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USMC | DRB | 2000_Marine | MD00-01088
Original file (MD00-01088.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD00-01088

Applicant’s Request
The application for discharge review, received 000926, requested that the reason for the discharge be changed to hardship. The applicant requested a documentary record discharge review. The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010329. 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 reason for discharge shall not change. The discharge shall remain: HONORABLE /PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3

PART I - APPLICANT’S ISSUES AND DOCUMENTATION   

Issues

 1. DURING MY PRIOR 18 MONTHS OF SERVICE IN THE MARINE CORPS I HAD NO PROBLEMS. WHEN THE PROBLEM WITH MY WIFE BEGAN I WAS UNABLE TO EFFECTIVELY DEAL WITH, DUE IN LARGE PART TO MY AGE AT THE TIME. DURING MY TREATMENT, THE ONLY OPTION GIVEN TO ME BY THE DOCTORS WAS TO BE DISCHARGED. I DO WISH THAT I HAD NOT, BUT I NEEDED TO BE WITH MY FAMILY TO GET MY HEAD STRAIGHT, AND DISCHARGE WAS MY ONLY OPTION.
I AM ASKING THAT I BE GRANTED MY REQUEST, AS THE DD214 AS IT STANDS IS INTERFERING WITH MY ABILITY TO BE HIRED BY ANY LAW ENFORCEMENT AGENCY. ALL BECAUSE OF THE REASON OF SEPARATION IS LISTED AS PERSONALITY DISORDER.
I DO NOT AND DID NOT HAVE A PERSONALITY DISORDER. I WAS HAVING A VERY STRESSFUL TIME IN MY LIFE. I HAVE SINCE THEN HAD AN INDEPENDENT PSYCHIATRIC EVALUATION CONDUCTED BY DOCTOR A_ T_, AND AS THE ATTACHED REPORT SHOWS THAT SHE DID NOT FIND ANY SIGNS OF A PERSONALITY DISORDER OR ANY OTHER PSYCHIATRIC DISORDER. IF ANYTHING, I HAD A TEMPORARY LAPSE IN JUDGMENT AT THE TIME, AGAIN DUE TO MY AGE AND INEXPERIENCE IN DEALING WITH THAT TYPE OF STRESS.
I AGAIN RESTATE THAT I WISH MY DD214 BE CHANGED FROM PERSONALITY DISORDER TO HARDSHIP.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
Psychiatry Evaluation by A_ T_, MD, dtd 01/15/99
Applicant's Honorable Discharge Certificate dtd 6 Mar 97

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                940824 - 950618  COG

 Period of Service Under Review :
Date of Enlistment: 950619               Date of Discharge: 970306

 Length of Service (years, months, days):

         Active: 01 08 18
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 58

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.3                  Conduct: 4.4

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, Rifle Marksman

Days of Unauthorized Absence: None

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

HONORABLE/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :


961211:  M.M. S_, LCDR, MC, Staff Psychiatrist, Naval Hospital, Camp Lejeune: Completed pt evaluation and found that he has symptoms consistent with Borderline Personality Disorder. Pt is not mentally ill and is responsible for own behavior. However, he does have a personality disorder which is so severe that ability to function effectively in the military environment is significantly impaired. Although not imminently suicidal or homicidal, due to his maladaptive pattern of behavior, he poses a continuing risk for harming himself, and for negatively impacting unit morale and effectiveness. Persons with this personality type are continually in crisis and often consume considerable command attention and resources with little return. Pt does not require and will not benefit from psychiatric hospitalization. Pt has made this poor adjustment to the demands of military service despite appropriate leadership, counseling, discipline or other appropriate methods. Strongly recommend that 6105 entry be waived and pt be processed expeditiously by local command for an admin discharge in accordance with MARCORSEPMAN, para 6203.3, by reason of unsuitability without recourse to further psychiatric evals, hospitalizations, or medical board. Pt has been offered supportive follow-up by Mental Health pending admin separation. Pt should not be allowed to handle weapons or engage in other potentially stressful or hazardous duties.

970113:  Applicant notified of intended recommendation for discharge for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric evaluation. Applicant advised that the least favorable characterization of service may be general under honorable conditions.

970117:  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.
970113:  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 psychiatric evaluation. His personality disorder is severe and he is considered psychiatrically unsuitable for further military service.

970224:  GCMCA [Commander, MCB, Camp Lejeune] directed the applicant's discharge with an honorable for convenience of the government due to a personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was honorably discharged on 970306 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) at the time of discharge.

In considering the applicant’s issues, the Board found t he applicant was diagnosed with Borderline Personality Disorder with a maladaptive pattern of behavior, posing a continuing risk for harming himself, and for negatively impacting unit morale and effectiveness by competent medical authority at the Mental Health Clinic, Naval Hospital, Camp Lejeune , and was recommended for expeditious administrative separation from the Marine Corps. (A, Part IV) pertains. The Board finds that the Reason for Discharge reflects the applicant's mental health status at the time of his discharge, and was proper and equitable at the time of issuance. "Personality Disorder" is an accurate narrative description of the reason for the applicant's discharge as diagnosed at the time. While the subsequent examination by Dr. A_T_ in 1999 finds the applicant now presents with no evidence of psychiatric pathology or personality disorder, the contention that the personality disorder no longer exists or has been overcome does not provide a legitimate basis to alter history.

In considering the applicant’s case, the record reflects he served well without misconduct and was awarded an honorable discharge in recognition of that service. However, the applicant completed only 1 year, 8 months and 18 days of a four year contracted obligation, as he was unable to function effectively in the military environment. The applicant was a Military Policeman, but qualified psychiatric evaluation determined he “should not be allowed to handle weapons or engage in other potentially stressful or hazardous duties”, as a result of the continuing risk he may harm himself. This basis for his separation from the Marine Corps appears prudent, appropriate, and in the best interests of the applicant and of the government.

The Board strongly recommends the applicant build a solid post-service record of mental stability, accompanied by personal achievements and community service to present to the NDRB. The following is provided for the applicant’s edification. The NDRB is authorized to consider outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships. The applicant's efforts need to be more encompassing than those provided. The applicant should have produced evidence of his current mental competence, continuing educational pursuits, a verifiable employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not abusing drugs or alcohol in order for consideration for a change to the narrative reason for his discharge based on post-service conduct. The applicant submitted only his Honorable Discharge Certificate and the psychiatric examination conducted by Dr. A_T_, dated 990115, over two years ago, as evidence for the Board to consider as justification for a change. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted at this time. The applicant is reminded that he remains eligible for a personal appearance hearing provided that an application is received within 15 years from the date of discharge and is encouraged to appear before the Board for 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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