connected injuries incurred in the military while on active duty; I am requesting an expedited review and upgrade of my discharge status. After a review of the Former Service Members (FSM) DD Form 293 Application for the Naval Discharge Review Board of Discharge or...