Search Decisions

Decision Text

USMC | DRB | 2001_Marine | MD01-00076
Original file (MD01-00076.rtf) Auto-classification: Denied


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


ex-LCpl, USMC
Docket No. MD01-00076

Applicant’s Request
The application for discharge review, received 001017, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to COG. 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 010406. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did find inequity in the characterization of the applicant’s service. Accordingly, the Board grants partial relief. The Board’s vote was unanimous that the character of the discharge shall change to: HONORABLE/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues

1. From 1998 June 08 to 1999 May 26, My service record reflects that I served without disciplinary incident.
2. Had I been allowed to recieve therapy, I would have most likely not been discharged.
3. I did not have depression before I enlisted. It is unjustly that I have been discharged by reason of convience of the government.

 4. I was diagnosed with personality disorder NOS. NOS meas there was not enough conclusive information to make a diagnosis. Therefore my diagnosis was improper.

5. I have since then been diagnosed as not having a personality disorder.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Statement from applicant dated August 11, 2000
Copy of psyschosocial evaluation dated August 10, 2000
 Three pages from applicant's medical record
 Copy of Beck Depression Inventory (4 pages)
 Articles on Cluster C Personality Disorders (8 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USMCR(J)                970818 - 980607  COG

 Period of Service Under Review :
Date of Enlistment: 980608               Date of Discharge: 990526

 Length of Service (years, months, days):
         Active: 00 11 19
          Inactive: None
Age at Entry: 17                          Years Contracted: 4

 Education Level: 12                        AFQT: 53
Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.1 (3)                       Conduct: 4.1 (3)

 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 :
990408:  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: Adjustment disorder with disturbances of emotions.
        
         AXIS II: Personality disorder NOS with avoidant and dependent features.

 990409:  Counseled for deficiencies in performance and conduct. [Diagnosed with a personality disorder which hinders your ability to continue training.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

990413:  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 psychiatric evaluation.

990413:          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.

990413:  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. The factual basis for this recommendation was applicant's suicidal ideations.

990505:  GCMCA [Commanding General, Marine Corps Base, Camp Pendleton, CA] 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 990526 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 inequitable (D and E). Accordingly, partial relief is granted.
The Board carefully considered the applicant’s request for an upgrade to Honorable by reason of Convenience of the Government, and found that other than his diagnosis of Personality disorder with suicidal ideation, the applicant had no adverse marks in his service record.
The applicant was diagnosed with " Assessment: 18 year old male unable to cope with apparent rejection by another Marine; Axis I: Adjustment Disorder with disturbance of the emotions; Axis II: Personality Disorder NOS with dependent and avoidant traits; Axis III: RAD. He is considered a danger to self and others if retained in USMC.”, by competent medical authority at the Mental Health Clinic, Naval Hospital, Camp Pendleton, CA, and was recommended for expeditious administrative separation from the Marine Corps (A, Part IV) pertains. The mere presence of a personality disorder is not a bar to Naval Service. Members may be separated for personality disorders provided (1) a medical diagnosis is made by competent military medical authority which concludes that member's disorder is of such severity as to render member incapable of serving adequately in the Naval Service; (2) there is documented interference with performance of duty; and (3) counseling in accordance with paragraph 6105 of the MARCORSEPMAN is completed. The only exception is in cases where the military medical authority has evaluated the member as being self-destructive and/or a continuing danger to him or herself and others. In these cases, immediate processing for administrative separation may be initiated. Thus, 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. The contention that the personality disorder no longer exists or has been overcome does not provide a legitimate basis to alter history. Relief on this basis is denied.

The Board separately considered the applicant’s request for upgrade of his discharge from General (under honorable conditions) to Honorable. The record revealed no NJP offenses, no adverse counseling entries and proficiency and conduct marks which reflected honorable service. The Board unanimously finds the nature of the applicant’s service Honorable and directs his discharge be changed to Honorable/Personality Disorder.


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      


Similar Decisions

  • USMC | DRB | 2002_Marine | MD02-00098

    Original file (MD02-00098.rtf) Auto-classification: Denied

    MD02-00098 Applicant’s Request The application for discharge review, received 011015, requested that the characterization of service on the discharge be changed to honorable. 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) 971021 - 971116 COG Period of Service Under...

  • USMC | DRB | 2002_Marine | MD02-00191

    Original file (MD02-00191.rtf) Auto-classification: Denied

    981118: 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 psychiatric evaluation. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 990114 with a general (under honorable conditions) for convenience of the government due to a personality disorder (A and B). A Marine’s conduct and...

  • USMC | DRB | 2003_Marine | MD03-00929

    Original file (MD03-00929.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable, and the narrative reason and RE code be changed. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Twenty-one pages from Applicant’s service record PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: None Period...

  • USMC | DRB | 1999_Marine | MD99-01222

    Original file (MD99-01222.rtf) Auto-classification: Denied

    921211: Counseled for deficiencies in performance and conduct. 930218: 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 psychiatric evaluation. The characterization of service should have been based on the applicant’s service record.

  • NAVY | DRB | 2004 Marine | MD04-00561

    Original file (MD04-00561.rtf) Auto-classification: Denied

    The boards decision to upgrade my discharge will help me in getting the opportunity to do just that.Regards,A_D_ (Applicant)” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 000906 - 001010 COG Period of Service Under Review :Date of Enlistment: 001011 Date of...

  • USMC | DRB | 1999_Marine | MD99-01061

    Original file (MD99-01061.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Memorandum from Dr J_ L_ S_ M.D., Colonel, U.S. Army, Medical Corps Psychiatrist (2 copies) Letter from the Honorable Mr. P_ to Board of Correction of Naval Records dated May 12, 1999 Letter from Dr. S_ A. M_, M.D recommending overturning discharge to honorable dated October 15, 1998 USMC Medical Records (23 pages). After a thorough review...

  • NAVY | DRB | 2004 Marine | MD04-00509

    Original file (MD04-00509.rtf) Auto-classification: Denied

    Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.010402: 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.010402: Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B,...

  • NAVY | DRB | 2004 Marine | MD04-00295

    Original file (MD04-00295.rtf) Auto-classification: Denied

    MD04-00295 Applicant’s Request The application for discharge review was received on 20031201. My whole life was changed as result of this accident and I should have received an honorable discharge under medical conditions. The Applicant’s service record did not contain any unusual circumstances during his time in the military to warrant a change to “honorable.” The official records and the additional documents supplied by the Applicant, do not support his contention of a “cover up”...

  • NAVY | DRB | 2004 Marine | MD04-00564

    Original file (MD04-00564.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:14 pages from Applicant’s medical record PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: Inactive: USMCR(J) 980724 - 981025 COG Period of Service Under Review :Date of Enlistment: 981026 Date of...

  • NAVY | DRB | 2004 Marine | MD04-00425

    Original file (MD04-00425.rtf) Auto-classification: Denied

    The Applicant requested the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. 001208: Commanding officer recommended the Applicant’s separation with an uncharacterized discharge for convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychological evaluation. PART IV - INFORMATION FOR THE APPLICANT If you believe that the decision in your case is...