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USMC | DRB | 2001_Marine | MD01-00102
Original file (MD01-00102.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD01-00102

Applicant’s Request
The application for discharge review, received 001024, 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 designate a representative on the DD Form 293. Subsequent to receiving the application, the applicant elected the Veterans of Foreign Wars as his representative.

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 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/ENTRY LEVEL PERFORMANCE AND CONDUCT, authority: MARCORSEPMAN Par. 6205.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I am requesting a change of my actual discharge to honorable for the following reasons:
I had over six months of honorable service and just because I asked to go to sick call because I was felling sick I was threatened with a court martial and from then on my troubles started.
This was unjust, to give me an uncharacterized type of discharge.
As a human being "couldn't I get sick?"
Also I was not given the benefit of a hearing so that I could defend myself. It was the Marine Corps against me.

I am 24 years old and need to make something out of my life. The type of discharge given to me is a bar to achieve what I want out of life.
I ask of you to be compassionate and grant me what honestly I deserve. An Honorable Discharge.

Submitted by VFW:

2. The applicant enlisted in the United States Marine Corps on July 27, 1999. He completed recruit training and was enrolled in school to gain further training in his MOS. On January 14, 2000 the applicant received an uncharacterized discharge due to personality disorder. A DD 215 was issued December 14, 2000 to change the reason for discharge to Entry Level Performance and Conduct.

3. Applicant had completed recruit training with no apparent problems. He was referred to the Naval Hospital at Camp Lejuene for outpatient psychiatric counseling. A mental Services Outpatient Consultation Report dated December 16, 1999 diagnosed the applicant with Adjustment disorder with mixed emotional features and recent suicide attempt. Commanding Officer, Naval Hospital Camp Lejuene letter of December 16, 1999 recommended entry-level separation based on failure to adapt. A Commanding Officer Supply School letter date January 12, 2000 submitted a Proficiency rating of 4.0 and a conduct rating of 4.0. A Marine is required to maintain an average of 4.0 in both ratings to be promoted and to receive an honorable discharge a final average of 4.0 in conduct and 3.5 in proficiency is required.

4. We contend that the applicant should have received treatment for his mental condition. Clearly his suicide attempt is indicative of more than just an adjustment disorder. There is no evidence of any attempts to help the applicant resolve his mental issues. He had already completed recruit training, undoubtedly the most physical and mental challenge in his life at the time. Had this applicant received treatment would he have been a productive Marine? The rating provided by the Commanding Officer, Supply indicated he was 4.0 in both proficiency and conduct. Based on the requirements, this applicant was both promotable and eligible for an honorable discharge. This does not indicate an individual who cannot adapt, but merely needs help.

We refer this case to the Board for their careful and compassionate consideration and request the applicant's discharge be reviewed for fairness and equity.

 Documentation
Only the applicant's service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                990406 - 990726  COG

 Period of Service Under Review :
Date of Enlistment: 990727               Date of Discharge: 000114

 Length of Service (years, months, days):

         Active: 00 05 18
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

Education Level: 16                        AFQT: 41

 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: Rifle Sharpshooter Badge

 Days of Unauthorized Absence: None

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

UNCHARACTERIZED/ENTRY LEVEL PERFORMANCE AND CONDUCT, authority: MARCORSEPMAN Par. 6205.

 Chronological Listing of Significant Service Events :

991122:  Disqualified from PEF Cide of "CC" and assigned "0000" program.

 991216:  Medical evaluation by Mental Health Clinic, Camp Lejuene: Mbr referred here by Camp Johnson sick call. It is noted that the service member had a recent suicide attempt. 23 year old Hispanic, with four and half months continuous active duty. Mbr was accompanied by his "soon to be brother-in-law, engaged to pt's sister. Pt had difficult time communicating in English. Brother-in-law acted as translator. It should be noted that mbr required three times to pass the language aptitude test in boot camp before passing. Pt not that he joined the MC in Puerto Rico in an effort to improve the financial "quality of his family's life". He is married with two children. Apparently he was expecting his wife to relocate to the U.S., but she had decided to stay and has further insisted that unless he gets out of the military she will leave him. Mbr became hysterical and has been depressed for some many weeks. Approximately three weeks ago while staying in his "brother-in-law's" room he locked the door and attempted to hang himself with his own belt. Brother-in-law went around the locked door to the open window, climbed in, and wrestled the mbr away from securing the other end of the belt to the overhanging pipe. Apparently he was not taken to the ER nor was any medical authority notified at that time. It was not until about a week later that he saw the chaplain who directed him to the BAS.
         Diagnostic Impression: Pt is having an adjustment reaction to the threat of the loss of his family and/or marriage. This reaction is in excess of normal and expected reaction and appears to be significantly interfering with his ability to function within military environment. Further complicated with the fact that mbr cannot speak English without an interpreter, suspect that would complicate any adjustment he could make to the military. No history for personality disorder, although pt does seem to be presenting with rather strong dependent traits. No medical problems.
 Diagnoses: AXIS I: Adjustment Disorder with Mixed Emotional Features and Recent Suicide Attempt. AXIS II: Dependent Traits, AXIS III: None
Disposition: Given mbr's having been in the military four and a half months and his inability to communicate effectively which would probably cause him further problems, it was felt that this mbr should be expeditiously separated under entry level status. Diagnostic impression and recommendations were discussed with, understood, and agreed to by the pt as being consistent with his aims and goals.

991216:  CO, Naval Hospital, Camp Lejuene: Member thoroughly evaluated in the Mental Health Clinic. It's been determined that mbr is not mentally ill and is responsible for his behavior. However, he is having extreme difficulty in adjusting to the military environment and appears to be totally UNSUITABLE for military service.
         Recommendation: Be processed expeditiously for admin discharge. Mbr offered supportive follow-up by Mental Health pending admin separation. Mbr should not be allowed to handle weapons or engage in other potentially stressful or hazardous duties.
000112:  Applicant notified of intended recommendation for discharge with an entry level separation by reason of failure to adapt to the Marine Corps environment.

000113:  Counseled for deficiencies in performance and conduct [failure to adapt to the marine corps environment which is so severe that it adversely affects your ability to function effectively in a military environment and your unsatisfactory performance and conduct which is evidenced by your lack of reasonable effort]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

000113:  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.
000112:  Commanding officer recommended discharge with an entry level separation due to failure to adapt to the marine Corps environment. Basis for separation based on a psychiatric evaluation on 16 Dec 1999, which applicant was diagnosed as having an adjustment disorder. Applicant has had extreme difficulty in adjusting to the military environment and was found totally unsuitable for military service. Commanding officer’s comments (verbatim): "Private First Class (Applicant) has made a poor adjustment to the demands of military service and would be a problem to any future Command. Although comments from his instructor and Section Chief indicate no discipline or academic problems with Private First Class (Applicant), he is consumed with his medical and personal problems and is increasingly unable to focus on his military responsibilities. He has been dropped from class awaiting disposition of his case. Based on the psychiatric evaluation and an interview with Private Fist Class (Applicant), I am convinced that an expeditious separation would be in the best interest of the Marine Corps."

000112:  GCMCA [CO, MC Combat Service Support Schools Training Command] directed the applicant's discharge with an uncharacterized service by reason of Convenience of the Government due to failure to adapt, using separation code JGA1 and authority MARCORSEPMAN 6205.1.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000114 with Uncharacterized service due to Entry Level Performance and Conduct (A). The Board presumed regularity in the conduct of governmental affairs (B). 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 (C and D).

Issue 1. The applicant states he had six months of honorable service and was threatened with court-martial after asking to go to sick-call because he was feeling sick. The applicant’s service record shows he was diagnosed by competent medical authority as having an adjustment disorder and was found totally unsuitable for military service. The applicant was consumed with medical and personal problems, including difficulty passing the English language aptitude test, his wife threatened to leave him and his attempt to hang himself. The applicant was discharged for a personality disorder and the Board determined his discharge was proper and equitable. Relief denied.

Issue 2. The applicant states he received an Uncharacterized discharge due to personality disorder, then a DD-215 was issued, changing the reason for discharge from Personality Disorder (separation code HFX1) to Entry Level Performance and Conduct (separation code JGA1). The Commanding Officer, Marine Corps Combat Service Support Schools, directed the applicants original discharge as Uncharacterized, by reason of Convenience of the Government, due to failure to adapt (separation code JGA1). The DD 215 issued to the applicant corrected an administrative error. Relief denied.

Issue 3 and 4. The applicant states he completed training with no apparent problems. A Marine is required to maintain an average of 4.0 in both proficiency and conduct ratings to be promoted, and to receive an Honorable discharge, a final average of 4.0 in conduct and 3.5 in proficiency is required. Although the applicant maintained 4.0 PRO/CON performance marks, he served less than 6 months (180 days). That limits the characterization of his service to Entry Level Separation, unless the member’s service was so meritorious or derogatory that it warranted an Honorable or less than Honorable discharge. The Board determined the applicant’s discharge was proper and equitable. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. The Marine Corps Separation and Retirement Manual, (MCO P1900.16E, effective 950818), paragraph 6205, ENTRY LEVEL PERFORMANCE AND CONDUCT.
B. 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.

C. 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.

D. 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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