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USMC | DRB | 2001_Marine | MD01-00128
Original file (MD01-00128.rtf) Auto-classification: Denied


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

ex-PFC, USMCR
Docket No. MD01-00128

Applicant’s Request
The application for discharge review, received 001107, requested that the reason for the discharge be changed to Failure to Adapt. 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 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 Separation)/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. Discharge received should have been failure to adapt (FTA) or Entry Level Performance and Conduct (ELPAC), as shown in documents. (See applicant's ltr of explanation)

2. Reentry code on DD 214 (Document 1) is RE-3P, meaning Physical Disability when reason on DD 214 states condition is not a physical disability. (See applicant's ltr of explantation)

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's undated letter of explanation
Copy of DD Form 214
Admin discharge package (3 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 980707               Date of Discharge: 990723

 Length of Service (years, months, days):

         Active: 00 00 16
         Inactive: 00 11 10

 Age at Entry: 17(Parental consent)       Years Contracted: 8

 Education Level: 12                        AFQT: 99

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF                           Conduct: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

UNCHARACTERIZED (Entry Level Separation)/PERSONALITY DISORDER, authority: MARCORSEPMAN Par. 6203.3.

 Chronological Listing of Significant Service Events :


990720:  Mental Health Unit, MRD, San Diego: 18 year old single male, for IST Failure. Pt has written letters home which prompted his mother to contact ARC who contacted Chief of Staff. Recruit reports difficulties with the mental and physical speed of Boot Camp. He is still not adapting to military but rather is stuck in details that he feels he wasn't prepared for. He has written letters to his mother expressing a need to be "saved" from Boot Camp. Thoughts content focused on "this wasn't what I expected". Duration of suicidal/homicidal ideation - since receiving; Plan/means available - cut self or jump off 3 rd deck; Precipitant - simplest to end it; Current suicidal/homicidal risk assessment - low. Evaluation by a military Clinical Psychologist diagnosed the applicant with adjustment disorder with depressed mood.

990720:  Branch Medical Clinic, MRD, San Diego: Recruit's chief compliant "I can't adapt" suicide plans. Clinical interview, review of letters. He has not cooperated with T.O.T. continuing to threaten suicide if not released. Diagnosis: Personality Disorder NOS with Passive-Aggressive and Depressive Features. Recommendation: Referred for Admin Entry Level Separation. Mbr does not meet minimum standards for enlistment, mbr's conditions is unlikely to change if retained.

990722:  Applicant notified of intended recommendation for entry level separation (uncharacterized) for the convenience of the government - physical condition not a disability due to a personality disorder.

990722:  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.
990722:  Commanding officer directed Entry Level Separation for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychological evaluation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990723 with an entry level separation (uncharacterized) 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).

In the applicant’s issue 1, the Board informs the applicant that “failure to adapt” and “entry level performance and conduct” are not appropriate characterizations of service as specified by MCO P1900.16E, effective 18 Aug 95. For continuous active service totaling less than 180 days, the only authorized descriptor is “Uncharacterized”.

 The applicant was diagnosed with "Assessment: 18 year old male with “unable to adjust suicide ideation”; Axis I: Adjustment Disorder with depressed mood; Axis II: Personality Disorder NOS with passive-aggressive and depressive features; Axis III: none. He has not cooperated with T.O.T continuing to threaten suicide if not separated.”, by competent medical authority at the Branch Medical Clinic, Marine Recruit Depot, San Diego, 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 4 of NAVMILPERSMAN, Article 3620200 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.

Further, the total active service the applicant completed was 16 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.

In examining the applicant’s second issue, the following is provided for the applicant’s edification. Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps. Reenlistment policy is promulgated by the Commandant, United States Marine Corps, Code MMEA, 3280 Russell Road, Quantico, VA 22134. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief, on this basis is therefore, denied.

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. Representation at a personal hearing is not mandatory, but is strongly recommended. This representation need not be a lawyer, but may be any person of stature and good standing in the community including the various veterans’ organization.


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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