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USMC | DRB | 2001_Marine | MD01-00057
Original file (MD01-00057.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD01-00057

Applicant’s Request
The application for discharge review, received 001011, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a personal appearance hearing. The applicant did not designate a representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010406. 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: UNCHARACTERIZED/ PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I, A_ V_ (Applicant), enlisted in the USMC with the assumption of my recruiter would do what he and I agree on; which is to change my M.O.S. from infantry to firefighting and rescue unit. This agreement was made under the condition of the vacancy of firefighting and rescue unit at the time. And when there's a vacancy for this particular M.O.S., my M.O.S. of infantry would be change to as thou. Well this was not the case in hand when I was stationed at Camp Lejune, NC I reported this to my commanding officer, and his reply was, "You either bite the bullet or get the fuck out!" I felt disoriented with the idea of USMC is guiding my fate, and was not showing any faith in my case. I wanted to a Marine, but the Marines didn't let me. They kick me out of the Marines; instead, of kicking out my recruiter because of the injustice and lies that laid on me. And to add on the injustice and lies, my recruiter not once told me I had to be a U.S. citizen to be eligible for the firefighting and rescue unit, and that time I was not a U.S. citizen. I found this out when my commanding officer brief me on the eligibility. I plead for a correction of discharge to be change from uncharacterized to under honorable condition; so I can get on with my life. Thank you for cooperation.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                951124 - 961020  COG

 Period of Service Under Review :
Date of Enlistment: 961021               Date of Discharge: 970401

 Length of Service (years, months, days):

         Active: 00 05 11
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

 Education Level: 14                        AFQT: 75

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 3.6 (2)                       Conduct: 4.1 (2)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Marksman Badge

Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :
970306:  Medical evaluation by a military clinical psychologist concluded that the applicant’s personality disorder was so severe that his ability to function effectively in the military environment was significantly impaired. Although not imminently suicidal or homicidal, due to his maladaptive pattern of behavior, he poses a continuing risk for harming himself, ad for negatively impacting unit morale and effectiveness. I am particularly concerned that Pt should not handle weapons.

         AXIS I: 305.00 Alcohol abuse
         AXIS II: 301.9 Personality disorder not otherwise specified with Narcissistic, Antisocial & Schizoid features.

 970306:  Counseled for deficiencies in performance and conduct [diagnosed personality disorder which is so severe it adversely affects ability to function effectively in a military environment and your unsatisfactory performance and conduct which is evidenced by your inability to adapt to the Marine Corps]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

970318:  Applicant notified of intended recommendation for discharge with uncharacterized service for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder which is so severe that the ability to function effectively in the military environment is significantly impaired.

970318:          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.

970320:  Commanding officer recommended discharge with an uncharacterized service for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder. Commanding officer’s comments (verbatim): "Private (Applicant) enlisted into the Marine Corps on 21 October 1996 and reported to the School of Infantry on 29 January 1997 for training with Infantry Training Battalion. Private (Applicant) was dropped from training and placed on light duty for personal problems pending evaluation by the Mental Health Clinic. On 6 March, he was evaluated by Dr. H_ for adjustment problems diagnosed with a personality disorder, and recommended accordingly for separation. Private (Applicant) has demonstrated that he is very manipulative and immature, and has no potential for further service. Private (Applicant) has not been the subject of any disciplinary actions while a member of this command."

970331:  GCMCA [CG, MCB, Camp Lejeune] directed the applicant's discharge with an uncharacterized service 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 970401 with an uncharacterized service 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 NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted. The applicant does not deny that he was suffering from a personality disorder at the time of his discharge from naval service. He was diagnosed by qualified medical officers as possessing a long-standing disorder of character and behavior which was of such severity as to interfere with serving adequately in the Marine Corps. He was considered a continuing risk to do harm to himself or others and expressed a desire to be separated from the Marine Corps. The applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated for a Personality Disorder. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief is denied.

Further, the total active service the applicant completed was five months and 11 days, short of the 180 days required by the MARCORSEPMAN for a characterization of service as other than uncharacterized. The uncharacterized nature of the applicant’s discharge is not adverse or punitive. This description exists to describe the service of individuals separated before they demonstrate the character of their service, honorable or otherwise. As the applicant did not complete the minimum length of service to make him eligible for honorable characterization, due to his personality disorder, relief is denied.

The following is provided for the benefit of the applicant. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. There is no law, or regulation, which provides that a discharge may be changed, based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. The applicant is reminded that he is eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at personal appearance hearing is highly recommended but not required.

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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